Road traffic
Drive otherwise than in accordance with a licence
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Summary only
- Maximum penalty
- See Sentencing Council guideline for the statutory maximum
Actus reus
- Drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising the driver to drive a motor vehicle of that class (RTA 1988, s.87(1)). Causing or permitting is s.87(2).
Mens rea
- Driving without the appropriate licence. Provisional-licence conditions (supervision, plates) are a common way the driving is “otherwise than in accordance with” the licence.
Defences
Held a licence authorising that class · Not a road / not driving · Wrong class alleged
Sentencing Council
Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band A fine Must endorse and impose 3 – 6 points Starting point: Band A fine Fines Starting point Ra.
At the police station
This is not driving while disqualified (s.103). Check photocard category and whether a provisional condition is the real allegation.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Road Traffic Act 1988, s.87 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Drink and drug driving ↗