If you may have committed a driving offence, here’s a quick guide about what’s what.
Notice of intended prosecution
Under Section 1 of the Road Traffic Offenders Act 1988 - you’ll find the whole Act here - the following offences require that you be given notice of the fact that you may be prosecuted:
a) Dangerous Driving
b) Careless & Inconsiderate driving
c) Leaving a vehicle in a dangerous place
d) Dangerous cycling
e) Careless & Inconsiderate cycling
f) Failing to conform with the indication of a police officer when directing traffic
g) Failing to comply with a traffic sign
h) Exceeding temporary speed restrictions imposed by Section 14 of the Road Traffic Regulation Act 1984
i) Exceeding speed restrictions on a special road
j) Exceeding temporary speed limit imposed by order
k) Speeding offences generally
What form must the notice take?
It can be :
a) given verbally at the time of the offence, or
b) by a summons being served on the offender within 14 days of commission of the offence, or
c) a notice of intended prosecution, specifying the nature of the offence and the time and place where it is alleged to have been committed, must be served on the offender, or the registered keeper of the vehicle at the time of the offence, within 14 days of the offence.
These provisions are deemed to have been complied with unless or until the contrary has been proved (i.e. you will have to raise it).
If you have not been given the notice within 14 days (ignoring the day of the offence) then they cannot proceed against you unless one of the exceptions set out below applies.
Exceptions & Get Outs
a) No such notice is required if a full or provisional fixed penalty notice has been given or fixed under the Road Traffic Offenders Act 1988.
b) A notice sent by post must be dispatched so that it would reach the driver within the 14 day period within the ordinary course of the post. If this is the case then it will have been deemed to have been served even if it is delivered outside the 14 day period.
c) If there is an accident involving the vehicle in question, of which the driver is aware, then the police do not need to provide a Notice of Intended Prosecution.
d) Failure to comply is no bar where the police could not with reasonable diligence have ascertained the name and address of the accused in time for service of the summons or notice within the 14 day period, or the accused contributed to such failure. [These might apply for example if you drive a hire car, company car or you were not the registered keeper]
e) Service of a notice at the last known address of the accused will suffice for good service.
Do you need to respond to a Notice of Intended Prosecution?
Originally it was thought not because of the effect of European legislation as now incorporated in our Human Rights legislation. However a recent decision seems to require that a response is given to these Notices - check out the latest by clicking here.
Caught on camera
It appears that a legal loophole in road traffic legislation regarding speed cameras has been firmly closed by a Privy Council ruling in the case of Margaret Brown.
Prior to that ruling there had been lower court decisions in both Scotland and England, suggesting that to ask drivers to confirm whether they were driving a car at the time an offence was committed was contrary to Article 6 of the European Convention on Human Rights, and so was itself illegal. As a consequence many speed camera prosecutions failed simply because the identity of the driver could not be established.
Road Traffic Offences
These are some of the more common driving offences.
NOTE: the bracketed initials are the codes used to describe these offences on licence endorsements.
Failing to Stop/Give Particulars after an accident (AC10) (AC20)
“Being the driver of a mechanically propelled vehicle, owing to the presence of which on a road an accident occurred whereby personal injury or damage was caused to another person or another vehicle or an animal not in the vehicle, or property on or near the road, then failed to stop or on being required by a person to give your name and address and the name and address of the owner and the identity mark of the vehicle, failed to do so.”
Maximum Penalty
6 months imprisonment and/or fine not exceeding Level 5 (see Table below)
Endorsement with 5-10 penalty points
Discretionary disqualification
Failing to Report an Accident (AC10)
“Being the driver of a mechanically propelled vehicle, owing to the presence of which on a road an accident occurred whereby personal injury was caused to another person, and not having given your name and address to a person having reasonable grounds for requiring you to do so, failed to report the accident at a police station or to a constable as soon as reasonably practicable and in any case within 24 hours of the occurrence of the accident.”
Maximum Penalty
6 months imprisonment and/or fine not exceeding Level 5
Endorsement with 5-10 penalty points
Discretionary disqualification
Speeding/Exceeding the speed limit (SP30)
“Driving on a road exceeding the prescribed speed limit”
Maximum penalty
Fine not exceeding Level 3
Endorsement with 3-6 penalty points
Discretionary disqualification
Speeding on a Motorway (SP50)
“Driving on a motorway in excess of the speed limit”
Maximum Penalty
Fine not exceeding Level 4
Endorsement with 3-6 penalty points
Discretionary disqualification
Totting up
o Where a driver accumulates 12 penalty points within the 3 year period from the date of the offences (NOT the date of the hearings) a driver can be disqualified under the totting up provisions.
o The minimum period of disqualification is 6 months.
o Following disqualification all points are removed at the date you get your licence back.
o To avoid a ban for totting up mitigation in the form of “exceptional hardship” (such as the loss of employment or family hardship) must be proed to the Court.
AT A GLANCE PENALTIES - LINK TO TABLE >>>>>
Endorsements
A licence will remain endorsed for 11 years from date of conviction if the offence is for:
- Driving while under the influence of drink or drugs (shown on the licence as DR10, DR20, DR30 and DR80).
- Causing death by careless driving while under the influence of drink or drugs (shown on the licence as CD40, CD50 and CD60).
- Causing death by careless driving, then failing to provide a specimen for analysis (shown on the licence as CD70).
A licence will remain endorsed for 4 years from date of conviction if the offence is:
- reckless/dangerous driving (shown on the licence as DD40, DD60 and DD80).
- an offence resulting in disqualification.
- driving while disqualified from holding a full licence until a driving test has been passed.
A licence will remain endorsed for 4 years from the date of the offence in all other cases.
Removal of endorsements
Different procedures apply depending on whether you hold a paper licence or a photocard licence.
In both cases, at the appropriate time you can apply to have endorsement(s) removed from your licence by completing a DVLA D1 application form and sending the appropriate fee to DVLA, Swansea, SA99 1AB.
If you hold a paper licence, you must also fill in a photocard D750 application form. You must also enclose original documentation confirming your identity and a passport sized photograph.
Forms are available from a Post Office.
Disqualification and Revocation of Licences
- Short Period Disqualifications.
If you were disqualified for less than 56 days, after stamping your licence as to how long you are disqualified for, the Court will return it to you. You do not need then to renew your licence when the short period disqualification ends and your licence becomes valid again the day following the expiry of the disqualification.
- Revocation under The Road Traffic (New Drivers) Act 1995.
a) If you pass your first driving test on or after 1 June 1997, and
b) then incur penalty points wiihin two year periods following first passing your driving test, and
c) there are 6 or more penalty points on your licence
your licence will be revoked by the DVLA. You will then have to obtain a provisional licence, drive as a learner, and pass the theory and practical test again in order to regain your full driving licence. Passing the retest will not remove the penalty points from your licence.
- For other instances of disqualification, please see “Penalties” above.
Getting your licence back following disqualification
Firstly you must apply for a new licence, even if your old licence has not yet expired
The DVLA will make medical enquiries if you have :-
a) been disqualified for driving, or being in charge of a vehicle, when the level of alcohol in the body equalled or exceeded :-
i.) 87.5 microgrammes per 100 millilitres of breath, or
ii.) 200 milligrammes per 100 millilitres of blood, or
iii) 267.5 milligrammes per 100 millilitres of urine.
b) two disqualifications within 10 years for drink/driving or for being in charge of a vehicle whilst unfit through drink.
c) one disqualification for failing or refusing to supply a specimen for analysis.
Paper licence holders must complete DVLA driving licence application form D1 and photocard application form D750 and enclose the appropriate fee together with original documentation confirming identity and a passport sized colour photograph.
Photocard licence holders must complete DVLA driving licence application form D1 and enclose the appropriate fee. If your name has changed since your last licence was issued you must complete driving licence application form D1 and photocard application form D750 and enclose the appropriate fee and original documentation confirming your new name.
How to get a disqualification removed
After being disqualified for more than 2 years, on application the Court which disqualified you will remove the disqualification after the following minimum periods:
a) 2 years if you were disqualified for less than 4 years
b) half the period of disqualification if it is less than 10 but not less than 4 years
c) 5 years if you were disqualified for 10 years or more.
Please contact Neil Cutler and Mark Buttery for detailed guidance and advice in relation to all aspects of road traffic law.
