Road Traffic Law

The definition of a “road” in England and Wales is ‘any highway and other road to which the public has access and includes bridges over which a road passes’.

It is important to note that references to ‘road’ therefore generally include footpaths, bridle-ways and cycle tracks and many roadways and driveways on private land (including many car parks).  In most cases, the law will apply to them and there may be additional rules for particular paths or ways.  Some serious driving offences, including drink-driving offences, also apply to all public places, for example public car parks.

Penalties

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.

Penalty Points and Disqualification

The penalty point system is intended to deter drivers and motor-cyclists from following unsafe motoring practices. Certain non-motoring offences, eg 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 motor cyclists that they risk disqualification if further offences are committed.

A driver 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 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-driver offence in the space of 10 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 ordinary length test or an extended test according to the nature of the offence. 

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 accident.

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.