Driving Otherwise Than in Accordance With a Licence (Section 87 Road Traffic Act 1988)

Road Traffic Act 1988, s.87(1)

Summary only
Level 3 fine

Definition

It is an offence for a person to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising him to drive a motor vehicle of that class. (Road Traffic Act 1988, s.87(1))

Points to prove

A person
drives
on a road
a motor vehicle of any class
otherwise than in accordance with a licence authorising him to drive a motor vehicle of that class

Driving Otherwise Than in Accordance With a Licence is an offence under s.87(1) Road Traffic Act 1988. It is an offence for a person to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising him to drive a motor vehicle of that class (s.87(1)); causing or permitting another person to do so is the separate offence in s.87(2). Maximum sentence on summary conviction: a fine at level 3 on the standard scale, with disqualification discretionary, and endorsement of 3 to 6 points obligatory, in a case where the offender's driving would not have been in accordance with any licence that could have been granted to him (Road Traffic Offenders Act 1988, Schedule 2).

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) or, for indictable offences, may be visually recorded (Code F).

Last updated 20 October 2026. Reviewed 20 October 2026

Mode of trial: Summary only
Maximum sentence: Level 3 fine
Act and section: Road Traffic Act 1988, s.87(1)
Power of arrest: A constable may arrest without a warrant anyone who is about to commit an offence, anyone who is in the act of committing an offence, anyone whom he has reasonable grounds for suspecting to be about to commit an offence and anyone whom he has reasonable grounds for suspecting to be committing an offence; and if a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it. The power is exercisable only if the constable has reasonable grounds for believing that for any of the reasons in s.24(5) it is necessary to arrest the person, those reasons being to ascertain the person's name or address, to prevent the person causing physical injury to himself or any other person, suffering physical injury, causing loss of or damage to property, committing an offence against public decency or causing an unlawful obstruction of the highway, to protect a child or other vulnerable person from the person, to allow the prompt and effective investigation of the offence or of the conduct of the person, or to prevent any prosecution for the offence from being hindered by the disappearance of the person (Police and Criminal Evidence Act 1984, s.24(1) to (5)).
Search on arrest: A person driving a mechanically propelled vehicle on a road must stop the vehicle on being required to do so by a constable in uniform or a traffic officer, and a person who fails to comply is guilty of an offence (Road Traffic Act 1988, s.163(1) and (3)). Where a constable in uniform requires, under s.164, a person to produce his licence for examination, the person fails to produce it, and the constable has reasonable grounds for believing that a motor vehicle is or was being driven by the person in contravention of s.87(1), the constable may seize the vehicle and remove it, may enter for that purpose any premises (other than a private dwelling house) on which he has reasonable grounds for believing the vehicle to be, and may use reasonable force if necessary; before seizing the vehicle the constable must warn the person that he will seize it if the person does not produce his licence immediately, unless the circumstances make it impracticable to do so (Road Traffic Act 1988, s.165A(2), (5) and (6)). A constable may search a person arrested at a place other than a police station if he has reasonable grounds for believing that the arrested person may present a danger to himself or others, and may search the arrested person for anything which he might use to assist him to escape from lawful custody or which might be evidence relating to an offence, to the extent reasonably required and only where the constable has reasonable grounds for believing that the person may have concealed such a thing on him (Police and Criminal Evidence Act 1984, s.32(1), (2)(a), (3) and (5)). Entry and search of premises after arrest under s.18 applies only to a person under arrest for an indictable offence and so does not apply to this summary offence (Police and Criminal Evidence Act 1984, s.18(1)).
Detention clock: A person shall not be kept in police detention for more than 24 hours without being charged (Police and Criminal Evidence Act 1984, s.41(1)); the 24 hours run from the relevant time, which in the ordinary case is the time at which the person arrives at the first police station to which he is taken after his arrest (s.41(2)(d)), and a person who is still in police detention and has not been charged at the expiry of 24 hours after the relevant time shall be released at that time, on bail if the pre-conditions for bail are satisfied or without bail if they are not (s.41(7)). The extensions in ss.42 to 44 do not apply to this offence: authorisation of continued detention up to 36 hours by an officer of the rank of superintendent or above (s.42(1)(b)) and a magistrates' court warrant of further detention and any extension of it (ss.43(4)(b) and 44) each require that an offence for which the person is under arrest is an indictable offence, and this offence is triable only summarily (Police and Criminal Evidence Act 1984, ss.42(1), 43(4) and 44(1)).
Source: www.legislation.gov.uk/ukpga/1988/52/section/87