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Road Traffic Offenders Act 1988

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Regulation 110(4) specifies that the hand-held devices to which it applies are those (other than two-way radios) which are capable of transmitting or receiving data. “Using” Courts should be cautious before accepting assertions of exceptional hardship without evidence that alternatives (including alternative means of transport) for avoiding exceptional hardship are not viable;

Although this is the legal definition, ultimately it is a matter of fact and degree for a court to interpret as to whether or not a vehicle is a motor vehicle at the time of the incident.

A written Notice of Intended Prosecution must include the nature of the alleged offence and the date and place it was alleged to have been committed. The time limit for a written warning is 14 days from the date of the offence. It is important to note, however, that it is only the registered keeper that is required to receive such a warning within 14 days. For example, if a vehicle is leased, the leasing company (lessor) will be the registered keeper and it is they who must receive the warning within 14 days. The lessor should then identify the driver (lessee) and so it is common, therefore, for the driver to receive his own warning after the 14 days has elapsed, but this does not invalidate the warning. If, however, the driver is the registered keeper and receives a written Section 1 warning after 14 days have elapsed then the prosecution against the driver may be fatally flawed.

A person charged with Dangerous Driving in Scotland cannto be convicted unless, subject to certain exceptions, they have received a timeous warning that such a prosecution may occur. This is made clear in section 1 of the Road Traffic (Offenders) Act 1988 which provides: section 244 Road Traffic Act 1960 (re. offences under section 235 Road Traffic Act 1960 and section 99(5) Transport Act 1968) To provide a clear statutory basis for the charging of fees for diversionary courses, including an element to contribute towards the cost of road safety campaigns. It will not change the way in which courses are offered, administered or run. 4.2 What is the current level of fees charged for diversionary courses? Is the date of conviction or the date of the offence used to determine if the driver falls within the arrangements?Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings. The police in Scotland can, currently, hand out on the spot penalties to road traffic offenders. They do so by issuing a conditional offer of fixed penalty notice. The recipient of a conditional offer of fixed penalty notice has the option of either paying it or disputing it in court. If a person simply ignores a conditional offer of fixed penalty notice, the next step is to prosecute the recipient in court. It should be noted in terms of section 2 of the Road Traffic (Offenders) Act 1988 that there are exceptions to this rule. The main exception is if there is an accident. In those circumstances there is no need for a warning. “Accident” is not defined in the legislation but High Court rulings have made clear there dies not necessarily need to be a collision or damage. However it is clear that of real significance must occur and, often, near misses may constitute accidents. It should also be noted that the burden of proof lies with the accused. It is for the accused to prove that he did not receive a warning (or the correct warning). In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. imposed within the three years immediately preceding the date on which the current offence (or most recent of the current offences) was committed.

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