Motoring Offence Guides

Please click on the relevant link below for detailed information on the motoring offence that you are facing, details of the relevant roadtraffic offence penalties and summary information on possible defences.

We pride ourselves on providing one of the most comprehensive databases of offence information available. If the offence you are facing is not included then please e-mail us at mail@motordefencesolicitors.co.uk and we will look at having this added.

If you cannot immediately spot the offence you are looking for then we recommend you use the search facility to the left of the page. While we have tried to group the information so that it is easy to find, offences such as construction and use can cover a multitude of separate issues. Alternatively, go to our offence list on the Penalty Points page and follow the link to the offence you are facing.

1. Careless Driving

Guide to Careless Driving (Driving Without Due Care and Attention) While this is generally referred to as careless driving, the Road Traffic Act 1988 creates two offences: Careless Driving; and Inconsiderate Driving. For careless driving it is still necessary to show that your driving fell below that expected of a competent driver, but they specifically…

2. Construction & Use

Construction & Use Offences This is a large group of offences which are concerned either with the condition a vehicle is kept in or something that has been done to a vehicle which makes it unsafe. Typical examples of Construction and Use offences are driving a vehicle with: bald tyres; defective brakes; defective steering; carrying…

3. Dangerous Cycling

Dangerous Cycling Offence Riding a bicycle dangerously or in a dangerous condition in a public place, including on cycle lanes/paths. The test of for whether your riding was dangerous is the same as for Dangerous Driving, namely whether the standard fell far below that of a competent and careful rider and whether it would be…

4. Dangerous Driving

Dangerous Driving Legal Guide Driving a vehicle on a road or in any public place dangerously or in a dangerous condition. For driving dangerously the Court would consider whether the standard of driving fell far below that of a competent and careful driver and whether it would be obvious to such a driver that driving…

5. Dangerous Position

Guide to Leaving a Vehicle in a Dangerous Position It is an offence to leave a vehicle or trailer in a position on a road where it could cause injury to someone using the road. Examples are leaving a vehicle parked on a blind bend or next to a humpback bridge. It also includes things…

6. Death by Dangerous Driving

Causing Death by Dangerous Driving Causing the death of a person by driving a vehicle on a road or in any public place dangerously or in a dangerous condition. The standard for whether you were driving dangerously or driving a dangerous vehicle is the same as for Dangerous Driving itself. An offence of death by…

7. Disqualified Driving

Guide to Driving Whilst Disqualified It is an offence to: drive a motor vehicle if you have been disqualified from driving; and/or obtain a driving licence if you are disqualified from driving; or allow someone to drive a vehicle who you know is disqualified. If a constable sees you driving a vehicle and believes you…

8. Drink Driving

Drink Driving Offences Allegations of drink driving fall under 2 sections of the Road Traffic Act 1988 and create 6 categories of offences. However there are 2 main offences that are pursued by the police. 1. Driving or being in charge of a vehicle when unfit due to drink or drugs The Court would regard…

9. Driving Without Insurance

It is an offence to either use a motor vehicle on a road or other public place without valid insurance or let someone else use your vehicle with no insurance. You would be guilty even if you were not aware that an offence was committed, so you are under a positive duty to check that…

10. Drug Driving

Caught Drug Driving? We now see more drug driving prosecutions than ever before. This is due to the law change in 2015 that made it a strict liability offence to be above the specified limit for either one of 17 different drugs. Following a report from a panel of experts and a drug driving consultation…

11. Failing to Comply with Traffic Signs

Guide to Failing to Comply with Traffic Signs This offence covers many different scenarios from driving through a red light or going through a no entry sign to overtaking on double or single solid white lines. If you are accused of driving on hatched areas this will also come under this offence. Many of the…

12. Failing to Provide Details

Guide to Failing to Provide Details If you own or drive a vehicle said to have committed a motoring offence then under Section 172 of the Road Traffic Act 1988 the police can request details of who was driving the vehicle on a given day and time. The most common time for a request is…

13. HORT1 Producers

Guide to HORT1 Producers for Driving Licences, Insurance Certificates & MOTs Under Section 165 of the Road Traffic Act 1988 a Police Constable has the power to require: a person driving a motor vehicle on a road; or a person whom the Constable believes was driving a vehicle at the time of an accident; or…

14. Mobile Phone Whilst Driving

Guide to Mobile Phone Use While Driving It is an offence to use a hand-held phone whilst driving. It is also an offence to use a hands-free device where you are not in proper control of your vehicle as a result. Do I need an NIP (Notice of Intended Prosecution) for using a mobile phone…

15. No Licence

Driving Otherwise than in Accordance with a Licence It is an offence to drive a motor vehicle on the road that you do not have a relevant driving licence for. Typical scenarios where this charge may be used are driving a vehicle: without a driving licence; without a driving licence for that class of vehicle;…

16. No MOT

Using a Motor Vehicle Without an MOT Certificate For all vehicles registered for use on the road for 3 years or more there is a requirement to have passed an MOT test, which must be renewed annually. If you use or allow you vehicle to be used without a test certificate it is an offence….

17. No Road Tax

No Road Tax It is an offence to drive a vehicle or allow someone to drive a vehicle on a road without road tax or without displaying a valid tax disc. If you drive a vehicle declared SORN (Statutory Off-Road Notification) or having paid the wrong tax amount you will also be guilty of an…

18. Number Plate Offences

Number Plate Offences It is an offence to drive or own a vehicle that: has the incorrect size of lettering/numbers and/or correct layout. The precise regulations with respect to layout and size are vehicle specific. does not have a number plate fixed to it; has the registration mark obscured, e.g. so dirty that you cannot…

19. Outside Lane Restrictions

Guide to Motorways: Outside Lane Restrictions It is an offence to drive a vehicle in the outside lane of a motorway which is: towing a trailer; or a goods vehicle with a maximum laden weight exceeding 7.5 tonnes; or a goods vehicle between 3.5 and 7.5 tonnes without a speedlimiter being fitted; or a passenger…

20. Refusing a Specimen

Refusing to Give a Specimen of Breath, Blood or Urine It is an offence under s6 (roadside) or 7(6) (police station) of the Road Traffic Act 1988 to fail to provide a specimen of breath, blood or urine without reasonable excuse after having driven or attempted to drive. The prosecution do not have to show…

21. Reversing on a Motorway

Reversing on a Motorway It is an offence to drive a vehicle in reverse at any point on a motorway. This applies equally to driving on the: main carriageway; hard shoulder; or a slip road. Do I need an NIP (Notice of Intended Prosecution) for offences relating to driving in reverse on a motorway? No,…

22. Seat Belts/Restraints

Guide to Seat Belt and Restraints Law It is an offence to: Drive a car without a properly fitted seat belt; Travel in a car as a passenger without a properly fitted seat belt or restraint; and Allow a passenger under the age of 14 to travel in your vehicle without a properly fitted seat…

23. Speeding Offence Guide

Speeding Offence Guide Speeding offences fall into 5 general categories Offences committed on roads restricted to speeds of 20, 30, 40, and 50 mph Temporary speed limits placed on roads with limits of 50-70 mph Exceeding the limit on motorways Exceeding the speed limit applicable for the class of vehicle driven Failing to attain a…

24. Speedo Offences

Guide to Offences Related to Speedometers It is an offence to drive a vehicle that does not have a fully functional speedometer which shows both mph and kmph readings. It is also an offence for certain classes of vehicles, such as HGV’s not to have a speed limiter installed. Do I need an NIP (Notice…

25. Stopping on a Verge

Driving/Stopping on a Verge or Central Reservation It is an offence to either drive or be stationary on the Central Reservation or Verge of a motorway. The Verge of a motorway, is any part of it that is not either the carriageway (i.e. part of the road that is normally driven on) or the hard…

26. Stopping/Reporting

Guide to Failing to Stop/Report Where you are involved in an accident in or on a motor vehicle or bicycle causing injury or damage to another person, their property or an animal you must stop and give driver details to anyone who has reasonable grounds for requiring it . Where details are not given at…