Road traffic
Fail to comply with traffic sign (endorsable)
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Summary only
- Maximum penalty
- Level 3 fine
Actus reus
- A person driving or propelling a vehicle who fails to comply with the indication given by a traffic sign lawfully placed on or near a road is guilty of an offence (RTA 1988, s.36(1)).
- This page is the endorsable form — typically lights, stop signs, double white lines and the other signs in RTOA 1988 Sch. 2 that carry points. The sign must be of a kind prescribed for s.36 (s.36(2)).
Mens rea
- Failure to comply with the indication. This is not a dangerous-driving charge.
Defences
Sign not lawfully placed / not a prescribed s.36 sign · Did comply · Not driving or propelling a vehicle · Wrong (non-endorsable) sign alleged
Sentencing Council
Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band A fine Must endorse and impose 3 points Starting point: Band A fine Fines Starting point.
At the police station
Camera stills and which sign it was (red light vs a non-endorsable plate) decide the guideline. Do not confuse with s.35 officer-direction.
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.36 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Drink and drug driving ↗