Motor Racing on Highways (Section 12 Road Traffic Act 1988)

Motor Racing on Highways is an offence under s.12(1) Road Traffic Act 1988. A person who promotes or takes part in a race or trial of speed between motor vehicles on a public way is guilty of an offence (s.12(1)); in England and Wales "public way" means a highway (s.12(2)). Subsection (1) is subject to ss.12A to 12F, which make provision to allow the holding of races or trials of speed between motor vehicles on public ways in England and Wales (s.12(1A)(a)). Maximum sentence on summary conviction: a fine at level 4 on the standard scale, with obligatory disqualification and obligatory endorsement of 3 to 11 points (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. Officers should gather evidence of multiple vehicles racing: dashcam footage, ANPR data, witness statements, and body-worn video. Vehicles may be seized under s.59 Police Reform Act 2002 if used in a manner causing alarm, distress, or annoyance. Consider whether the driving also amounts to dangerous driving (s.2 RTA 1988) which carries a higher maximum sentence. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them.