Road Traffic Offenders Act 1988

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wilful failure to carry out the obligations placed on drivers after being involved in road accidents. Where it is asserted that hardship would be caused, the court must be satisfied that it is not merely inconvenience, or hardship, but exceptional hardship for which the court must have evidence; Vehicles are often damaged, difficult to access and require forensic examination, with appropriate storage facilities. 4.7 What happens if the driver doesn’t have their driving licence at the time of the offence? What happens if the driver is caught driving in the UK with a "mutual recognition" disqualification in force? Disqualifications which have arisen from the accumulation of penalty points – 'totting up' – are not subject to the arrangements. Offences

The Road Vehicles (Construction and Use) (Amendment) (No 4) Regulations 2003 amended the Road Vehicles (Construction and Use) Regulations 1986, by inserting Regulation 110 into the construction and use regulations. The Regulations were then further amended by the 2022 Regulations (see above) which effectively overturned the decision in Barreto. It is for the offender to prove to the civil standard of proof that such grounds exist. Other than very exceptionally, this will require evidence from the offender, and where such evidence is given, it must be sworn. The offence of driving whilst disqualified, although a summary offence, can be included in the indictment if founded on the same facts or evidence, or if it forms part of a series of offences of the same or similar character as an indictable offence which has also been charged - section 40 (3)(c) Criminal Justice Act 1988. Using a Vehicle without Insurance

Section 103 RTA 1988 provides that a person is guilty of an offence if, while disqualified from holding or obtaining a licence, they obtain a licence, or drives a motor vehicle on a road. 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 Offences against traffic signs and police signals are dealt with in sections 35, 36, 37 and 163 of the Road Traffic Act 1988. The expression 'traffic sign' is defined in section 64 of the Road Traffic Regulation Act 1984. The offence is one of strict liability – no mens rea is required. Driving/Obtaining a Driving Licence Whilst Disqualified driving or attempting to drive with excess alcohol in breath, blood or urine (section 5(1)(a) RTA 1988), and dangerous cycling (section 28 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

In Edkins v Knowles (1973) 57 Cr App R 751 the Divisional Court summarised the case-law on the subject of when “driving” ceased: 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 The date of conviction, on the proviso that the date of the offence was no earlier than 1 August 2017. Mobile phones and driving

Changes over time for: Section 75

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. other conduct constituting an offence for which a driving disqualification has been imposed by the state of offence: Section 1 Road Traffic Offenders Act 1988 ['RTOA 1988'] provides that a defendant cannot be convicted of certain road traffic offences set out in schedule 1 RTOA 1988 unless they have been warned that the question of prosecution would be considered. Such a warning is normally known as a "notice of intended prosecution", or NIP. What happens if the driver claims as part of his/her appeal that it is a case of mistaken identity?