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Road Traffic Offenders Act 1988

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The Crime (International Cooperation) Act 2003 (CICA 2003) now allows for mutual recognition of driving disqualification between the UK and Ireland. The CICA 2003 provides the method by which a driving disqualification imposed in Ireland or in the UK, upon on a UK or Irish resident, or upon the holder of a UK or Irish driving licence, for certain offences will be recognised and given effect in the UK and in Ireland. Categories of driver behaviour other conduct constituting an offence for which a driving disqualification has been imposed by the state of offence:

If a driver is disqualified in the UK as a result of the recognition of an Irish disqualification, and continues to drive in the UK the driver commits the offence of driving whilst disqualified contrary to section 103 of the Road Traffic Act 1988. The driver is committing an offence of "driving whilst disqualified" in accordance with s.103 Road Traffic Act 1988. Acts which breach these sections will often also amount to offences of a more serious nature which carry greater penalties. In such circumstances the prosecution need to decide which is the more appropriate charge. But usually charges under RTA 1988 and VERA 1994 should be preferred unless a defendant has committed a series of offences on a substantial scale for personal gain. The phone or device does not need to be seized before a prosecution can be brought but it will be necessary for there to be sufficient evidence that it was being used. See “Alternative offences” and “Mobile phone and other driving offences” (below) where the evidence of for section 41D(b) RTA 1988 is not sufficient. Stationary Vehicles "Driving"section 37 of the Vehicles (Crime) Act 2001 which amends the time limit in the Theft Act 1968 for proceedings relating to the unauthorised taking of a mechanically propelled vehicle

The vehicle need not be moving. Once it has come to rest the operations of applying the handbrake, switching off the ignition etc. should be considered as part of the driving; The Road Vehicles (Construction and Use) (Amendment) (No 4) Regulations 2003 amended the Road Vehicles (Construction and Use) Regulations 1986, by inserting Regulation 110 into the construction and use regulations. The Regulations were then further amended by the 2022 Regulations (see above) which effectively overturned the decision in Barreto.Within the UK the DVLA/DVA will apply a "same end date" approach. When the disqualification period ends in the place where the offence occurred, the disqualification will end in the UK on the same date.

Section 24 RTOA 1988 (as amended by the Road Safety Act 2006) allows a court which has returned a verdict of 'not guilty' to certain either way and summary offences, to convict for a specified alternative offence, provided that the content of the charge amounts to an allegation of an alternative offence. Alternative verdicts are permitted in relation to the summary offences of:How long was the stop? The longer it was the less likely it is that they can still be considered to be driving; The term "mechanically propelled vehicle" is not defined in the Road Traffic Acts. It is ultimately a matter of fact and degree for the court to decide. At its most basic level it is a vehicle which can be propelled by mechanical means. It can include both electrically and steam powered vehicles. Sections 54-79 of the Crime (International Cooperation) Act 2003 (as amended) provide the mechanism by which the agreement between the UK and Ireland is given legal effect. Effects of mutual recognition of driving disqualifications with Ireland

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