Motor Law Answers

I have a provisional driving licence and whilst being supervised, I drove through a red traffic light. The car is registered under the supervisor’s name and we were complying with “driving with provisional licence” regulations.  Who gets the penalty?

Even though you are a provisional licence holder, you are expected to exercise the same standard of driving as that of a full licence holder. Consequently, you will be convicted of this offence. In theory, the supervising driver could also be found guilty of an offence (failing to supervise) but if he can show that he was actively attempting to prevent the error, any allegation against him should be dismissed.

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I recieved a Notice of Intended Prosecution in respect of my company car 14 days after the offence. As I’ve received the NIP outside the mandatory 14 day notification period, do I have to supply details of the driver?

There is a great deal of confusion about time limits for the receipt of a Notice of Intended Prosecution. The only obligation on the part of the Police is to serve the Notice on the registered keeper of the vehicle within 14 days of the offence. The registered keeper is the person and/or company whose details are held on the DVLA database. As this is a company car, the likelihood is that the registered keeper is either your employer or the lease company who supplied the vehicle. In those circumstances, you need to see a copy of the NIP that was sent to them as the likelihood is, it was served within 14 days and therefore valid. In those circumstances, you must reply to the Notice served on you and failure to do so is a further offence.

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I have held a full driving licence for a number of years, however I have just passed a motorbike test. Does the New Drivers Act apply to me?

The New Drivers Act applies for the first 2 years following the issue of your first full driving licence. Subsequently passing further tests and adding additional categories to your licence does not result in the New Drivers Act applying again. Consequently, having passed your motorbike test, does not restart any probationary period.

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I was stopped by the police on the motorway for speeding over 100 mph. I was given a producer and told I would receive a Court Summons in due course but it has now been over 2 months since the incident and I’ve not heard anything. Should I chase the Police? Is it possible that the Police Officer has decided not to process the paperwork? He told me I faced a driving ban and that I would have to go to Court. How long does it normally take for the Police to contact you?

The Police have 6 months to commence proceedings and do not have to contact you at any stage before then. In our experience, many forces diary cases for 5 months and 2 weeks, so the lack of progress at this stage does not suggest that they will not proceed. There is no point contacting the Police; it will only prompt them into life. If you do nothing, there is a slight chance that they will fail to progress the case in time.

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I have received two Fixed Penalty Notices within days of each other.  Will I be able to accept the two conditional offers, send and receive my driving licence back in time to meet the time limits?

You have 28 days in which to accept conditional offers. If they have been issued by the same Process Unit, you can send them together. If the Fixed Penalties are from different Police Authorities, you should send off the first one, but put in a note that you require the licence returned promptly. If the licence is not returned within the 28 days, you should contact the other Authority explain the situation, and ask them to extend the time for acceptance. Most will co-operate in this respect.

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I face a totting up ban and I have been given the option of pleading guilty by post so the case can be heard in my absence. I would prefer this option, especially as I’m likely to be banned and therefore do not want the expense of taking time off work, travel, hotel bills etc. Are the Magistrates likely to be any more severe in terms of the punishment imposed if I take this option rather than if I attended court in person?  

In theory, you can plead guilty by post. However, most Courts will then adjourn the case to provide you with a further opportunity to attend in person so that you can put forward a submission of exceptional hardship and explain why you should not be banned.

If you are resigned to the fact that a totting up ban is inevitable, and you are prepared to accept this, you should make this clear to the Court, stating that you do not wish to put forward an exceptional hardship plea. There is every prospect that they would then resolve the matter in your absence and there is no reason for the punishment to be any more severe. That said, if the case is still adjourned, and you are told that you must attend, failure to do so could result in a Warrant being issued for your arrest.

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I have received a Notice of Intended Prosecution for crossing a red traffic light. The NIP states that the time into red was only 1 second. The amber light was previously on for 2.9 seconds. Legally does the NIP apply if the red light was only illuminated for a second? Is it worth appealing?

Red traffic light offences are strict liability.  The rules are that you must stop on amber, unless it is unsafe to do so. You must stop on red, regardless of the circumstances.  If the lights were red for one second, you will be convicted. You can ask to see the photographic evidence etc, but if the lights were red when any part of your vehicle crossed the stop line, you will lose.
 
You may therefore be better off taking the 3 points and £60 fine as that offer will be withdrawn if you proceed to Court.

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I have just received a Court Summons, which means I face reaching 12 points for the second time in 2 years. Can I plead exceptional hardship again in order to retain my licence?  Do I now face a 12 month ban or is it still 6 months?

There is nothing to prevent you pleading exceptional hardship again but you are not allowed to use the same reasons twice in any three year period. If you can show new reasons your submission may well be successful. If you fail, it does not follow that the ban should be more than 6 months, it would only reach a minimum of 12 months if you have already received a totting up ban in the previous 3 years.

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I was caught driving without insurance. I was unaware at the time that my bank had cancelled my direct debit because there was not enough money in my account. The insurers did not contact me, nor did the bank. If I had known that the Policy was cancelled, I would never have driven. I have been told that I can present a special reasons defence in Court. Is this true?

Special reasons is not a defence. It is a facility that the Court can use to avoid imposing an endorsement on your driving licence. In order to be successful, the Defendant needs to establish mitigating or extenuating circumstances which whilst not amounting to a defence, are such that when taken into consideration, justify not imposing a punishment. The reason must relate to the Defendant not to the allegation. Forgetting to cover a direct debit would not be regarded as an extenuating circumstance, given that this is within your control and the onus is upon you as a driver to be certain that your insurance is effective before you use your vehicle.

Your best option is to plead mitigation and try to limit the punishment to 6 penalty points.

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I have been driving less than 2 years and face a drink driving offence. Will I have to retake my driving test if I am banned from driving?

Yes. you are subject to the Road Traffic (New Drivers) Act 1995, which means that for the first 2 years after passing your driving test, you are subject to a probationary period. During this time, your licence is revoked should you receive 6 penalty points or a disqualification of 56 days or more. Any drink driving ban would therefore result in revocation, meaning you would have to retake both parts of the driving test again, once the ban is concluded.

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