Road Traffic Offenders Act 1988
- Not all offences carry penalty points, some only carry a fine.
- The general rule is that if you need a licence to commit the crime, then it is endorseable.
- Speeding requires a licence, so it is endorseable.
- Not having a valid MOT does not require a licence so is only fineable.
- Certain non-motoring offences such as failure to rectify vehicle defects can also attract penalty points.
- Penalty points are set by statute so the court MUST order points to be endorsed on the licence according to the fixed number or the range set by Parliament.
- Penalty points generally stay on the licence for 3 years though DVLA's approach is 4 years before you can apply to have them removed.
Certain more serious offences such as drunk driving stay on the licence for 10 years.
- The courts also have discretion to order a retest for any offence:
- Which carries penalty points.
- An extended retest where disqualification is obligatory.
- An ordinary test where disqualification is not obligatory.
- NB. Section 33A of the Road Traffic Offenders Act 1988 which applies to Scotland only. In certain circumstances the vehicle involved in the accident may be forfeited!
- Note also Powers of Criminal Courts (Sentencing) Act 2000 s.143(6) which allows forfeiture of a vehicle for certain offences which can result in imprisonment. This table shows the most common offences with the maximum applicable penalties.
Code |
Offence |
Imprisonment |
Fine |
Disqualification |
Points |
DD80 extended retest required. |
Causing death by dangerous driving |
14 years |
Unlimited |
Obligatory. Minimum of 2 years. |
3-11 (if exceptionally not disqualified) |
DD40 extended retestrequired |
Dangerous driving |
2 years |
Unlimited |
Ogligatory |
3-11 (if exceptionally not disqualified) |
CD40, drink CD50, drugs CD60, alcohol level above limit. Extended retest required |
Causing death by careless driving under the influence of drink or drugs |
14 years |
Unlimited |
Obligatory. Minimum of 2 years |
3-11 (if exceptionally not disqualified) |
CD10 CD20 CD30 |
Careless and inconsiderate driving |
|
£5,000 |
Discretionary |
3-9 pts |
DR10 DR20 DR30 DR80 |
Driving while unfit through drink or drugs or with excess alcohol or failing to provide a specimen for analysis |
6 months |
£5,000 |
Obligatory |
3-11 (if exceptionally not disqualified) |
AC10 AC20 |
Failing to stop after an accident or failing to report an accident. |
6 months |
£5,000 |
Discretionary |
5-10pts |
BA10 BA30 |
Driving when disqualified |
12 months in Scotland |
£5,000 |
Discretionary |
6 |
LC50 |
Driving after refusal or revocation of licence on medical grounds |
6 months |
£5,000 |
Discretionary |
3-6 months |
IN10S |
Driving without insurance |
|
£5,000 |
Discretionary |
6-8 pts |
Covered by Construction and Use Codes CU10, CU20, CU30, CU40 CU50 CU80 |
Using a vehicle in a dangerous condition
Causing or likely to cause danger by reason of load or passengers
Using a mobile phone while driving a motor vehicle
|
|
LGV £5,000 PCV £5,000 Other £2,500 |
Obligatory if offence committed within 3 years of a previous conviction for the same offence - 6 months minimum otherwise discretionary |
3 in each case |
LC20 |
Driving otherwise than in accordance with a licence |
|
£1,000 |
Discretionary |
3-6pts |
SP10 to SP60 |
Speeding |
|
£1,000 (£2,500 for motorway offences) |
Discretionary |
3-6 or 3 (fixed penalty) |
TS10 to TS70 |
Traffic light and signs offences |
|
£1,000 |
Discretionary |
3 |
MS90 |
Failing to identify driver of a vehicle |
|
£1,000 |
Discretionary |
6 (Post 24/09/2007) |
MS20 |
Unlawful pillion riding |
|
£1,000 |
Discretionary |
3 |