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Drive otherwise than in accordance with a licence

Road traffic — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Road traffic

Drive otherwise than in accordance with a licence

Road Traffic Act 1988, s.87

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.

View definitive guideline ↗

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.

More in Road traffic

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.