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. Being Drunk in charge of a Hackney Carriage

Being Drunk in charge of a Hackney Carriage It is an offence for a driver of a hackney carriage to be drunk whilst in charge of their vehicle. If you are found to be driving a taxi whilst the level of alcohol in your blood or on your breath is above the prescribed limit then…

2. 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 offences committed prior to 24 September 2007 the prosecution need to prove that your driving fell below the standard expected of a…

3. Carriage of a Person without their Consent or that of the Hirer

Carriage of a Person without their Consent or that of the Hirer Any person hiring a Hackney Carriage must give their consent to being carried within the carriage and it is an offence to carry anyone else other than the hirer, without the consent of the hirer. This consent must be expressly given and without…

4. 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…

5. 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…

6. 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…

7. 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…

8. 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…

9. 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…

10. 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…

11. Drivers’ Hours

Guide to Drivers’ Hours: Goods Vehicles You may not drive a goods vehicle continuously on national and international journeys for a period longer than 4½ hours. There is a daily limit of 9 to 10 hours depending on the particular circumstances. Rest periods must be for at least 45 minutes in total after a period…

12. Driving Without Insurance

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…

13. 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…

14. 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…

15. Failure to Report an Accident to the Local/Licensing Authority

Failure to Report an Accident to the Local/Licensing Authority A Proprietor or Driver of a licensed vehicle shall report to the authority as soon as is reasonably practicable and in any case within 72 hours of the occurrence, any accident to a licensed vehicle causing damage materially affecting the safety, performance or appearance of the…

16. Failure to Surrender Driver’s License

Failure to Surrender Driver’s License after Suspension, Revocation or Refusal to Renew All Licenses issued to drive either a Private Hire Vehicle or a Taxi remain the property of the Issuing Authority at all times and must be returned to them when the Licence has expired and is not renewed or where the Licence is…

17. 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…

18. Making a False Application for a Hackney License

Making a False Application for a Hackney License It is an offence for a person applying for a Hackney License to not state their legal name and correct address on the application form; also it is an offence not to declare the correct name and address of the proprietor or firm, if a partnership, that…

19. 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…

20. 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;…

21. 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….

22. 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…

23. 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…

24. Obstructing Another Hackney Carriage

Obstructing Another Hackney Carriage It is an offence for the driver or any other person having charge or care of a Hackney Carriage (a taxi with a yellow or white plate at the rear of the vehicle stating that it is a Hackney Carriage, usually with a sign on top, which can be hailed in…

25. 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…

26. Parking at Night

Parking at Night & Keeping Vehicles Lit Parking at Night: It is an offence if, between sunset and sunrise, you park a vehicle where the left hand side or near side of the vehicle is not as close as possible to the edge of the road. Keeping Vehicle Lit: The general position is that it…

27. Parking Tickets

Parking Tickets While parking tickets are the most common form of motoring penalty in the UK, the level of fine and the system are set to avoid fights. The system could not cope if everybody were to challenge their ticket. There is, therefore, a financial disincentive to fighting a ticket or paying late, as this…

28. Pedestrian Crossings

Guide to Pedestrian Crossing Offences There are different requirements for drivers with respect to pedestrian crossings dependent on whether it is a Zebra, Pelican, Puffin or Toucan Crossing. On a Zebra crossing (black and white lines with flashing orange beacons) there is an obligation to stop as soon as a pedestrian steps on it or…

29. Plying for Trade Without a Licence

Guide to Taxis: Plying for Trade Without a Licence It is an offence to be either: driving; standing; or plying; for hire without holding a valid taxi licence or displaying a taxi licence number. In addition, plying for hire without a licence is likely to invalidate your insurance and you may also find you are…

30. Producing Taxi Drivers’ Licence

Guide to Taxis: Producing Taxi Drivers’ Licence It is an offence to fail to produce, within 5 days of being requested, either: (i) a taxi drivers’ licence; or (ii) a private hire drivers’ licence; at the request of either: (i) an authorised council officer (you produce at the Council’s principal offices); or (ii) a police…

31. 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…

32. 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,…

33. 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…

34. 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…

35. 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…

36. 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…

37. 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…

38. Tachograph Offences

Guide to Tachograph Offences It is an offence to use any of the following vehicles without a fully functional Tachograph installed and running: a public service vehicle; a vehicle which can carry more than 12 people; a heavy (large) goods vehicle; or a vehicle which is designed to carry goods other than the belongings of…

39. Taxi Offence Guides

Taxi Offence Guides We pride ourselves on providing one of the most comprehensive databases of taxi offence information available. If you find yourself facing any of these potential charges then give us a call today for the most experienced legal advice around. As the taxi industry continues to grow and become a greater part of…

40. Taxi Offence: Carriage of the Disabled & Guide Dogs

Taxi Offence: Carriage of the Disabled & Guide Dogs It is an offence for a taxi driver or taxi company to either: refuse to accept a booking for a disabled person being accompanied by a guide, hearing or prescribed dog; or make an additional charge for carrying them. Do I need an NIP (Notice of…

41. Taxi Offence: Changing Your Address

Taxi Offence: Changing Your Address It is an offence for an owner of a Hackney Carriage company to change their address without notifying their Local Authority or the Licensing Authority of this within seven days of the change. The address can be either the home or business address, dependent on which is registered with the…

42. Taxi Offence: Charging Above the Fare Allowed

Charging Above the Fare allowed It is an offence for the driver of a Hackney Carriage (taxi with a yellow or white plate at the rear of the vehicle stating that it is a Hackney Carriage, usually with a sign on top, which can be hailed in the street) or any person having charge or…

43. Unlawful Pillion Riding

Unlawful Pillion Riding You are only allowed to carry a passenger on a motorcycle on a pillion seat securely fitted behind the rider. The minimum requirement is that the pillion can sit astride the seat and put their feet on the footrests. If the pillion is too short/small to achieve this or the motorcycle is…

44. Unlicensed Hackney Carriage Drivers

Guide to Taxis: Unlicensed Hackney Carriage Drivers It is an offence to drive a Hackney Carriage (taxi with a yellow or white plate at the rear of the vehicle stating that it is a Hackney Carriage, usually with a sign on top, which can be hailed in the street) without a valid licence issued by…

45. Updating Driving Licence Details

Guide to Updating Driving Licence Details It is an offence to fail, without a reasonable excuse, to update the DVLA/your driving licence immediately if your name and/or address changes. You must update the licence by submitting it to the DVLA for amendment or (for address only) by applying to amend the information online. Do I…

46. Using a Private Hire Vehicle in London

Guide to Taxis: Using a Private Hire Vehicle in London It is an offence for a private hire vehicle (PHV) to be used on a road in London without there being in force a London PHV licence. The offence applies to both the owner and driver of the vehicle. A London PHV licence can be…

47. Vehicle used as a Taxi without a Licence

Guide to Taxis: Vehicle used as a Taxi without a Licence It is an offence for the proprietor/owner of a taxi firm to have a vehicle operating which is not a licensed taxi and to knowingly allow it to be used as a taxi without the relevant private hire vehicle licence. In addition, it is…

Disclaimer The contents of these pages are provided as an information guide only and are limited to offences committed in England and Wales. No responsibility is accepted for any errors, omissions, or misleading statements on these pages or any site to which these pages connect, including any feature or aspect of such site or pages, whether provided by Motor Defence Solicitors or by any organisation, company or individual. No mention of any organisation, company or individual, whether on these pages or on other sites to which these pages are linked shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on the part of Motor Defence Solicitors.