About Road Traffic Offences & Penalties

A summary of the definitions of the more frequent offences and the penalties applied are contained below. Please click on the relevant offence. These are provided as a guide only. In all cases we recommend that you seek legal advice.

• Dangerous driving
• Careless and inconsiderate driving 
• Drink or Drug impairment 
• Accident offences 
• Driver identity 
• Driving licenses 
• Insurance 
• Excess speed, Traffic signs and directions 
• Obstruction and parking offences 
• Disqualified drivers 
• Construction and use offences 
• "Totting up" 

Dangerous driving

• Click here to request legal representation for dangerous driving

A person is to be regarded as driving dangerously if:

1. The way he drives falls far below what will be expected of a competent and careful driver and;
2. It will be obvious to a competent and careful driver that driving in that way he would be dangerous.

The standard of driving required is a fixed and objective one, namely that of a competent and careful driver and will apply to all drivers irrespective of their experience. For example the standard expected is the same for a learner driver holding a provisional licence as it is for an experienced or professional driver.

Defences

The defence of automatism may be relied upon by a defendant charged with the offence of dangerous driving if it can be shown that the defendants suffered a sudden mischance for which s/he was in no way to blame and which rendered him/her unconscious or otherwise prevented him/her from controlling the vehicle then the defendant will not be held to have been "driving". An example is a blow on the head from a stone rendering the defendant unconscious. The defence has also been known to extend to a sudden epileptic fit or loss of consciousness. This is however a complicated area of law with much case precedent and legal advice should be sought in connection with any proposed defence to these charges.

Click here and complete the enquiry screen if you require representation for this offence. Please have your driving licence and summons details with you when you complete the enquiry screen.

Offences and penalties for dangerous driving

Code	Offence	Endorsable points	Disqualification	Maximum punishment	Provision creating the offence
DD40	Dangerous driving	3-11	Obligatory	2 years imprisonment or a fine or both (on indictment)	RTA section 2
DD60	Manslaughter or culpable homicide while driving a vehicle	3-11	Obligatory	2 years imprisonment or a fine or both (on indictment)	Offences against the person act 1861
DD80	Causing death by dangerous driving	3-11	Obligatory	2 years imprisonment or a fine or both (on indictment)	RTA section 1

Back to top

Careless and inconsiderate driving

• Click here to request legal representation for careless and inconsiderate driving

A defendant will have driven without due care and attention if his driving has departed from the standard of care and skill that would in the circumstances of the case, have been exercised by a reasonably prudent and competent driver. The application of the standard enables this offence to cover cases ranging from momentary lapses in concentration or minor errors of judgement to deliberate bad old dangerous driving. Because the standard expected is that of a reasonable, prudent and competent driver in all the circumstances of the case the test will vary according to the driving conditions. For example if there is poor weather, visibility or traffic conditions and these may affect the degree of care required.

Defences

Automatism - see dangerous driving

In certain circumstances there may be defences where a mechanical defect suddenly manifested itself causing total loss of control but if the defect was known to the defendant or should have been discovered by the defendant the defence will not be successful. If you have any potential defence falling into this category you should seek legal advice.

There is no defence of necessity or duress and similarly there is no defence that the defendant was reacting to a public emergency.

Click here and complete the enquiry screen if you require representation for this offence. Please have your driving licence and summons details with you when you complete the enquiry screen.

Offences and penalties for Careless and inconsiderate driving

Code	Offence	Endorsable points	Disqualification	Maximum punishment	Provision creating the offence
CD10	Driving without due care and attention	3-9	Discretionary	Fine up to £2500	RTA section 3
CD20	Driving without reasonable consideration for other road users	3-9	Discretionary	Fine up to £2500	RTA section 3
CD30	Driving with out due care and attention or without reasonable consideration for other road users	3-9	Discretionary	Fine up to £2500	RTA section 3
CD40	Causing death through careless when unfit through drink	3-11	Obligatory	10 years or a fine or both	RTA section 3A
CD50	Causing death by careless driving when unfit through drugs	3-11	Obligatory	10 years or a fine or both	RTA section 3A
CD70	Causing death by careless driving when failing to supply a specimen for analysis	3-11	Obligatory	6 Months or a level 5 fine or both	RTA section 3

Back to top

Drink or drug impairment

• Click here to request legal representation for drink or drug impairment

Offences and penalties for Drink or drug impairment

Code	Offence	Endorsable points	Disqualification	Maximum punishment	Provision creating the offence
DR10	Driving or attempting to drive with alcohol level above the limit	3-11	12 months minimum	6 Months imprisonment or fine up to £5000 or both	RTA section 5 (1)(a)
DR30	Driving or attempting to drive and then failing to supply a specimen for analysis	3-11	12 months minimum	6 Months imprisonment or fine up to £5000 or both	RTA section 7v
DR40	In charge of a vehicle while alcohol level above limit	10	Discretionary	3 Month imprisonment or fine up to £2500 or both	RTA section 5 (1)(b)
DR50	In charge of a vehicle while unfit through drink	10	Discretionary	3 Months imprisonment	RTA section 4
DR60	Failing to a specimen for analysis in circumstances other than driving or attempting to drive	10	Discretionary	3 Months imprisonment or fine up to £2500 or both	RTA section 7
DR70	Failing to supply a specimen for breath test	10	12 months minimum	6 Months imprisonment or fine up to £5000 or both	RTA section 7
DR80	Causing Driving or attempting to drive when unfit through drugs	3-11	12 months minimum	6 Months imprisonment or fine up to £5000 or both	RTA section 4 (1)
DR90	In charge of vehicle when unfit through drugs	10	Discretionary	3 Months imprisonment or fine up to £2500 or both	RTA section 4 (2)

Back to top

Accident offences

• Click here to request legal representation for accident offences

These offences occur where there has been an accident between your vehicle and another or where your driving has caused an accident between two other vehicles.

Offences and penalties for Accident offences

Code	Offence	Endorsable points	Disqualification	Maximum punishment	Provision creating the offence
AC10	Failing to stop after an accident	5-10	Discretionary	6 Months	RTA section 170
AC20	Failing to give particulars or to report and accident within 24 hours	5-10	Discretionary	Fine up to £5000	RTA section 170 (4)

Back to top

Driver identity

• Click here to request legal representation for driver identity offences

If you are the owner of a vehicle you are required to provide details of the identity of the driver of the other vehicle following an accident.

Offences and penalties for Driver identity

Code	Offence	Endorsable points	Disqualification	Maximum punishment	Provision creating the offence
	Failure to give Police information as to identity of driver	3	Discretionary	Fine up to £1000	RTA section 172

Back to top

Driving licences

• Click here to request legal representation for driving licence offences

The following relate to driving restrictions on your licence.

Offences and penalties for dangerous driving

Code	Offence	Endorsable points	Disqualification	Maximum punishment	Provision creating the offence
LC20	Otherwise in accordance with a driving license	3-6	Discretionary	Fine up to £1000
LC30	Driving after making a false declaration about fitness when applying for a license	3-6	Discretionary	Fine up to £2500	RTA section 92 (10)
LC40	Driving a vehicle when having failed to notify of a disability	3-6	Discretionary	Fine up to £2500	RTA section 94 (3A)
LC50	Driving after a license has been revoked or refused on medical grounds	3-6	Discretionary	6 Months or fine up to £5000	RTA section 94 (3A)

Back to top

Insurance

• Click here to request legal representation for insurance offences

Driving a vehicle without any policy of assurance to indemnify you against Third Party risk is an offence.

Offences and penalties for insurance

Code	Offence	Endorsable points	Disqualification	Maximum punishment	Provision creating the offence
IN10	Using a vehicle uninsured against third-party risks	6-8	Discretionary	Fine up to £5000

Back to top

Excess speed, Traffic signs and directions

• Click here to request legal representation for excess speed, traffic signs and direction offences

Breach of the above gives rise to the following offences.

Offences and penalties for Excess speed, Traffic signs and directions

Code	Offence	Endorsable points	Disqualification	Maximum punishment	Provision creating the offence
SP10	Exceeding goods vehicle speed limits	3-6	Discretionary
SP20	Exceeding the speed limit for type of vehicle (excluding goods or passenger vehicle)	3-6	Discretionary	Fine up to £1000	RTA section 92 (10)
SP30	Exceeding statutory speed limit on a public road	3-6	Discretionary	Fine Fine up to £1000	RTA section 94 (3A)
SP50	Exceeding passenger vehicle speed limit	3-6	Discretionary		RTA section 94 (3A)
SP60	Exceeding speed limit on a motorway	3-6	Discretionary	Fine up to £2500	RTA section 94 (3A)
TS10	Undefined speed limit offence	3-6	Discretionary		RTA section 94 (3A)
TS20	Failing to comply with traffic light signals	3	Discretionary	Fine up to £1000	RTA section 94 (3A)
TS30	Failing to comply with double white lines	3	Discretionary	Fine up to £1000	RTA section 94 (3A)
TS40	Failing to comply with "Stop" sign	3	Discretionary	Fine up to £1000	RTA section 94 (3A)
TS50	Failing to comply with the traffic sign (excluding stop signs, traffic lights or double white lines)	3	Discretionary	Fine up to £1000	RTA section 94 (3A)
TS60	Failing to comply with school crossing patrol sign	3	Discretionary		RTA section 94 (3A)
TS70	Undefined failure to comply with a traffic direction sign	3	Discretionary	Fine up to £1000	RTA section 94 (3A)

Back to top

Obstruction and parking offences

• obstruction and parking offences

There are numerous offences here but the most serious resulting in a summons are listed below.

Offences and penalties for Obstruction and parking offences

Code	Offence	Endorsable points	Disqualification	Maximum punishment	Provision creating the offence
	Leaving vehicle in a dangerous position	3	Discretionary		RTA section 22

Back to top

Disqualified drivers

• Click here to request legal representation for disqualified drivering offences

The punishment for driving whilst disqualified is detailed below.

Offences and penalties for Obstruction and parking offences

Code	Offence	Endorsable points	Disqualification	Maximum punishment	Provision creating the offence
BA10	Driving while disqualified by order of the court	6	Discretionary	6 Months or fine up to £5000 or both	RTA section 103 (1)(b)

Back to top

Construction and use offences

• Click here to request legal representation for construction and use offences

These relate to PSV and HGV drivers.

Offences and penalties for dangerous driving

Code	Offence	Endorsable points	Disqualification	Maximum punishment
CU10	Using a vehicle with defective brakes	3	Discretionary	Fine up to £2500 or fine up to £5000 if goods vehicle or vehicle adapted to carry more than 8 passengers
CU20	Causing or likely to cause a danger by reason of the use of unsuitable vehicle or using a vehicle with parts or accessories (excluding brakes steering old timers) in a dangerous condition	3	Discretionary	Fine up to £2500 or fine up to £5000 if goods vehicle or vehicle adapted to carry more than 8 passengers
CU30	Using a vehicle with defective tyres	3	Discretionary	Fine up to £2500 or fine up to £5000 if goods vehicle or vehicle adapted to carry more than 8 passengers
CU40	Using a vehicle with defective steering	3	Discretionary	Fine up to £2500 or fine up to £5000 if goods vehicle or vehicle adapted to carry more than 8 passengers
CU50	Causing or likely to cause a danger by reason of load or passengers	3	Discretionary	Fine up to £2500 or fine up to £5000 if goods vehicle or vehicle adapted to carry more than 8 passengers

Back to top

"Totting up"

• Click here to request legal representation for totting up offences

Under the totting up provisions a driver can be disqualified where he/she accumulates 12 or more penalty points within a three year period.

If you reach 12 points within the 3 year period (and it is the date of the offences and not the hearing date which is relevant) then you will be disqualified for a minimum period of 6 months.

If you are then disqualified the slate is wiped clean of points at the date you get your licence back.

To avoid being banned for totting up you will need to be able to convince the court that there are mitigating circumstances. This means that you will have to show that a disqualification would cause exceptional hardship. The loss of your job could be considered to be exceptional hardship as could the loss of employment for others dependant upon you or hardship to members of your family.

Offences and penalties involving Totting up

Code	Offence	Endorsable points	Disqualification	Maximum punishment
TT99	To signify a disqualification under totting up procedure. If the total of penalty points reaches 12 or more within 3 years the driver is liable to be disqualified	3-6	Discretionary	6 months ban plus

Back to top