Consultation on key changes to law including red lights, insurance, no MOT coming back ‘in weeks’ which could see stiff new penalties
An August deadline has been set for a key report into changes which could make a big difference for millions of motorists. The Government is currently considering one of the biggest changes in recent years to road safety – and it will include potentially new offences and penalties around MOTs, insurance, and offences like going through red lights.
New penalties could be introduced for motoring offences, including for those who fail to get their MOT done, which could result in cars being seized at the roadside. Police forces and road safety bodies have expressed concerns to the government that certain offences do not carry sufficient sanctions, such as penalty points or vehicle confiscation.
The Andy Burnham administration is set to shortly release the results of a consultation into its Road Safety Strategy. The Department for Transport is contemplating harsher penalties for a variety of offences, including not having a valid MOT, driving without insurance, cases where a vehicle owner cannot be identified, and the use of ‘ghost’ or cloned number plates.
The consultation ended on May 16, with a promise to publish responses ‘within three months’ with changes to legislation ‘later this year’ – meaning it is due by August 16. The report said it had been inspired by concern from the authorities: “Police and road safety groups have told the government they are concerned that some offences do not carry extra penalties, such as penalty points or vehicle seizure. “
Police are frustrated that in some cases they do not have sufficient powers – such as fines, points and taking vehicles when met with lawbreaking. It said these are around a vehicle’s roadworthiness (no MOT), where no current keeper is identifiable, and incorrect, altered or false number plates ‘that prevent justice from being done’.
The report said: “It’s harder for police to identify who is using a vehicle because some offenders go to great lengths to hide who owns it or who was driving – this makes it harder for the police to keep the public safe and pursue offenders.
“There is a significant amount of evidence of disguising a vehicle’s true ownership to avoid compliance with vehicle excise duty requirements and other payment requirements for the use of certain roads. This places an additional burden on those law-abiding drivers when revenue shortfall to the treasury due to fraud has to be made up.
“The police currently have the powers to seize a vehicle from those driving whilst uninsured, or not in accordance with their driving licence. The use of this power has to be proportionate and allows police to use their discretion not to seize where they feel that is an appropriate decision based on the merits of each situation.”
The Department for Transport highlighted how if people make a false declaration to obtain motor insurance the could face penalties of 6 months at Magistrates Court, 2 years at Crown but there is no imposition of penalty points or potential disqualification. It said: “In comparison, the penalties for driving while uninsured are a fixed penalty of £300 and 6 penalty points or if the case goes to court, an unlimited fine and/or driving disqualification.” This means there could be no real sanction for the more minor offences.
The document also asks about issues around speed cameras and jumping red lights. The document says the rules are ‘open to abuse’. For offences detected by speed or red-light cameras, the law gives a 6-month statutory time limit (STL). This means the case must be brought before a magistrates’ court within 6 months of the offence. There will be clear digital or photographic evidence of the offence. This STL period includes the registered keeper providing details to the authorities of who the driver was at the time.
It is considering changing the time factor to 6 months ‘from when the details of the driver are provided to the authorities’.
In terms of unlicensed driving currently the offence of driving without a driving licence or not in accordance with a licence can result in a fine of up to £1,000, between 3 to 6 penalty points on a licence and a potential disqualification from driving. The consultation saiid: “It is arguable that an individual who drives on the road without ever passing a test, is equally culpable as an individual who continues to drive after being disqualified, so should face similar penalties. The penalties for the offence of driving while disqualified include a maximum 12-month custodial sentence.”
Currently, driving a vehicle without motor insurance can result in up to an unlimited fine, between 6 to 8 penalty points on a licence and a potential disqualification from driving. The DfT added: “However, the fixed penalty fine for this offence is £300 with an additional 6 penalty points if this fixed penalty is accepted. It is arguable that the level of the fixed penalty and the points on the licence do not reflect the seriousness of driving uninsured, or act as a deterrent to driving uninsured.
“The government is aware of calls to consider increasing the penalties for these offences, to enable the courts to pass a sentence that reflects the seriousness of these offences, and the harm caused if death or serious injury have occurred when committing them.”
A summary of responses will be published this month, the DfT said, ahead of the government moving to ‘amend the legislation later this year’. To read the full consultation document click here.
