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Motoring offences - prepare for change

Motoring offences - prepare for change

10th April 2008

Email: businessreporter@newburybusinesstoday.co.uk

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By Paul Trincas, of Charles Lucas & Marshall solicitors

MOTORISTS will soon face a new series of motoring offences which bring with them stiffer penalties and a new range of penalty points.
The Road Safety Act 2006 received Royal Assent on  November 8 2006. Some provisions have already been introduced - but implementation of the major part of the Act has yet to take place but it is likely different provisions will be applied over a period of time.
New offences
A new offence of ‘causing death by careless or inconsiderate driving.’ has been created. If tried in crown court it carries a maximum penalty of five years imprisonment whereas in the magistrates court the penalty will be a maximum of six months imprisonment. It also carries mandatory disqualification and endorsement.
For the first time, the Government has provided a statutory definition of careless or inconsiderate driving. A person is regarded as driving without due care and attention “if the way he drives falls below what would be expected of a competent and careful driver”. This statutory definition applies to all such offences committed after September 24 2007.
A new and controversial offence of “causing death by driving whilst either unlicensed, disqualified or uninsured” is also created by the Act. Again, this can be tried in either the magistrates or crown court and carries a maximum penalty of two years imprisonment in the crown court or six months imprisonment in the magistrates court, together with mandatory disqualification and endorsement.
From the way the statute is framed, the nature and quality of the driving concerned is irrelevant, eg, an uninsured, unlicensed or disqualified driver, even if driving perfectly properly, will be considered to have committed this offence if he is involved in an accident which leads to the death of another person.
New penalties
There will be a new range of penalties, not only for these new offences but also for existing offences.
As from September 24 2007 penalties have already increased for an offence of careless driving, where the maximum financial penalty has increased to £5,000
Further, the existing offence of failing to provide information as to the identity of a driver, which previously carried three penalty points, has increased, from the same date, to six penalty points.
One of the more important penalty changes relates to offences of speeding. Under the existing law, speeding offences carry a range of between three and six penalty points. This will change in that speeding offences will carry a range of between two and six penalty points.
The Act enables courts to offer people convicted of careless driving, speeding or failing to comply with traffic signs, the opportunity of reducing the number of penalty points on their licence by successfully completing a retraining course.
To qualify for the scheme, there should be at least seven and not more than eleven points to be taken into account at the time of conviction. Successful completion of the course will mean that 12 months after the conviction, three points, or fewer, if fewer were endorsed, will cease to be taken into account.
This new provision will provide some relief from the rigours of the totting-up provisions.
For further information contact Paul Trincas on (01635) 521212 or ptrincas@clmsolicitors.co.uk