Scotland: fixed penalty notices for road traffic offences

Scotland: fixed penalty notices for road traffic offences

DfT is consulting on proposals to change the law to allow fixed penalty notices to be issued to suspected road traffic offenders in Scotland.

Changes to the fixed penalty notice regime in Scotland would supplement existing powers to issue:

  • fixed penalty notices to stationary vehicles
  • conditional offers of fixed penalty notices to suspected offenders

The Consultation proposes that

Much of the law on the prosecution and punishment of road traffic offences is contained in the Road Traffic Offenders Act 1988 ("the Act"), which extends to Scotland, England, and Wales.

However, that does not mean that road traffic law is the same across the whole of the United Kingdom. This consultation is about one part of road traffic law where there is a difference between the law in Scotland, and the law in England and Wales.

In terms of the Scotland Act 1998, the Road Traffic Offenders Act 1988 is a reserved matter: This means that, in general, the Scottish Parliament cannot legislate on it or amend it, and any such amendments will require to be enacted by the United Kingdom Parliament.

The proposed change to road traffic law will require legislation to amend section 54 of the Act, which allows fixed penalty notices to be issued on-the-spot to suspected offenders of minor road traffic offences, so that it also applies to Scotland. Having considered the Scottish Government’s request, the Department for Transport is inviting you to comment on whether you agree with the proposal.

Read the full consultation at

https://www.gov.uk/government/consultations/scotland-fixed-penalty-notices-for-road-traffic-offences