Parliament has set 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 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 from following unsafe driving practices. 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 that they risk disqualification if further offences are committed.
A driver who accumulates 12 or more penalty points within a thre year period must be disqualified. This will be for a minimum period of six months, or longer if the driver has previously been disqualified.
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 ten years will result in a minimum of three years disqualification.
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 original length test or an extended test according to the nature of the offence.
Laws RTRA sects 28, 29, 34, 35 and 36
Penalty table |
||||
|---|---|---|---|---|
| Offence | Maximum penalties | |||
| IMPRISONMENT | FINE | DISQUALIFICATION | PENALTY POINTS |
|
| *Causing death by dangerous driving | 10 years | Unlimited | Obligatory - 2 years minimum | 3-11 (if exceptionally not disqualified) |
| *Dangerous driving | 2 years | Unlimited | Obligatory | 3-11 (if exceptionally not disqualified) |
| Causing death by dangerous driving under the influence of drink or drugs | 10 years | Unlimited | Obligatory 2- years minimum | 3-11 (if exceptionally not disqualified) |
| Careless or inconsiderate driving | - | £2,500 | Discretionary | 3 - 9 |
| Driving while unfit through drink or drugs or with excess alcohol; or failing to provide a specimen for analysis | 6 months | £5,000 | Obligatory | 3 - 11 (if exceptionally not disqualified) |
| Failing to stop after an accident or failing to stop report an accident. | 6 months | £5,000 | Discretionary | 5 - 10 |
| Driving when disqualified | 6 months (12 months in Scotland) | £5,000 | Discretionary | 6 |
| Driving after refusal or revocation of licence on medical grounds | 6 months | £5,000 | Discretionary | 3 - 6 |
| Driving with insurance | - | £5,000 | Discretionary | 6 - 8 |
| Driving otherwise than in accordance with a licence | - | £1,000 | Discretionary | 3 - 6 |
| Speeding | - | £1,000 (£2,500 for motorway offences) | Discretionary | 3 - 6 or 3 (fixed penalty) |
| 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 of vehicle | - | £1,000 | Discretionary | 3 |
| * 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. | ||||
New drivers. Special rules apply to drivers within two years of the date of passing their driving test if they passed the test after the 1st June 1997 and held nothing but a provisional (learner) licence before passing the test. If the number of penalty points on their licence reaches six or more as a result of offences they commit before the two years are over (including any they committed before they passed the test), their licence will be revoked. They must then reapply for a provisional licence and may drive only as learners until they pass a theory and practical driving test.
Law RT(ND)A
Note. This aplies even if they pay a fixed penalty. Drivers who already have a full licence for one type of vehicle are not affected by this when they pass a test to drive another type.
Other consequences of offending
Where an offence is punishable by imprisonment then the vehicle used to commit the offence may be confiscated.
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 have an accdent.
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 withdrawl of a driving licence.