{"id":253,"date":"2024-01-25T14:45:02","date_gmt":"2024-01-25T14:45:02","guid":{"rendered":"https:\/\/www.stoneacre.co.uk\/blog\/2019\/10\/11\/driving-offences\/"},"modified":"2025-01-20T15:13:45","modified_gmt":"2025-01-20T15:13:45","slug":"driving-offences","status":"publish","type":"post","link":"https:\/\/www.stoneacre.co.uk\/blog\/driving-offences","title":{"rendered":"Did You Know: Different Driving Offences and the Penalties"},"content":{"rendered":"\n
\"Driving<\/figure>\n\n\n\n

While most of us wouldn\u2019t dream of breaking the law, driving offences are quite commonplace and many of us will have broken at least one UK driving law through our driving lifetime.<\/p>\n\n\n\n

Driving offences can vary from relatively minor misdemeanours to more serious offences. To help you understand what laws you may have committed, we\u2019ve compiled a complete guide to various driving offences and the subsequent punishments.<\/p>\n\n\n\n

The Difference between Minor and Major Offences<\/span><\/strong><\/h2>\n\n\n\n

Different driving offences usually fall into one of two categories; minor and major offences.<\/p>\n\n\n\n

Minor Offences: <\/strong><\/h3>\n\n\n\n

Minor offences include low-level misdemeanours, and the usual treatment is a fixed penalty notice (FPN). An FPN is an administrative alternative to prosecution in a Magistrates Court and usually involves the issue of a fine and penalty points on your driving licence. If you accept guilt, pay the fine or collect the points, you avoid a summons. However, if you challenge the FPN, you will have to appear in court.  <\/p>\n\n\n\n

Common minor offences include low-level speeding, driving without an MOT and using a handheld mobile phone behind the wheel.<\/p>\n\n\n\n

Minor offences must be declared to your insurance company and may result in higher premiums.<\/p>\n\n\n\n

Major Offences:<\/strong><\/h3>\n\n\n\n

Major offences are serious misdemeanours dealt with at a Magistrates Court.  They include offences such as driving under the influence of alcohol and dangerous driving.<\/p>\n\n\n\n

Usually, the circumstances around the offence are taken into consideration, along with your driving record and any mitigating circumstances.<\/p>\n\n\n\n

The punishment for major offences includes a driving ban and\/or prison sentence depending on the severity of the offence.<\/p>\n\n\n\n

For some major driving offences (ones unlikely to result in a driving ban) you can make a plea by letter.<\/p>\n\n\n\n

Different Driving Offences<\/span><\/strong><\/h2>\n\n\n\n

Speeding Offences<\/strong><\/h3>\n\n\n\n

\u2018It is an offence under the Road Traffic Regulation Act 1984 to exceed the speed limit for a vehicle of the class that is being driven.\u2019<\/em><\/p>\n\n\n\n

Speeding is the most common driving offence in the UK and the offence the majority of us are likely to commit.<\/p>\n\n\n\n

It is a common myth that you can travel 10% plus 2mph above a given speed limit. However, this is just a guideline for police to work with, and it is down to their discretion. They can still prosecute you if you are travelling 1mph over the speed limit. For your own and other road users’ safety, you should always stick within the given speed limit.<\/p>\n\n\n\n

What will happen?<\/span><\/h3>\n\n\n\n

If you are caught by a speed camera, you will usually be sent a Section 172 Notice and a Notice of Intended Prosecution. It is then required to be sent back within 28 days, so you can explain who was driving the car at the time of conviction. If you don’t do anything about the letter within 28 days, you may have to go to court – however, if you do return the first letter, you will be contacted about your next steps (either court or a Fixed Penalty Notice). <\/p>\n\n\n\n

For minor speeding offences, the usual Fixed Penalty Notice is \u00a3100 fine and three penalties. Furthermore, if you acquire up to 12 or more penalty points on your licence, this could lead to being disqualified. However, some people may be offered a speed awareness course <\/a><\/u><\/strong>instead. <\/p>\n\n\n\n

SOMETHING TO REMEMBER: <\/span><\/strong>If you’re a new driver within 2 years of passing your test and have 6 or more penalty points, you will have your licence withdrawn from you.<\/p>\n\n\n\n

If you are caught travelling more than 45% over the speed limit, the offence will usually be passed to the Magistrates Court for prosecution and could result in a hefty fine and a driving ban.<\/p>\n\n\n\n

\"How<\/figure>\n\n\n\n

Mobile Phone Use<\/strong><\/h3>\n\n\n\n

\u2018Using a mobile phone, sat nav, tablet or any device that can send or receive data is an illegal offence but also can be considered as dangerous or careless driving.\u2019<\/em><\/p>\n\n\n\n

Mobile phone use is an area that police are trying to crack down on. Since March 2017, the penalty for using mobile phone while driving is a \u00a3200 roadside fine and six penalty points. If you’ve only passed your test within 2-years of this offence, you’ll instantly lose your licence, too. However, if the offence is considered to be more serious, it can go to court, which can lead to a driving ban or a fine of up to \u00a31,000.<\/p>\n\n\n\n

You should remember that you can be fined for using a mobile phone when the engine is running. You should never be tempted to take a sneaky peek at your phone at traffic lights. If pulling over to answer a call or check your phone, you should do so only where it is safe to do so, and you should switch your engine off.<\/p>\n\n\n\n

It is legal to use a device if using an approved \u2018hands-free\u2019 device, but you should always bear in mind that doing this may reduce your concentration.<\/p>\n\n\n\n

\"using<\/figure>\n\n\n\n

Careless Driving (or driving without due care and attention)<\/strong><\/h3>\n\n\n\n

\u2018Under section 3 of the Road Traffic Act 1988 is committed when the defendant’s driving falls below the standard expected of a competent and careful driver.\u2019<\/em><\/p>\n\n\n\n

Careless driving covers a multitude of driving misdemeanours, meaning it is quite easy to end up committing an offence without realising it.<\/p>\n\n\n\n

Some examples of careless or inconsiderate driving are:<\/p>\n\n\n\n