Lee Foulser from the transport sector group at business law firm DWF examines the Government’s framework for road safety.
Last year, 24,870 people were killed or seriously injured in reported road traffic accidents.
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In an attempt to reduce this figure, the Government published its ‘Strategic Framework for Road Safety’, which included a consultation on proposed changes to the treatment of penalties for careless driving.
These changes are due to be implemented in this month.
What is the Government proposing?
– Fixed Penalty Notices (FPN) for careless driving
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By GlobalData– An increase to the fine tariff available for current FPNs
FPNs are widely used as a method of punishment where what are perceived to be less serious traffic infringements have been ommitted. The implementation of an FPN regime for the offence of careless driving will mean that, where a police constable in uniform
witnesses first hand, or possibly by way of photos or video footage, what they consider to be poor driving, they will have the ability to stop the motorist and issue them with an FPN – either at the time of the incident or at a later date. The motorist can, if they wish, refuse to accept the FPN and challenge the evidence in court, but where key evidence is from an experienced road traffic officer, the likelihood of acquittal may be low.
What are the risks with FPNs?
Motorists issued with an FPN may find themselves in a situation where, faced with the alternative prospect of having to take time off work to attend court, and potentially having to receive more penalty points if their defence is rejected, they feel under pressure to accept an FPN for careless driving to achieve a swift resolution. It’s worth noting, however, that motorists will have up to 28 days to decide whether or not to accept and pay an FPN. If legal advice is sought, it may be that the allegation can be defended, a particularly important consideration if a motorist’s livelihood depends on his or her licence.
The potential advantage in accepting an FPN in cases of alleged careless driving is that penalty points will be limited to three, as opposed to up to nine points plus potential disqualification, that could be issued by the magistrates’ court.
Motorists must consider the insurance implications that accepting three points will have, i.e. premiums will increase.
Insurers, with no insight into the circumstances surrounding an incident, will be forced to protect themselves against a seemingly increased risk and may soon look to incorporate policy terms stating that an FPN should not be accepted without the policyholder first notifying their insurer and seeking preliminary legal advice. It is possible that in future, should insured drivers accept an FPN – for
example to avoid the inconvenience of going to court – they may find the insurer will seek to recover from them the costs of any subsequent third party claims.
The framework proposes that FPNs should only be issued where there are no victims, no collisions and no public complaints, and seemingly therefore no question of civil liability. However there is a risk that an FPN may be offered and accepted for a driving offence where no injury is initially alleged but materialises a later date. Under such circumstances, this would provide a road traffic conviction that can be relied upon by the injured party as a potential admission of liability to support a subsequent civil claim.
Without greater clarity, it is currently conceivable that insurers could face a greater number of low-value claims with possible implications for motor counter-fraud too.
Will FPNs for careless driving work?
The demotion of careless driving to the FPN scheme sits a little uncomfortably with the offence of causing death by careless driving, as the same standard of driving may now result either in prison or an FPN, depending almost entirely on circumstances beyond the driver’s control.
The Government’s thinking here is that road safety will improve as motorists seek to drive more carefully for fear of on-the-spot fines.
However, detection will be largely dependent on police presence, and with ongoing cutbacks to police numbers there is less chance that an offence will be witnessed and the motorist stopped.
Increasing fines
The other Government proposal outlined in the framework is the increase of fines available under the FPN regime from £60 to £90.
Penalty levels have remained the same since 2000, and subsequent price inflation has reduced their real value. The penalty levels associated with most motoring offences are lower than those applicable to other, arguably less severe, offences and the current fine level creates the impression of a minor offence.
The strategy for improving road safety is undermined by the perception that to receive an FPN is more desirable than to participate in remedial courses which are expensive and require time to be taken from work to complete.
Increasing fines will make the remedial course option – which will not result in penalty points being placed on a driving licence – more attractive.
Lee Foulser works within the transport sector group at business law firm DWF
