Road Traffic Information

INTRODUCTION

The law relating to Road Traffic matters is substantial and in places complicated.

LEARNING TO DRIVE

In order to drive on public roads you need to apply for a driving licence. A provisional driving licence can be issued to enable you to learn to drive and take a formal test. Car drivers can hold the same provisional licence for years but a motorcyclist can only hold a licence for two years and cannot be renewed until 1 year after that. With a provisional licence you must display "L" plates, not drive on a motorway, and have someone in the front passenger seat who is over 21 years, fit to drive, not under the influence of alcohol, and held a licence for over 3 years.

FULL DRIVING LICENCE

A full driving licence will be valid until you are aged seventy. After then a licence will be granted for three-year periods subject to a medical. If you drive a vehicle without the correct licence you commit an offence and can be fined.

ROAD TAX

All cars must have a current tax disc relevant to that vehicle. If you drive a vehicle without a tax disc then you commit an offence and will be fined usually about twice or three times the cost of the disc.

M.O.T.

All vehicles over three years old must pass a Ministry of Transport (M.O.T.) test. This test is designed to ensure that the vehicle you drive is roadworthy and safe.

INSURANCE

If you drive a vehicle must have a valid certificate of insurance. If you do not have any cover and drive a vehicle you will commit an offence. The courts treat this as quite serious and will impose heavy fine, high penalty points and sometimes disqualify you. There are three main types of insurance cover:
THIRD PARTY
This covers claims made against you and your passengers for accidents and injury caused to other people on public and private roads.
THIRD PARTY FIRE AND THEFT
This provides third party cover and cover in the event of your car or property fitted to it (e.g. radios but not contents) being stolen or damaged.
COMPREHENSIVE
This provides Third Party Fire and Theft and cover for the theft of and damage to your car and contents and some related expenses.

PENALTY POINTS

Most minor road traffic offences result in the courts imposing penalty points onto the driver offenders driving licence. Anyone receiving 12 points or more within a period of 3 years will be disqualified for at least 6 months. Different offences attract different points.

SPEEDING

If you are caught speeding then you will usually be fined. Speeding is an ‘Absolute’ offence, which means that there is usually no defence to the charge.

SEAT BELTS

All persons carried in a vehicle must wear seat belts where they are provided. If a passenger does not wear a seat belt they (not the driver) will be prosecuted, unless the passenger is a child.

CARELESS DRIVING

It is an offence if you drive a vehicle in a public place without due care and attention or without reasonable consideration for other persons using the road or place. There are no hard and fast rules and each case depends on its own facts. These offences are dealt with in the Magistrates court. If convicted a fine and penalty points are imposed. Disqualification is discretionary.

DANGEROUS DRIVING

Dangerous driving is where someone drives in a way that is dangerous to people or property. Dangerous driving and causing death by dangerous driving are very serious offences. The courts will impose heavy penalties and if convicted, a person will be disqualified and face a high fine, and possibly imprisoned.

DRINK DRIVING

People should never drink and drive. Alcohol seriously affects peoples judgement and reactions. Drinking and driving is dangerous not only to the driver but to others including passengers and other road users. A person commits an offence if they drive, attempt to drive, or being in charge of a vehicle while under the influence of drink or drugs. The legal limits for alcohol are:
  • 35 microgrammes of alcohol on 100 millilitres of breath
  • 80 milligrammes of alcohol in 100 millilitres of blood
  • 107 milligrammes of alcohol in 100 millilitres of urine.

ROADSIDE TESTS

Random breath tests are not allowed. The police must have "reasonable cause to suspect" that a person is over the limit such as by driving carelessly or committing a road traffic offence. A roadside breath test can be carried out by a uniformed police officer. If the test is positive the driver will be arrested and taken to the police station for a blood or urine test.

POLICE STATION TESTS

Further tests can be carried out at certain police stations by specially trained police officers. A person will be advised of their rights and of their right to seek legal advice from their own or a duty solicitor. Two specimens of breath must be given and the lower one is used. A signed printout of the result will be handed over. If a person is on the borderline they can ask for the sample to be replaced by blood or urine tests. A doctor must take a specimen of blood.

REFUSAL TO TAKE A TEST

A refusal to provide a specimen of breath, without reasonable excuse is a serious offence. It is very difficult to provide the courts with a reasonable excuse.

DRINK DRIVING PENALTIES

A person convicted of drink driving is liable to a term of imprisonment of up to 6 months and/or a fine of up to £5,000. Disqualification of 12 months is also applicable.

CONCLUSION

The above is only a brief and partial account of the law governing Road Traffic matters. It is no substitute for detailed legal advice. If you have a specific problem you should contact a Solicitor or use our services offered below. If you are on a low income and are worried about how to pay for legal advice and assistance, your Solicitor can tell you about Legal Aid.