The free library78 of 85 Road policing

Driving otherwise than in accordance with a licence

s.87(1)Road Traffic Act 1988

Driving a motor vehicle on a road without a licence authorising the driver to drive a vehicle of that class.

Driving otherwise than in accordance with a licence · Road Traffic Act 1988, s.87(1)Card 78 / 85

Points to prove

Drove
A motor vehicle of a particular class
On a road
Otherwise than in accordance with a licence authorising them to drive a motor vehicle of that class

Drives – not defined in the Act. The essence of driving is using the driver’s controls to direct the vehicle’s movement (R v MacDonagh 1974).
Motor vehicle – s.185(1): a mechanically propelled vehicle intended or adapted for use on roads.
Road – s.192(1): any highway and any other road to which the public has access, including bridges a road passes over.
Licence – s.108(1): a licence to drive a motor vehicle granted under Part 3 of the Act.
Otherwise than in accordance with a licence – covers having no licence at all, having no entitlement for that class of vehicle, and breaking the conditions of a provisional licence.

Exceptions – s.88: a person who has held a licence for that class may drive while a qualifying application to renew it is with the Secretary of State, or after certain revocations or surrenders, as long as any conditions are met.
The defendant has to prove they held a licence. Holding one is a fact peculiarly within their own knowledge (John v Humphreys 1955).

The offence is on a road only.
Causing or permitting another person to drive otherwise than in accordance with a licence is a separate offence under s.87(2) (fine only, no endorsement).
Driving while disqualified is the more serious s.103 offence. s.87 covers a driver who does not hold the right entitlement but is not disqualified.
Causing death by driving while unlicensed is an offence under s.3ZB (2 years).

Legislation: Road Traffic Act 1988, s.87(1) (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: Fine of up to £1,000 (level 3); 3 to 6 penalty points and discretionary disqualification where the driving could not have been in accordance with any licence that could have been granted to the driver