Road Traffic Offenders Act 1988

Product Information

DPP v King [2008] EWHC 447 (Admin) – a "City Mantis" electric scooter was held to be a motor vehicle. In deciding whether the use falls within the ambit of the Regulations, prosecutors should have regard to the ejusden generis rule, i.e. "that a provision in the statute is, broadly speaking, to be interpreted as including things of a like kind" (see R v Uxbridge Justices [1994] 2 CMLR 288). 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. In cases where there is uncertainty regarding the nature of the device, or dispute about whether it is being used, the alternative offence under section 41(D)(a) of the RTA 1988 (driving in such a position that he cannot have proper control of the vehicle) may be preferred. In some circumstances the evidence may support a charge of careless or dangerous driving depending on the seriousness of the risk posed by the driving. This guidance is provided to provide an overview of road traffic practice and procedure for summary offences, as distinct from two other pieces of road traffic guidance, namely:

evidence of a person who was present in court when the defendant was convicted on an earlier occasion and able to identify them as present in court regulation 103 Road Vehicles (Construction and Use) Regulations 1986 – (causing or permitting a vehicle to stand on a road so as to cause an unnecessary obstruction)If a Prosecutor is asked to sign a certificate, or to advise the police upon its format, the following example may be adopted. A copy should be provided to all parties and to the court. The prosecution has a duty to assist the court by ensuring that correct and full information, both in law and fact, is given. Prosecutors should: Within the UK the DVLA/DVA will apply a "same end date" approach. When the disqualification period ends in the place where the offence occurred, the disqualification will end in the UK on the same date. 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. DVLA can ask the Irish authorities for further information. The most appropriate time to seek this would be before any appeal is heard. If, in spite of further information, the driver continues to claim mistaken identity then it will be for the court to decide whether the disqualification should be applied in the UK. The original decision to disqualify made by the Irish courts will remain effective in Ireland unless the driver chooses to take up the issue with the Irish authorities.

Proof of disqualification is essential. In R v Derwentside Justices ex parte Heaviside [1996] RTR 384 the Court specified three ways in which a defendant could be proved to have been disqualified:

When dealing with offences specifically relating to the use of forged documents contrary to section 173(1) RTA 1988 or section 44 VERA 1994, the document concerned must be one of those listed within the relevant section. If the document is not listed, an offence under section 3 Forgery and Counterfeiting Act 1981(which is either way) may be considered. If a driver is disqualified in the UK as a result of the recognition of an Irish disqualification, and continues to drive in the UK the driver commits the offence of driving whilst disqualified contrary to section 103 of the Road Traffic Act 1988. Other vehicles which are not currently lawful for use on public roads unless registered and insured include self-balancing scooters (e.g. Segways), mini-Segways, Hoverboards, and single-wheel electric skateboards. Charge considerations Causing danger to other road users – section 22A RTA 1988 Age prohibitions on driving are set out in section 101 RTA 1988. These are referred to as disqualification of persons under age. Driving whilst under age does not constitute an offence of driving whilst disqualified (by reason of age) under section 103 RTA 1988 by virtue of section 103(4) RTA 1988. A person who drives a vehicle on a road while disqualified by reason of age, commits an offence under section 87 RTA 1988, which prohibits a person driving a vehicle on a road otherwise than in accordance with a licence authorising him to do so. Proof of Disqualification