Motorists in the UK must hold a valid driving licence that authorises them to drive the specific category of vehicle they are using. Where a person drives without the correct entitlement, they may commit the criminal offence known as driving otherwise than in accordance with a licence, contrary to section 87 of the Road Traffic Act 1988.
This is not the same as driving whilst disqualified. It commonly arises where a motorist holds a licence, but not the correct category, or fails to comply with licence conditions. The offence carries penalty points, a financial penalty and in some cases discretionary disqualification. In more serious situations, it can also create insurance problems and totting-up risks.
What this article is about: This guide explains the legal definition of driving otherwise than in accordance with a licence, what the prosecution must prove, common scenarios in which the offence occurs, the sentencing framework and endorsement codes, available defences and mitigation, and how the offence differs from related motoring offences such as driving whilst disqualified or driving without insurance.
This is a summary-only offence, but it should not be treated lightly. A conviction results in licence endorsement and can affect insurance premiums for years. Where a driver is close to the 12-point threshold, even a routine charge under section 87 can lead to disqualification under the totting-up provisions.
Section A: What Is Driving Otherwise Than in Accordance with a Licence?
Driving otherwise than in accordance with a licence is a statutory offence created by section 87 of the Road Traffic Act 1988. It applies where a person drives a motor vehicle without holding the appropriate licence entitlement for that vehicle. The offence focuses on whether the driver was legally authorised to drive that particular class of vehicle at the time of driving.
1. The statutory basis – section 87 RTA 1988
Section 87(1) provides that it is an offence for a person to drive a motor vehicle on a road otherwise than in accordance with a licence authorising them to drive a vehicle of that class. The key issue is not whether the driver holds a licence in general, but whether they hold the correct entitlement for the vehicle being driven.
Section 87(2) creates a separate offence of causing or permitting another person to drive a motor vehicle on a road otherwise than in accordance with a licence. This typically arises where a vehicle owner allows someone to drive knowing, or having reason to believe, that the driver does not hold the correct entitlement.
Both offences are summary-only and are prosecuted in the Magistrates’ Court.
2. Meaning of “road” and scope of the offence
For the purposes of the Road Traffic Act 1988, a “road” includes any highway and any other road to which the public has access. This can extend beyond public highways to privately owned land if members of the public are permitted access, such as certain car parks, retail parks or industrial estates.
The offence therefore does not depend strictly on whether the land is publicly owned. The question is whether the location qualifies as a road within the meaning of the Act.
3. Distinction from driving whilst disqualified
Driving otherwise than in accordance with a licence must be distinguished from the separate and more serious offence of driving whilst disqualified under section 103 of the Road Traffic Act 1988.
In a section 87 case, the driver may hold a licence but lacks the correct category entitlement or is in breach of a licence condition. In a section 103 case, the driver has been disqualified by a court and is prohibited from driving entirely during the period of disqualification.
The sentencing powers for driving whilst disqualified are significantly greater and can include imprisonment. Section 87 offences, while less serious, still result in penalty points and can contribute to a totting-up disqualification.
Section A summary: Driving otherwise than in accordance with a licence arises where a person drives a vehicle without holding the correct licence entitlement for that vehicle. It applies to driving on a road within the statutory definition and includes causing or permitting another to drive without proper entitlement. It is distinct from driving whilst disqualified, which carries more severe penalties.
Section B: What Must the Prosecution Prove?
To secure a conviction for driving otherwise than in accordance with a licence, the prosecution must prove each element of the offence beyond reasonable doubt. The structure of the case will depend on whether the charge is brought under section 87(1) or section 87(2) of the Road Traffic Act 1988.
Understanding the legal elements is important because not every irregularity with a driving licence automatically amounts to a section 87 offence.
1. Elements of the section 87(1) offence
For an offence under section 87(1), the prosecution must prove that:
- You were driving a motor vehicle
- On a road within the meaning of the Road Traffic Act 1988
- At the time of driving, you did not hold a licence authorising you to drive that class of vehicle
The central issue is entitlement. It is not enough that you hold a driving licence generally. The licence must authorise you to drive the particular category of vehicle in question, and you must comply with any conditions attached to that entitlement.
Evidence is commonly obtained through:
- Police observation
- Admissions made at the roadside
- DVLA records confirming entitlement categories and status
If DVLA records show that the driver did not hold the relevant category entitlement at the time of the alleged offence, that will usually form the basis of the prosecution case.
2. Elements of the section 87(2) offence (causing or permitting)
For an offence under section 87(2), the prosecution must prove that:
- You caused or permitted another person to drive
- A motor vehicle
- On a road
- When that person did not hold a licence authorising them to drive that class of vehicle
This offence frequently arises where a vehicle owner allows a friend, employee or family member to drive without checking that they hold the correct entitlement.
While the prosecution must establish that the driver lacked entitlement, there must also be evidence that the defendant consented to, authorised or allowed the driving to take place. Mere ownership of the vehicle is not enough. Where a person turns a blind eye to obvious risk, that can still support a finding that they “permitted” the driving.
3. Burden of proof and evidential issues
The legal burden of proving the offence remains on the prosecution throughout. However, whether a person holds a valid licence entitlement is a matter that can be readily established through official records.
If a defendant asserts that they held the correct entitlement at the time, they may produce:
- Their licence details
- DVLA confirmation
- Documentary evidence of entitlement
It is important to distinguish this offence from failing to produce a driving licence when required by a constable under section 164 of the Road Traffic Act 1988. Failure to produce at the roadside is a separate offence, and drivers are usually given a period to produce their licence at a nominated police station. A section 87 offence concerns the absence of entitlement, not merely the inability to physically produce a licence document.
Section B summary: To convict under section 87, the prosecution must prove driving on a road without the correct licence entitlement, or causing or permitting another to do so. The issue is whether the driver was legally authorised to drive that vehicle category at the time. Administrative failures to produce a licence under section 164 are distinct from a lack of entitlement.
Section C: Common Ways the Offence Is Committed
Although the legal test under section 87 is straightforward, the offence frequently arises from misunderstanding licence categories, restrictions or entitlement status. Many drivers assume that holding a full licence is sufficient in all circumstances. In reality, liability depends on whether the correct entitlement existed at the time of driving and whether all licence conditions were satisfied.
1. Driving a vehicle category not covered by your licence
One of the most common scenarios is where a motorist drives a vehicle that falls outside the categories shown on their licence.
For example:
- Driving a large goods vehicle without holding category C entitlement
- Driving a minibus without category D1 entitlement where required
- Driving a vehicle exceeding 3,500kg maximum authorised mass when only holding category B
- Towing a trailer in circumstances that exceed the driver’s entitlement
Since December 2021, most category B licence holders have been granted additional trailer entitlement without the need to pass a separate B+E test. In practice, B+E entitlement has been added automatically for most drivers, although towing remains subject to vehicle and trailer plated weights, manufacturer limits and the rules that apply to larger commercial and passenger-carrying vehicles.
If the vehicle being driven does not fall within the entitlement held, the offence under section 87(1) is committed.
2. Provisional licence breaches
A provisional licence authorises driving only if specific conditions are met. Failure to comply with those conditions may result in driving otherwise than in accordance with a licence.
Common examples include:
- Driving without displaying L plates (or D plates in Wales)
- Driving without a qualified supervisor present
- Being supervised by someone who does not meet the legal requirements
A supervising driver must generally be at least 21 years old and must have held a full licence for the relevant category for at least three years. The supervisor must also be entitled to drive the same category of vehicle, must not be disqualified and must be in a position to supervise properly. Insurance must also permit the learner to drive under supervision.
If these conditions are not satisfied, the provisional licence is not being used in accordance with its terms and section 87 liability may arise.
3. Breach of licence conditions or restrictions
Driving licences often contain restriction codes shown in column 12 on the reverse of the photocard licence. These codes impose specific conditions.
Examples include:
- Code 01: eyesight correction required
- Code 106: restricted to automatic transmission vehicles
- Code 101: not for hire or reward
If a driver breaches a condition attached to their entitlement, they may be driving otherwise than in accordance with their licence. For instance, a driver restricted to automatic vehicles who drives a manual car may commit the offence. Similarly, a driver who is required to wear corrective lenses but fails to do so may also be exposed to liability.
The licence is only valid when used in accordance with its stated conditions.
4. Revoked or expired entitlement
It is important to distinguish between administrative expiry and loss of entitlement.
A photocard licence must be renewed periodically for administrative purposes, including updating the photograph. Failure to renew the photocard may constitute a separate administrative offence, but it does not automatically mean the driver lacks entitlement. The underlying entitlement can remain valid unless and until the DVLA revokes it.
However, entitlement may be removed in other circumstances, such as:
- Revocation by the DVLA under the New Drivers Act
- Medical revocation following notification of a medical condition
- Expiry of time-limited entitlement for certain categories
If entitlement has been revoked or has expired and the driver continues to drive, the section 87 offence may be committed. Where a court has imposed a disqualification, the separate and more serious offence under section 103 will apply instead.
Section C summary: Driving otherwise than in accordance with a licence most commonly arises where a driver exceeds their vehicle category entitlement, breaches provisional licence conditions, fails to comply with restriction codes or continues driving after entitlement has been revoked. The offence turns on whether the driver was legally authorised to drive that vehicle at that time.
Section D: Penalties, Points and Insurance Consequences
Although driving otherwise than in accordance with a licence is classified as a summary-only offence, the consequences can be significant. A conviction results in licence endorsement, penalty points and a financial penalty. For some motorists, particularly those with existing points, the offence can lead to disqualification under the totting-up provisions.
1. Sentencing framework
An offence under section 87 of the Road Traffic Act 1988 carries:
- Between 3 and 6 penalty points
- A fine up to level 3 on the standard scale (currently £1,000)
- Discretionary disqualification
The court will consider the circumstances of the offence when deciding the appropriate number of points. Aggravating factors may include deliberate disregard of licensing rules or prolonged unlawful driving. Mitigating factors may include genuine misunderstanding or administrative confusion, though ignorance of the law is not a defence.
The court has discretion to impose a period of disqualification instead of penalty points. While this is not common for routine cases, it remains a sentencing option.
2. Endorsement codes and record retention
Convictions are recorded using specific endorsement codes:
- LC20: Driving otherwise than in accordance with a licence
- LC24: Causing or permitting another person to drive otherwise than in accordance with a licence
These endorsements remain on the driving record for four years from the date of the offence. They must typically be disclosed to insurers during that period.
3. Totting-up implications
Under the totting-up provisions, a driver who accumulates 12 or more penalty points within a three-year period faces a minimum six-month disqualification, unless they can successfully argue exceptional hardship.
For a driver already carrying points, even a 3-point endorsement for a section 87 offence may trigger totting-up proceedings. In such cases, the consequences of what might appear to be a technical licensing breach can become severe.
4. Insurance consequences and related risks
Driving otherwise than in accordance with a licence may also affect motor insurance.
Most insurance policies require the driver to hold a valid and appropriate licence. If a person drives without the correct entitlement, insurers may treat this as a breach of policy terms. Depending on the facts, this can invalidate cover between insurer and driver and may lead to allegations of driving without insurance under section 143 of the Road Traffic Act 1988, which carries 6 to 8 penalty points and significantly higher financial risk.
Police also have powers under section 165A of the Road Traffic Act 1988 to seize vehicles in certain circumstances, including where there is no valid insurance or the driver cannot produce a licence and cannot satisfy the officer that they are entitled to drive. While section 87 alone will not always result in seizure, associated insurance and licensing concerns can increase enforcement exposure.
Section D summary: A conviction for driving otherwise than in accordance with a licence results in 3 to 6 penalty points, a fine and possible disqualification. Endorsements remain on record for four years and can trigger totting-up proceedings. Insurance consequences can compound the legal risk, including potential allegations of driving without insurance where cover is affected.
Driving Otherwise Than in Accordance with a Licence FAQs
1. What does driving otherwise than in accordance with a licence mean?
It means driving a motor vehicle without holding the correct licence entitlement for that vehicle category, contrary to section 87 of the Road Traffic Act 1988. This can include driving outside the scope of a provisional licence or breaching licence conditions that apply to a particular entitlement.
2. How many points do you get for driving otherwise than in accordance with a licence?
The offence carries between 3 and 6 penalty points. In some cases, the court may impose a discretionary disqualification instead of penalty points.
3. Can you go to prison for this offence?
Driving otherwise than in accordance with a licence is a summary-only offence and does not carry a custodial sentence. However, if the driver was disqualified at the time, the more serious offence of driving whilst disqualified under section 103 of the Road Traffic Act 1988 may apply, which can result in imprisonment.
4. Is it illegal to drive with an expired photocard licence?
Failure to renew a photocard licence may amount to a separate administrative offence, but it does not automatically mean the driver lacks entitlement. A section 87 offence arises where the entitlement itself has been revoked, expired or was never held.
5. Is this offence worse than driving whilst disqualified?
No. Driving whilst disqualified is significantly more serious and carries the risk of imprisonment, an unlimited fine and mandatory further disqualification. Section 87 offences generally result in penalty points and a fine.
6. Does this offence affect insurance?
Yes. Insurers require drivers to hold a valid and appropriate licence. A conviction may increase premiums, and driving without the correct entitlement can also affect cover under policy terms, depending on the circumstances.
Conclusion
Driving otherwise than in accordance with a licence is a technical but consequential motoring offence. It arises where a driver lacks the correct entitlement for the vehicle being driven or fails to comply with licence conditions. Although it does not carry a custodial sentence, it results in licence endorsement and penalty points, and can contribute to a totting-up disqualification.
The offence often stems from misunderstanding vehicle categories, trailer entitlements or provisional licence conditions. Drivers should check their entitlement status through official DVLA records and ensure they remain compliant with all licence restrictions.
Where prosecution is contemplated, particularly if the driver already holds penalty points, early legal advice is advisable. Even a routine section 87 charge can have lasting implications for driving status and insurance costs.
Glossary
| Term | Meaning |
|---|---|
| Section 87 RTA 1988 | The statutory provision creating the offence of driving otherwise than in accordance with a licence |
| Entitlement | The authority shown on a driving licence permitting a person to drive a specific vehicle category |
| Category B | Standard car driving licence category |
| Disqualification | A court-imposed driving ban |
| Revocation | Administrative removal of licence entitlement by the DVLA |
| Totting Up | Accumulation of 12 or more penalty points within three years leading to disqualification |
| LC20 | Endorsement code for driving otherwise than in accordance with a licence |
| LC24 | Endorsement code for causing or permitting driving otherwise than in accordance with a licence |
Useful Links
| Resource | Source |
|---|---|
| Road Traffic Act 1988 – Section 87 | legislation.gov.uk |
| Road Traffic Act 1988 – Section 103 | legislation.gov.uk |
| Sentencing Council – Motoring Offences | sentencingcouncil.org.uk |
| Driving Licence Categories | GOV.UK |
| Driving Licence Codes | GOV.UK |
| View or Share Your Driving Licence | GOV.UK |
| Driving Whilst Disqualified Guide | Internal Motoring Offences Hub |
| Driving Without Insurance Explained | Internal Motoring Offences Hub |
Author
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing Agency for the Professional Services Sector.
