Tags: accumulation, alcohol level, dangerous driving, discretionary power, imprisonment, licence holder, maximum penalties, maximum penalty, minimum period, motorcyclist, motorcyclists, motoring offences, offence, penalty points, repeat offenders, road traffic offences, sect, sects, seriousness, simplicity,
Penalties
Parliament sets the maximum penalties for road traffic offences. The
seriousness of the offence is reflected in the maximum penalty. It is for the
courts to decide what sentence to impose according to circumstances.
The penalty table below indicates some of the main offences, and the
associated penalties. There is a wide range of other more specific offences
which, for the sake of simplicity, are not shown here. The penalty points
and disqualification system is described below.
Penalty points and disqualification
The penalty point system is intended to deter drivers and motorcyclists
from following unsafe motoring practices. Certain non-motoring offences,
e.g. failure to rectify vehicle defects, can also attract penalty points. The
court MUST order points to be endorsed on the licence according to the
fixed number or the range set by Parliament. The accumulation of penalty
points acts as a warning to drivers and motorcyclists that they risk
disqualification if further offences are committed.
[Law RTOA sects 44 & 45]
A driver or motorcyclist who accumulates 12 or more penalty points
within a three-year period MUST be disqualified. This will be for a
minimum period of six months, or longer if the driver or motorcyclist has
previously been disqualified.
[Law RTOA sect 35]
For every offence which carries penalty points the court has a
discretionary power to order the licence holder to be disqualified. This
may be for any period the court thinks fit, but will usually be between a
week and a few months.
In the case of serious offences, such as dangerous driving and drink-
driving, the court MUST order disqualification. The minimum period is
12 months, but for repeat offenders or where the alcohol level is high, it
may be longer. For example, a second drink-drive offence in the space of
10 years will result in a minimum of three years' disqualification.
[Law RTOA sect 34]
Please note the penalties listed under 'Imprisonment', 'Fine' and
'Disqualification' are maximum penalties.
Offence Imprisonment Fine Disqualification Penalty
points
*Causing death by 14 years Unlimited Obligatory 3-11 (if
dangerous driving - 2 years minumum exceptionally
not
disqualified
*Dangerous driving 2 years Unlimited Obligatory 3-11 (if
exceptionally
not
disqualified
*Causing death by 14 years Unlimited Obligatory 3-11 (if
careless driving under the - 2 years minimum exceptionally
influence of drink or drugs not
disqualified
-
Careless and £5,000 Discretionary 3-9
inconsiderate driving
Driving whlle unfit 6 months £5,000 Obligatory 3-11 (if
through drink or drugs or exceptionally
with excess alcohol: or not
failing to provide a disqualified
specimen for analysis
Failing to stop after an 6 months £5,000 Discretionary 5-10
accident or failing to
report an accident
Driving when disqualified 6 months (12 £5,000 Discretionary 6
months in Scotland)
Driving after refusal or 6 months £5,000 Discretionary 3-6
revocation of licence on
medical grounds
Driving without insurance - £5,000 Discretionary 6-8
Offence Imprisonment Fine Disqualification Penalty
points
Using a vehicle in a - LGV £5,000 Obligatory if offence 3 in each
dangerous condition PCV £5,000 committed within 3 years of case
Other £2,500 a previous conviction for
the same offence - 6
months minimum
otherwise discretionary
Failure to have proper - £1,000 Discretionary 3
control of vehicle or full (£2,500 for
view of the road and PCV or goods
traffic ahead, or using a vehicle)
hand-held mobile phone
while driving
Driving otherwise than in - £1,000 Discretionary 3-6
accordance with a licence
Speeding - £1,000 Discretionary 3-6 or 3
(£2,000 for (fixed
motorway penalty)
offences)
Traffic light offences - £1,000 Discretionary 3
No MOT certificate - £1,000 -
Seat belt offences - £500 -
Dangerous cycling - £2,500 -
Careless cycling - £1,000 -
Cycling on pavement - £500 -
Failing to identify driver - £1,000 Discretionary 6
of a vehicle
*Where a court disqualifies a person on conviction for one of these
offences, it must order an extended retest. The courts also have discretion
to order a retest for any other offence which carries penalty points, an
extended retest where disqualification is obligatory, and an ordinary test
where disqualification is not obligatory.
Furthermore, in some serious cases, the court MUST (in addition to
imposing a fixed period of disqualification) order the offender to be
disqualified until they pass a driving test. In other cases the court has a
discretionary power to order such disqualification. The test may be an
ordinary length test or an extended test according to the nature of the
offence.
[Law RTOA sect 36]
New drivers. Special rules as set out below apply for a period of two
years from the date of passing their first driving test, to drivers and
motorcyclists from
the UK, EU/EEA, the Isle of Man, the Channel Islands or Gibraltar who
passed their first driving test in any of those countries
other foreign countries who have to pass a UK driving test to gain a UK
licence, in which case the UK driving test is treated as their first driving
test; and
other foreign countries who (without needing a test) exchanged their
licence for a UK licence and subsequently passed a UK driving test to
drive another type of vehicle, in which case the UK driving test is
treated as their first driving test. For example a driver who exchanges a
foreign licence (car) for a UK licence (car) and who later passes a test to
drive another type of vehicle (e.g. an HGV) will be subject to the special
rules
Where a person subject to the special rules accumulates six or more
penalty points before the end of the two-year period (including any points
acquired before passing the test) their licence will be revoked
automatically. To regain the licence they must reapply for a provisional
licence and may drive only as a learner until they pass a further driving test
(see also 'Safety code for new drivers').
[Law RT(ND)A]
Note. This applies even if they pay for offences by fixed penalty. Drivers in
the first group (UK, EU/EEA etc.) who already have a full licence for one
type of vehicle are not affected by the special rules if they later pass a test
to drive another type of vehicle.
Other consequences of offending
Where an offence is punishable by imprisonment then the vehicle used to
commit the offence may be confiscated.
[Law PCC(S)A, sect 143]
In addition to the penalties a court may decide to impose, the cost of
insurance is likely to rise considerably following conviction for a serious
driving offence. This is because insurance companies consider such drivers
are more likely to be involved in a collision.
Drivers disqualified for drinking and driving twice within 10 years, or once
if they are over two and a half times the legal limit, or those who refused
to give a specimen, also have to satisfy the Driver and Vehicle Licensing
Agency's Medical Branch that they do not have an alcohol problem and
are otherwise fit to drive before their licence is returned at the end of
their period of disqualification. Persistent misuse of drugs or alcohol may
lead to the withdrawal of a driving licence.