Motoring Offences and the Law

March 2011

In the last 4 years nearly 25% of drivers have been penalised for speeding paying at least £500 million in fines.  In this area the 50 mph limit on the Severn Tolls Plaza and average speed cameras on the M4 have been a trap for the unwary and most people will know someone with points on their licence.  The loss of a driving licence can have a devastating affect on a persons ability to work or fulfil family commitments, but can often be avoided. 

The law relating to motoring offences is often very technical and complicated and all too often guilty pleas are entered by motorists where the Prosecution in fact would have significant difficulties in proving the case against them or where they don’t know how to fight the case.

Motorists have never been more at risk from prosecutions.  The Government increasingly over the last decade or so have introduced more sophisticated police speed checking equipment which has led to a huge increase in prosecutions in this area.

Speeding Offences

Speeding Offences are punishable by a fine of up to £2500 if the offence is committed on a motorway and up to £1000 if the offence is committed on any other road.  The fine depends on a number of factors but is largely gauged on income. 

The number of penalty points varies from 3 to 6 depending on the seriousness of the offence charged.  For higher speeds the Court can impose a discretionary disqualification usually starting from 7 days, but longer disqualifications are not unusual. 

Failing to identify the driver of a motor vehicle

Under Section 172 of the 1988 Road Traffic Act the owner of a motor vehicle is required to give information as to the identity of the driver of the vehicle at the time of an alleged offence such as speeding.  The offence of failing to identify a driver at the time of an alleged offence carries 6 penalty points and a fine of up to £1,000.  It will often be a shock to drivers that this offence carries a greater penalty than the speeding offence especially when motorists often do not receive letters requiring them to give this information due to the letters having been lost or delayed in the post. 

Totting Up

For a motorist who obtains 12 penalty points or more within a three year period, the starting point is that the Court must disqualify the motorist from driving for a minimum of 6 months.

If however the motorist is likely to suffer from exceptional hardship as a result of the disqualification then the Court has a discretion not to disqualify but would need to hear evidence and argument before exercising that. 

Speed Detection Devices

There are a growing number of speed detection devices that the police are using to catch speeding motorists.  The most familiar fixed speed cameras are commonly referred to as “Gatso” cameras.  These work by photographing a car over a marked distance from behind. 

Truvelo cameras are similar to the Gatso cameras but work by photographing the car from the front which helps to identify the driver of the vehicle.  This system uses an infrared flash which produces no visible flash to the driver.  Average Speed cameras are becoming more and more prevalent.

Police forces also use a variety of mobile and handheld devices which include laser devices such as the most popular LTI2020.

There are strict setup and operating procedures in relation to all the devices used by the police and in many cases these are not properly adhered to by the police and can mean that prosecutions may be challenged. 

Who Can Help

Many motorists accept fixed penalty offers or plead guilty without ever viewing or testing the Prosecution evidence and in some cases therefore motorists end up with points on their licence or in some cases disqualifications which are unnecessary.  Others do not know what factors are relevant to persuade Magistrates to exercise a discretion not to ban of what evidence will help them do that.  The duty solicitor scheme no longer covers non imprisonable offences and most motorists will be unrepresented.

This is an area of the law that is becoming increasingly more specialised and Everett Tomlin Lloyd & Pratt Solicitors have a number of experienced Criminal Solicitors who have successfully defended motorists in relation to speeding offences over a significant period of time. 

We operate from offices at Pontypool and Newport and cover most areas in the South Wales area.  We would be happy to advise you and if you wish to contact us please telephone on 01495 763333 at any time.  By taking legal advice at an early stage motorists may be able to avoid penalty points or a disqualification completely.