Information about http://www.billplant.co.uk/highwaycode/penalties.pdf

Penalties Parliament sets the maximum penalties for road traffic…

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,
Pages: 5
Language: english
Created: Tue Jan 15 10:27:58 2008
Display cached document
Page 1
image
Page 2
image
Page 3
image
Page 4
image
Page 5
image
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.