Driving While Disqualified (Section 103 Road Traffic Act 1988)

Driving While Disqualified is an offence under s.103(1)(b) Road Traffic Act 1988. A person is guilty of an offence if, while disqualified for holding or obtaining a licence, he drives a motor vehicle on a road (s.103(1)(b)); obtaining a licence while disqualified is the separate offence in s.103(1)(a), and a licence so obtained is of no effect (s.103(2)). Subsection (1)(b) does not apply to disqualification by virtue of s.101 (persons under age) or s.102 (physical disability) (s.103(4) and (5)), and where the disqualification is limited to vehicles of a particular class the offence is confined to driving vehicles of that class (s.103(6)). Maximum sentence in England and Wales, on summary conviction: 6 months or a fine at level 5 on the standard scale or both, with discretionary disqualification and obligatory endorsement of 6 points (Road Traffic Offenders Act 1988, Schedule 2). Schedule 2 lists trial on indictment for this offence only in Scotland.

In practice

This is a summary-only offence: it must be tried at the magistrates' court. Police may charge without CPS authority for summary offences. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E).