Offences and penalties
Enforcement and the points system
Every year in England and Wales police deal with more than six million road traffic offences. Many of these are minor and are dealt with by the issuing of fixed penalty notices, but a worrying number are serious and result in injury and death on the road. Make sure you stay safe on the road, and on the right side of the law, by reading our guide to motoring offences and enforcement.
The fixed penalty ticket
If you commit a minor traffic offence, for example not wearing a seatbelt or driving with a broken headlight, the police can issue you with a one-off fine called a fixed penalty notice.
- Non-endorsable offences – those which don’t result in points on your licence – usually incur a fine of £30.
- Fines for endorsable offences, such as speeding or using a mobile phone while driving – are £60.
Paying up
Police do not have the power to make you pay fines on the spot. You have 28 days to pay the fixed penalty or request a hearing, otherwise the fine will increase by 50%. You’ll be reported for prosecution if you fail to pay a fixed penalty for an offence detected by an automatic camera within 28 days.
If you feel a £30 penalty notice is unjust, you can choose not to pay the fine and argue your case in court. If you do pay the fine, you won’t be prosecuted and no record of your offence will be kept.
Speeding
If you are caught exceeding the speed limit you will receive a fine (£60, unless the case goes to court) and three penalty points on your licence. If you drive at 30mph above the limit on non-motorway roads, and above 100mph on motorways, you can also be disqualified.
Possible defences are that you were not speeding, that it was not you driving, or that you were driving an exempted vehicle in an emergency.
However, if you are guilty it is worth accepting the fixed penalty option as the fine will be a lot less than that imposed by a court, and there will be no court fees. You will also only receive the minimum number of points on your licence.
Dangerous driving
If your driving is considered to be grossly irresponsible you could be convicted of dangerous driving. This is one of the most serious motoring offences and carries with it a possible prison sentence of up to two years, an unlimited fine and an obligatory disqualification. The official definition of dangerous driving is when a person’s driving 'falls far below what would be expected of a competent and careful driver and it would be obvious to a competent and careful driver that driving in that way would be dangerous'. The offence of causing death by dangerous driving carries with it a 10-year prison sentence, an unlimited fine and disqualification.
Disqualification
If you get 12 points on your licence within a three-year period as a result of endorsable offences, your licence will usually be taken off you for at least six months. Offences that warrant mandatory disqualification from driving include all drink driving offences. In these cases, 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 ten years will result in a minimum of three years' disqualification.
In some serious cases, the court must (as well as imposing a fixed period of disqualification) order the offender to be disqualified until he or she passes a driving test. The test may be an ordinary length test or an extended test according to the nature of the offence.
The New Drivers Act
This Government initiative was introduced in June 1997 in an attempt to reduce the number of casualties, and those incurring endorsable traffic offences, among newly qualified drivers. If you collect six or more penalty points within two years of passing your driving test, your licence will be revoked. The Driver and Vehicle Licensing Agency (DVLA) will automatically revoke your licence when notified by a court or fixed penalty office.
There is no right of appeal against revocation, but you can appeal against the conviction itself.
Once your licence has been revoked your driving status reverts to that of learner. As a result you must take and pass another driving test in order to get your full licence back.
Vehicle seizure
The police have the power to seize your car if it is being used in anti-social manner, for example, if you are driving in such a way as to cause alarm, harassment or distress. Inconsiderate driving and unauthorised off-road driving are also included in this category. Since July 1, 2005, the police can also seize vehicles if drivers do not have an appropriate licence or insurance.
Mobile phone offence
From 1 December 2003 it became a specific offence to use a hand-held mobile phone in a moving vehicle. The penalty was a £30 fixed penalty or up to £1,000 on conviction in court (£2,500 for drivers of goods vehicles, buses or coaches), but no points. However, as of 27 February 2007, the penalty is now three points on your licence a minimum fine of £60.
The new regulations apply to the drivers of all motor vehicles on the road, including cars, motorcycles, goods vehicles, buses, coaches and taxis. They also apply to anyone supervising a learner driver, while the learner driver is driving.
Points on your licence
If you receive penalty points on your licence they will remain ‘live’ for three years. However, you will need to wait a further twelve months until you can send your licence to the DVLA to have them removed. Check the DVLA web site for current fees.
Frequently Asked Questions
Q: I have been sent a speeding ticket. I wasn’t the driver. What do I do?
A: If you were not driving at the time of the offence but are the registered keeper of the car, it is your responsibility to provide the full name and address of the person who was driving. Failure to provide this information is an offence and will result in a court summons.
Q: I was stopped for speeding in a 30mph limit but I swear I didn’t see any signs telling me it was 30. Do I have any defence?
A: In a word, no. The Highway Code (section 103) clearly states: ‘Street lights mean there is a 30mph speed limit unless there are signs showing another limit,’ so it is assumed that all drivers know that where there are street lights, the speed limit is 30mph. It is illegal to display repeater signs in a 30mph zone, unless there are no street lights, but the speed is displayed on posts, normally on both sides of the road, as you enter the 30mph area. The speed remains in force until a different limit is posted on both sides of the road.
Q: Is it worth reporting a motorcyclist who overtook me across solid double white lines and made an oncoming car swerve? I got his number plate.
A: You are perfectly within your rights to report the motorcyclist, but the likelihood of the police being able to do anything about it is slim. Unless you have evidence such as photographs or video footage, or can get the driver of the oncoming car to back you up, it’s just your word against his.
