Road Traffic Offenders Act 1988

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Road Traffic Offenders Act 1988
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Long title An Act to consolidate certain enactments relating to the prosecution and punishment (including punishment without conviction) of road traffic offences, with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.
Citation 1988 c. 53
Territorial extent England, Wales, and Scotland
Dates
Royal assent 1988
Status: Amended
Text of statute as originally enacted

The Road Traffic Offenders Act 1988 (1988 c. 53) is an act of the Parliament of the United Kingdom consolidating legislation governing the prosecution, conviction, and punishment of road traffic offences, including fixed penalties, disqualification, and endorsement of driving licences. [1]

Contents

Provisions

CategorySummarySourceNote
Fixed penalty notices (FPNs)The Act regulates when a fixed penalty can be offered instead of prosecution. [2] [3]
Disqualification and endorsementProvides for disqualification of driving licences and endorsement of offences on driving records. [1]
Warning and time limits for prosecutionRequires certain procedural safeguards: e.g. warning at time of offence, or notice/summons within 14 days.See section 1 and related provisions.
RegulationsThe Secretary of State can make regulations concerning notices, fixed penalties, and court procedures. [1] [4]
Statutory declarationAllows statutory declaration under certain circumstances (e.g. to contest a notice). [5]
PenaltiesDefines fines, imprisonment (where applicable), and range of penalties for specific offences. [1] Maximum punishments set out in schedule/sections.

The Act consolidates earlier provisions to organise the way road traffic offences are prosecuted and punished. It was influenced by recommendations from the Law Commission and the Scottish Law Commission, as part of wider legal reform. The Act remains important in the UK legal framework, particularly because it governs fixed penalties (so many minor traffic offences are handled without a full court trial) and advocacy of driving records. [1]

Amendments

Many sections have been amended since 1988. For example, section 53 (fixed penalties) has been updated. [3] The Act also corresponds with other road traffic legislation (e.g., Road Traffic Act 1988) in clarifying and prosecuting driving offences.

Reception

Secondary commentary about the Act has also focused, for the most part, on the role it plays in structuring the prosecution and punishment of motoring offences. Sentencing guidance issued by the Sentencing Council records that the Act provides the statutory framework for fixed penalties, disqualification, and endorsement, forming the justification for how magistrates apply penalties in motoring cases. [6]

Guidance for those with motoring convictions, like that published by Unlock, discusses how endorsements and penalties imposed under the Act impact on rehabilitation periods under the Rehabilitation of Offenders Act. [7]

The continued importance of the Act within the wider frame of road-traffic enforcement is reflected in the legion of subsequent parliamentary bills amending it. [8]

See also

References

  1. 1 2 3 4 5 Parliament of the United Kingdom (1988). "Road Traffic Offenders Act 1988, Whole Act". legislation.gov.uk.
  2. ↑ Parliament of the United Kingdom. "Road Traffic Offenders Act 1988, Whole Act without Schedules". legislation.gov.uk.
  3. 1 2 Parliament of the United Kingdom. "Road Traffic Offenders Act 1988, Section 53". legislation.gov.uk.
  4. ↑ Parliament of the United Kingdom. "Road Traffic Offenders Act 1988, Whole Act, Chapter 53". legislation.gov.uk.
  5. ↑ "Statutory declaration under s. 72(2), Road Traffic Offenders Act 1988". GOV.UK. Retrieved 2025-11-21.
  6. ↑ Sentencing Council (2016). Magistrates' Court Sentencing Guidelines (PDF).
  7. ↑ "Motoring convictions and the Rehabilitation of Offenders Act". Unlock. 2022-08-21. Retrieved 2025-11-21.
  8. ↑ "Road Safety Bill". publications.parliament.uk. Retrieved 2025-11-21.
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