Road Traffic Offenders Act 1988

Product Information

Regulation 110 does not define “hand-held” although 110(6)(a) states that a mobile phone or device is to be treated as hand-held if it is, or must be, held at some point while being used. The correct interpretation of this is that it is a deeming provision which extends the meaning of “hand-held” (Baretto paragraph 42, which remains good law for these purposes.) “Device” A Notice of Intended Prosecution is a warning issued to persons suspected of certain road traffic offences. It is also know as a “section 1 warning”. This stems from the fact that a Notice of Intended Prosecution is sent under section 1 of the Road Traffic Offenders Act 1988. This Guide covers what a Notice of Intended Prosecution is, to which offences it applies, what form it has to take and the required timeframes. Some detailed information in respect of certain offences is contained in our “learn more” boxes below. Finally we deal with some frequently asked questions. remove the requirement for drivers to produce and surrender their driving licence to the police or fixed penalty office before accepting a fixed penalty notice or a conditional offer for a motoring offence, and remove the requirement to surrender a driving licence prior to a court hearing for a road traffic offence (individuals will be required to take their licence to the court if attending a hearing) Subject to section 2 of this Act, a person shall not be convicted of an offence to which this section applies unless—

Offences of causing or permitting the uninsured use of a vehicle should be regarded as being as serious as using a motor vehicle without insurance. Finally, it is very important to note that a late Notice of Intended Prosecution in no way removes the legal obligation upon a person to identify the driver of a vehicle when required to do so under Section 172 of the Road Traffic Act 1988. If a driver fails to respond to such a requirement then he can still be charged with a contravention of Section 172 which carries a punishment of 6 penalty points. What if the warning is issued late?The offence is equally serious, whether "use" or "causing or permitting" is involved. There is a clear public interest in prosecuting offenders. Uninsured drivers pose a substantial risk to other road users.

Fixed penalty notices can be issued for offences such as using a hand-held mobile phone while driving, going through a red light and failure to wear a seat belt. 4.9 Does this mean that the police in Scotland will, for the first time, be able to issue drivers with a penalty at the roadside?The law surrounding Dangerous Driving in Scotland and notices of intended prosecution is, therefore, a complex area of the law for which specialist legal advice should be sought. Sections 54-79 of the Crime (International Cooperation) Act 2003 (as amended) provide the mechanism by which the agreement between the UK and Ireland is given legal effect. Effects of mutual recognition of driving disqualifications with Ireland DPP v King [2008] EWHC 447 (Admin) – a "City Mantis" electric scooter was held to be a motor vehicle.