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Disclaimer: This is not legal advice. Legislation and case law change. Always consult a qualified solicitor for your specific situation.

UK Law Reference
All Legislation
Road Traffic
c. 53
England & Wales
amended

Road Traffic Offenders Act 1988

Last amended by Crime and Policing Act 2026 in 2026. 11 recorded amendment effects (legislation.gov.uk changes data).

Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.

Summary

The Road Traffic Offenders Act 1988 provides the procedural and sentencing framework for road traffic offences. It covers the penalty points system, disqualification from driving, fixed penalty procedures, and evidential provisions for speeding and drink-driving offences.

Key Points

  • Penalty points system and totting up disqualification (ss.28–35)
  • Obligatory and discretionary disqualification (ss.34–36)
  • Fixed penalty procedure (Part III)
  • Special reasons for not endorsing or disqualifying (s.34(1))
  • Drink-drive rehabilitation courses (s.34A)
  • Evidence from speed cameras and breath testing devices (ss.15–16, 20)

Parts & Sections

Amendments History

2022 — Police, Crime, Sentencing and Courts Act 2022

81 recorded amendment effects (legislation.gov.uk changes data).

2026 — Crime and Policing Act 2026

11 recorded amendment effects (legislation.gov.uk changes data).

2022 — Judicial Review and Courts Act 2022

8 recorded amendment effects (legislation.gov.uk changes data).

Frequently asked questions

What does the Road Traffic Offenders Act 1988 cover?
The Road Traffic Offenders Act 1988 establishes the procedural and sentencing framework for road traffic offences in England and Wales. It specifically covers the penalty points system, disqualification from driving, fixed penalty procedures, and evidential provisions for speeding and drink-driving offences.
How long is the minimum driving ban for obligatory disqualification offences?
If you are convicted of an offence involving obligatory disqualification, the court must disqualify you for at least 12 months. This requirement applies unless the court accepts that there are special reasons for not imposing disqualification.
What happens if I accumulate 12 or more penalty points?
When the number of penalty points to be taken into account reaches 12 or more, the court must disqualify you for at least 6 months. This mandatory ban applies unless there are mitigating circumstances that justify a different outcome.
How does the Act handle evidence from speed cameras and breath tests?
The Act includes specific provisions regarding evidence from speed cameras and breath testing devices. These sections, including ss.15, 16, and 20, outline how such evidence is handled within the legal framework for speeding and drink-driving offences.