Road Traffic Offenders Act 1988

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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.

Police forces do not physically manage the removals themselves. Forces instead rely on contracted recovery operators.Did they get out? If not, that is an indication (although not conclusive) that they are still driving. 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. 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 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 onus of establishing special reasons lies on the defence, and the standard is that of the balance of probabilities.

The following driver behaviours/conduct contained within the annex to the agreement and are mutually recognised: 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) Whether or not a person is driving will be a matter of fact and degree in every case but there is some guidance to be found in the RTA 1988 and in case-law. a) any circumstances that are alleged to make the offence (or any of the offences whose penalty points are to be taken into account) not serious, The term "mechanically propelled vehicle" is not defined in the Road Traffic Acts. It is ultimately a matter of fact and degree for the court to decide. At its most basic level it is a vehicle which can be propelled by mechanical means. It can include both electrically and steam powered vehicles.

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A person charged with Dangerous Driving in Scotland cannto be convicted unless, subject to certain exceptions, they have received a timeous warning that such a prosecution may occur. This is made clear in section 1 of the Road Traffic (Offenders) Act 1988 which provides: Offences of causing or permitting the uninsured use of a vehicle should be regarded as being as serious as using a motor vehicle without insurance. The term 'specified proceedings' refers to a limited range of summary offences for which criminal proceedings may be instituted and conducted by the police. Loss of employment will be an inevitable consequence of a driving ban for many people. Evidence that loss of employment would follow from disqualification is not in itself sufficient to demonstrate exceptional hardship; whether or not it does will depend on the circumstances of the offender and the consequences of that loss of employment on the offender and/or others. Useful information can be found in the Equal Treatment Bench Book (see in particular Chapter 11);