New Driving Laws coming into effect

From the 24^th September 2007 onwards, there have been some toughening-up measures brought in by the government.  One of the measures is the increase in penalty points for not furnishing information from 3 to 6 points, in addition to some other changes deemed necessary by the government.

 

The maximum fine available to the magistrates has been increased for a few offences.  For careless and inconsiderate driving the fine has now been increased from £2,500 to £5,000.  The fine for carrying a child without a seat belt has been increased from £200 to £500.  Furthermore, failing to stop when asked to do so by the police could now cost you £5,000 or £1,000 if you fail to stop on a bicycle.

 

There have been some changes to help police convict those who drive under the influence of drink or drugs by closing some loopholes and strengthening some penalties.  There will, for example, be an endorsement on your driving licence which will last 11 years if you do not consent to a specimen being subjected to lab tests after causing a death by careless driving.

 

Another change made by the new regulations is that there will now be an obligatory 6 month disqualification for driving a car in a dangerous condition if it is your second offence within 3 years.  This may have an impact on employers who allow their employees to drive vehicles in dangerous conditions, as they will have their licence endorsed and could be disqualified.

Points increase for not admitting to speeding - September 24^th 2007
The number of points you will receive for not “furnishing details” to the police if caught speeding has now been increased from 3 to 6.  This would be half the number necessary before an automatic disqualification may be issued for “totting up”.

If you are caught speeding by the police then you are likely to receive a notice in the post asking about who was driving the car at the time.  This is a s172 (Road Traffic Offences Act 1988) request, to which you must respond honestly and as completely as you are capable.  A request could also be  issued if you are caught doing anything else on a highway contrary to law, such as jumping a red light or dangerous driving.  When the police receive your details they can then proceed to prosecute.

Failure to respond to a s172 notice will, under the recent changes, lead your driving licence being endorsed with 6 penalty points, along with a fine.  Furthermore, deliberately responding with inaccurate information, such as “points swapping”, is almost certainly perverting the course of justice which may, and often does, lead to a prison sentence.  Therefore it is important to respond to the notice accurately and within the 28 days allowed.

It is worth pointing out that a speeding conviction attracts only 3-6 penalty points.  However for failing to respond the penalty as a fixed 6 points

It is worth noting however that if you are genuinely unsure as to who was driving the car at the time and could not find out by making the appropriate enquiries then you may have a defence available to you. 

If you would like to know more about your rights and options following a s172 “Request for Information” then contact Traffic Lawyers on 01603 281125