Motor Lawyers Blog – Motoring News

A further review of the penalty points system has been proposed by the Government.

For some time, there has been concern that the Fixed Penalty system has not taking into account the severity of offences as drivers travelling at 33 mph in a 30 zone are likely to receive exactly the same penalty as those travelling at 42 mph. The current proposal would mean the introduction of higher fixed penalties for higher speeds with drivers travelling at more than 45 mph in a 30 zone or in excess of 20 mph above other limits facing 6 points. Although some Police forces refuse to issue Fixed Penalties for such speeds in any event, there is no clear approach and regional variations have long been an area of concern.

If a 6 point speeding Fixed Penalty is introduced, it would mean new drivers could have their licence revoked immediately and the 6 month totting up ban could arise after just 2 offences.

In a general review of motoring offences, consideration will also be given to lowering the drink drive limit, introducing a specific offence for driving under the influence of drugs, greater enforcement of seat belt contraventions and more severe punishments for careless driving.

Although part of the plan is to no doubt reduce the number of cases being referred to Court, the probability is that it will only make drivers even more inclined to dispute cases, given there would be a far greater risk of losing a licence than there is under the current “totting up” system.

No date has been announced for completion of the review but indeed, this is a topic that has been raised on numerous previous occasions. However, it seems that it is now much more likely to be progressed.

Related Legal Links
Speeding Offences
Fixed Penalty Notice
Penalty Points System
Totting Up
Careless Driving
Drink Driving
Seat belts

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Despite car insurance being a legal requirement in order to drive on UK roads, you will still find a surprising number of uninsured drivers behind the wheel. Unfortunately, given the number of drivers without insurance and the sheer volume of traffic on UK roads, instances of uninsured drivers colliding with other road-users are bound to occur from time-to-time. Some estimates say that as many as one in twenty motorists have been involved in an accident with an uninsured driver, and that this will add between £15 and £30* to the average premium paid by conscientious motorists.

What do I do at the time of the accident?
Any motorist that collides with you is unlikely to admit that they have no insurance. To that end, you should endeavour to collect as much information as possible, including the following:

Motor Lawyers Comments:  If you do not have access to a camera, make a rough sketch of the accident circumstances. Whilst you will not be expected to record accurate measurements, there are various ways in which you can prove the position of a vehicle.  For example, note the position of the vehicle in relation to non variables such as lampposts, manhole covers, drains etc.  

Make a note of any CCTV cameras that cover the area. Although they may be there for completely different reasons to include congestion charging, traffic monitoring, security etc, it is possible they have recorded accurate evidence that can be used to support your case.  Also make a note of any tyre marks, debris or other fluid spills that are related to the accident. 

Should I call the police?
You should call the police as a matter of course if any of the vehicles are causing an obstruction, there is bodily injury, or you have hit third party property such as a wall. They will file an accident report, and a copy of this will prove handy when dealing with any other parties later involved with the incident – such as your insurance company.

If you do call the police, then they will request that the drivers involved produces their license, certificate of insurance and MoT certificate, in order to ensure that they are legally permitted to be on the road.

However, if the incident does not warrant a call to the police and you suspect the other driver in uninsured, inform your insurer and do not take matters into your own hands. Insurance companies have tools to see if an insurance policy on a particular car has been taken out, or can otherwise make inquiries based on the registered keeper of the vehicle.

How will my level of cover affect my claim?
In the event that you are hit by an uninsured driver, you will be in a far better position if you have comprehensive car insurance. You may lose your no claims bonus, but at least your insurance company will pay for the repair of your car. You will probably have to pay the excess too, unless you have a policy which waives the excess payment if you’re hit by an uninsured motorist.

Things get a lot trickier if you only have third party cover. Your repairs will not be covered by your car insurance company, and any offers of informal compensation from the other driver may well not be honoured – especially if the damage to your vehicle is likely to be expensive to repair. You may not even be able to trace the driver. If you do, there is no guarantee that they will cover your costs – even if taken to court. The Motor Insurers’ Bureau (MIB) will be your only recourse in this instance and your insurer can give you advice on the best way to proceed.

The MIB is a company which enters into agreements with the government to compensate the victims of negligent uninsured and untraced motorists. If you choose to seek compensation via the MIB, then you will have to have an accident report. You can find out more information regarding making a claim on their website www.mib.org.uk. The MIB seek to compensate victims fairly and promptly. However, bear in mind that any claim made will be reduced by £300 – a bit like an excess payment. So if one claims for damage to the value of £500, then they will receive £200 in compensation payment.

Motor Lawyers Comments: 

What are my legal obligations?
In order to use any vehicle on the road, the minimum of third party insurance cover is required. Many drivers are not intentionally uninsured but assume that because they have fully comprehensive cover on their own vehicle, they automatically have third party cover to drive vehicles not owned by them. However, this is normally not the case and would only be supplied if an additional premium has been paid.

Other problems arise when payments are made by direct debit and a payment is missed or because there are other restrictions, ie age of the driver etc. In all of these circumstances, a punishment of 6-8 penalty points or in certain situations, disqualification, will be imposed together with a fine.

* Motor Insurers’ Bureau figures, May 2007. They add: “the cost continues to rise in the light of increasing levels of compensation, legal costs and changes in legislation”.

About the Author
confused.com provide a price comparison website for car insurance.

External Links
confused.com
Motor Insurers Bureau

Related Legal Links
Driving Without Insurance
Failing to Stop and Report

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Following the initial tests at the Blackwall Tunnel and Camden, more extensive trials of the new “Wi-Fi” speed cameras are being carried out on the A13 between Canning Town and Gorsebrook.

The time elapsed cameras monitor traffic in all lanes and throughout the whole of the 5 mile section and have the ability to calculate speed at any point between cameras, thus tracking the vehicle at all stages on the journey.

The 5 month trial will not result in any prosecutions via this equipment, which is not yet Home Office approved, although motorists would be wise to remember that there are standard Gatso cameras on this section as well, which remain live and effective.

If successful, it is anticipated that the cameras will be used to enforce the blanket 20 mph speed limit that Ken Livingstone intends to impose throughout residential London should he be re-elected.

Related Legal Link
Speeding Offences

External Link
London Safety Camera Partnership

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Cambridgeshire Constabulary have rolled out their latest bid to slow down speeding motorists which consists of recruiting members of the local community to carry out speed checks. The “Speed Watch” pilot programme has already recruited 5 members of the public who have been trained up to use speed detection equipment in Soham for the 3 month trial.

Although the residents have no authority to stop or challenge any motorist alleged to be in excess of the speed limit, the plan is to note the vehicle details and then send an advisory/warning letter to the registered keeper.

Other local areas covered include Chippenham, Wickham, Fordham, Isleham, Kennett and Snailwell.

The project follows a similar “peer pressure” approach in Norfolk where speeding motorists were stopped by the Police and told to explain themselves to local school children, rather than face prosecution.

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