Annex 5. Penalties

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Department For Transport

July 27

11:48 2022

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Parliament sets 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.

The penalty table indicates some of the main offences, and the associated penalties. There is a wide range of other more specific offences which, for the sake of simplicity, are not shown here. The penalty points and disqualification system is described below.

Penalty points and disqualification

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

Law RTOA sects 44 & 45

A driver or motorcyclist who accumulates 12 or more penalty points within a 3-year period MUST be disqualified. This will be for a minimum period of 6 months, or longer if the driver or motorcyclist has previously been disqualified.

Law RTOA sect 35

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-drive offence in the space of 10 years will result in a minimum of 3 years disqualification.

Law RTOA sect 34

Penalty table

Offence	Maximum penalty	Penalty points
Causing death by dangerous driving	Life imprisonment / Unlimited fine / Obligatory - 5 years minimum	3 to 11 (if exceptionally not disqualified)
Dangerous driving	2 years imprisonment / Unlimited fine / Obligatory disqualification	3 to 11 (if exceptionally not disqualified)
Causing death by careless driving under the influence of drink or drugs	Life imprisonment / Unlimited fine / Obligatory - 5 years minimum	3 to 11 (if exceptionally not disqualified)
Careless and inconsiderate driving	Unlimited fine / Discretionary disqualification	3 to 9
Driving while unfit through drink or drugs or with excess alcohol: or failing to provide a specimen for analysis	6 months imprisonment / Unlimited fine / Obligatory disqualification	3 to 11 (if exceptionally not disqualified)
Failing to stop after an accident or failing to report an accident	6 months imprisonment / Unlimited fine / Discretionary disqualification	5 to 10
Driving while disqualified	6 months imprisonment (12 months in Scotland) / Unlimited fine / Discretionary disqualification	6
Driving after refusal or revocation of licence on medical grounds	6 months imprisonment / Unlimited fine / Discretionary disqualification	3 to 6
Driving without insurance	Unlimited fine / Discretionary disqualification	6 to 8
Using a vehicle in a dangerous condition	LGV or PCV unlimited, other vehicles 2,500/ Obligatory disqualification if offence committed within 3 years of a previous conviction for a similar offence - 6 months min. Otherwise discretionary	3 in each case
Failure to have proper control of vehicle or full view of the road and traffic ahead	1,000 fine (2,500 for PCV or goods vehicle) / Discretionary disqualification	3
Using a hand-held mobile phone when driving	1,000 fine (2,500 for PCV or goods vehicle) / Discretionary disqualification	6
Driving otherwise than in accordance with a licence	1,000 fine / Discretionary disqualification	3 to 6
Speeding	1,000 fine (2,500 for motorway offences) / Discretionary disqualification	3 to 6, or 3 (fixed penalty)
Traffic light offences	1,000 fine / Discretionary disqualification	3
No MOT certificate	1,000 fine	-
Seat belt offences	500 fine	-
Dangerous cycling	2,500 fine	-
Careless cycling	1,000 fine	-
Cycling on pavement	500 fine	-
Failing to identify driver of vehicle	1,000 fine / Discretionary disqualification	6

*Where a court disqualifies a person on conviction for one of these offences, it must order an extended retest. The courts also have discretion to order a retest for any other offence which carries penalty points, an extended retest where disqualification is obligatory, and an ordinary test where disqualification is not obligatory.

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.

Law RTOA sect 36

New drivers

Special rules as set out below apply for a period of two years from the date of passing their first driving test, to drivers and motorcyclists from

the UK, EU/EEA, the Isle of Man, the Channel Islands or Gibraltar who passed their first driving test in any of those countries
other foreign countries who have to pass a UK driving test to gain a UK licence, in which case the UK driving test is treated as their first driving test; and
other foreign countries who (without needing a test) exchanged their licence for a UK licence and subsequently passed a UK driving test to drive another type of vehicle, in which case the UK driving test is treated as their first driving test. For example a driver who exchanges a foreign licence (car) for a UK licence (car) and who later passes a test to drive a

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