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Motoring

Alcohol

How much alcohol can I drink and still be safe to drive?

Unfortunately many members of the public are unaware that it is an offence to drive or attempt to drive whilst their ability to do so is temporarily impaired through drink. Given that one unit of alcohol will significantly raise your chances of having an accident, your need to drive must be considered very carefully indeed.

Remember, you may still be unfit to drive in the evening after drinking at lunchtime or in the morning after drinking the previous evening.

Above all else you should remember that nearly one in seven of all deaths on the road involve drivers who are over the legal limit. Don't be one of them : don't drink and drive.

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Bad weather & road closures

The weather conditions are very bad; can you tell me what roads are open?

This information will be given out to local radio stations and should also be available on your television's Teletext and Ceefax, and through the motoring organisations. Please do not ring your local police station for this information as in the event of poor weather they are likely to be fully committed with road accidents, etc.

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Buying a second-hand car

I want to buy a second hand vehicle but know there are risks involved. What can I do to minimise those risks?

To minimise the risks, ask yourself the following questions:

  • Does the car advert tell you to call at specific times?
  • Is the contact number given in the advert for a mobile telephone?
  • Does the person selling the vehicle insist on bringing it to you for a viewing?
  • Can the seller produce a V5 (registration document)?
  • Does the V5 correctly describe the make, model, engine number, and colour of the vehicle?
  • Does the same key fit all locks?
  • If the windows of the vehicle are etched, is the etching number the same as that on the registration plate?
  • Is the VIN (Vehicle Identification Number) on the VIN plate (usually in the engine compartment) the same as that on the V5?
  • Is there a stamped-in number on the VIN plate? If so, is it clearly readable? If the VIN plate is missing or the number unclear, care should be taken to make further checks.
  • Can the engine number be clearly read?
  • Will the person selling the vehicle accept a cheque, even if on condition they hold the car until the cheque clears?
  • Does the seller appear familiar with the vehicle?
  • Is the seller happy for you to carry out a hire purchase check?

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Vehicle excise licence (tax disc)

In what circumstances do I have to display a tax disc?

Any 'mechanically propelled' vehicle used or kept on a public road must display a valid tax disc.

Are there any exemptions?

The following vehicles are exempt from displaying tax discs:

  • Fire engines
  • Ambulances
  • Some agricultural vehicles
  • Invalid carriages
  • Road construction vehicles
  • Vehicles used solely for spreading material to deal with frost, ice and snow.

In addition your vehicle will be exempt in the following circumstances:

  • Going to a test centre for a pre-booked MOT, stipulating the time and date
  • On an MOT test
  • After failing an MOT test, for the purpose of taking the vehicle to a pre-booked appointment at a garage to have the faults rectified

Note: Some old vehicles may be classed as vintage vehicles and although they are not exempt from having to display a tax disc, the disc is free of charge.

My tax disc is about to expire and I have not received my insurance certificate. The Post Office will not issue me with a new tax disc. Can you record that I have rung so I can drive the car until I get a new tax disc?

No, you cannot drive a car without a current tax disc.

My tax disc ran out last night. Can I drive it for 14-days until I get another one?

No, there is no 14-day period of 'grace' - you MUST display a valid tax disc.

My tax disc has been stolen. What should I do?

You can obtain a form to apply for a duplicate tax disc from a main post office. There is no exemption for driving a motor vehicle on the road because your excise licence has been stolen.

My vehicle will be kept "off the road" for a period of time. What should I do?

You should complete a SORN (Statutory Off Road Notification) declaration to inform the DVLA that your vehicle is being kept off road. The forms are available at Post Offices. If you fail to notify the DVLA that your vehicle is being kept off the road you may be liable to a fine and the DVLA may be able to claim the duty back to when your vehicle was last taxed.

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Road collisions

What should I do if I am involved in a collision?

This advice only refers to incidents where no one is hurt, or someone has suffered only minor injuries. If a collision involves serious injuries, you should dial 999 immediately.

If you are involved in a collision which results in damage to another vehicle or to any property, you must stop and give your details to anyone who has reasonable grounds for requesting them.

If you have been involved in a crash where no injuries have occurred, you need to exchange the following details with the other people involved:

  • Registration numbers of your vehicles
  • The details of the drivers involved
  • Details of the registered keeper if they are different from the driver.

If no one has been injured, and all the drivers involved are willing to exchange details, you do not have to report the matter to the police.

If the collision involves injury, you need to exchange the above details with the other drivers involved and provide details of your insurance. If you don't have these details available, you must report the accident to the police as soon as possible, and in any case within 24hours.

Finally, if you have been involved in a collision and did not think you were injured at the time but have subsequently developed some symptoms, you should report the matter to your local police station as soon as possible.

What will happen at the police station when I report the incident?

You will need to speak to a police officer to report the accident and you may have to wait until someone is available.

Will I have to make a statement?

While at the station, you may be asked to provide a statement giving your version of the incident. This does not automatically mean you will have to appear as a witness in criminal proceedings. Should that be necessary further written notification, in the form of a Witness Citation, will be served on you.

You will also be asked to provide your driving documents (Driving Licence, Insurance and MOT Test Certificate). Failure to produce any of these documents at that time or as soon as is reasonably practical thereafter may result in you being prosecuted.

What should I do if I have lost my driving licence?

You should collect the appropriate form from your local Post Office and apply to the DVLA for a duplicate.

What if the other driver isn't Insured?

If you suffer injury, loss or damage to your property as a result of a road accident, compensation will normally be payable under insurance arrangements.

Where the offender is untraced or uninsured, compensation may be available from the Motor Insurers' Bureau, 152 Silbury Boulevard, Central Milton Keynes MK9 1NG, Tel: 01908 830001, which can consider claims for:

  • Personal injury, loss, or damage to your property caused by an identified driver who is uninsured. This can include injury, loss, or damage caused by an identified driver of a stolen vehicle where the rightful owner is uninsured.
  • Personal injury (but not loss or damage to property) caused by an untraced driver.

If you should succeed in getting compensation from more than one source, the award may be reduced to avoid a double payment. You cannot receive compensation twice for the same accident from public funds. You need to be aware of this when claiming, whether you are claiming for yourself or for your insurance company. You cannot claim on insurance and also against an offender.

Where a stolen vehicle is insured by the rightful owner, claims for personal injury and property damage must be dealt with by the rightful owner's insurers.

Do I have to notify my insurance company?

Most. if not all, insurance policies state that the insured person must notify them of any accident in which they are involved, irrespective of whether or not a claim is to be made or whose fault it was. They will usually send you a motor accident report form to fill in and return.

Can I obtain the other drivers details from the police?

Wherever possible this information should be obtained from the other driver at the time of the collision. Because of Data Protection legislation there are constraints on the information the police can release about road accidents. If you are involved in a road accident being investigated by the police, you can request the following information from us:

  • The Accident File computer reference number
  • The Identification Number of the reporting officer
  • The Station at which the reporting officer is based

These details will allow your insurance company or solicitor to obtain information about the accident from the police.

Will the police prosecute in every case?

No, before a driver can be brought before the Court there must be evidence of Careless Driving or Driving Without Due Care and Attention. It would not be sufficient unless the circumstances involved more than a momentary lapse in concentration or misjudgment. In situations such as these the decision to prosecute is only made after the incident has been reported to the Procurator Fiscal.

After due consideration of all the circumstances, the Procurator Fiscal will then decide whether to institute court proceedings or not. If it is decided that there is to be 'No Proceedings' The Procurator Fiscal will notify you accordingly.

Will I be informed of the result of the police enquiry?

The Police Officer(s) will either warn you at the time that the circumstances will be notified to The Procurator Fiscal for consideration of a prosecution or you will be served a Notice of intended Prosecution.

I think the driver of another vehicle has been driving badly. What should I do?

If at any stage you have concerns over the behaviour of another driver, for example, if you think they have been driving while under the influence of alcohol or driving erratically, you should contact the police as soon as possible.

My car has been damaged. What will happen to it?

In the interests of road safety, damaged vehicles should be removed from the scene as quickly as possible. If necessary, the police will arrange for our Managed Vehicle Recovery Scheme Contractors to recover your vehicle from the roadside. If this is done you will be responsible for any charges. However, as an alternative you can elect to have your preferred garage attend, and if they can meet our call out time they will be used.

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Learner Drivers

When can learner drivers drive on the road?

Generally, unless the vehicle is a motorcycle or constructed so as to only carry the driver, all learner drivers MUST, when driving on the road:

  • Be accompanied by a full licence holder who is over 21 years of age and has held a full British or EEC Licence for that class of vehicle for a minimum 3 years (a Provisional Licence and 'pass slip' does not count).
  • The vehicle must also display "L" plates on the front and rear of the vehicle.

When should drivers use 'P Plates'?

Green "P" Plates are used to inform other members of the public that the driver has only recently passed their test and although they are not compulsory they are a good road safety measure.

What are the minimum ages for driving?

The following non-exhaustive should only be used as a rough guide.

16 Years

  • Mopeds
  • Small invalid carriages
  • Mowing machines
  • Some agricultural tractors
  • Some small cars or vans if in receipt of a Mobility Allowance

17 Years

  • Motorcycles and scooters (with or without sidecar)
  • Cars/Vans
  • Large agricultural tractors
  • Small road rollers
  • HGVs if armed forces

18 Years

  • Medium sized goods vehicles up to 7500kg gvw
  • Some large passenger vehicles under special circumstances
  • Some LGVs under special circumstances

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Parking on streets

What is the law relating to parking on streets?

Pavement parking

: It is an offence for any person to drive on or obstruct the footpath. However, to take enforcement action the police require evidence of the vehicle being driven.

Workmen parking

: Workers wishing to park on restricted areas to carry out work should contact the senior traffic warden at the relevant police station. The placing of objects on the road without the permission of the Roads Authority (relevant local council) may constitute an offence and is not a lawful method of restricting parking or reserving a parking place.

Parking at night

: During the hours of darkness, goods vehicles not exceeding 1525kg unladen weight, or passenger vehicles with less than eight passenger seats, excluding the driver, may be parked with their nearside to the kerb. However, in no case should the vehicle be parked within 10 metres of a junction.

Exceptions to parking nearside to the kerb at night are:

  • In a one-way street, in which case vehicles can park on either side of the road, if parking is allowed.
  • With the permission of, or directed by a police officer.

If a vehicle is parked on a road, which does not have a 30mph speed limit, parking lights must be used.
Any road which has street lighting no more than 185metres/200yards apart, unless otherwise shown, will be subject to a 30mph speed limit.

Goods vehicles

: A vehicle over 7.5 tonnes may park on the road provided:

  • It does not cause an obstruction or other offence.
  • Its lights are lit during hours of darkness

It is an offence for a goods vehicle over 7.5 tonnes to park on the verge of a road, a central reservation or footway, unless instructed to do so by a police officer as a result of an emergency or for unloading where there is no other place to unload and the vehicle is not left unattended at any time.

A relative has passed away and we would like to put no parking cones outside the house to assist the funeral cortege. Can you tell us how we go about arranging this?

Unfortunately our resources do not stretch to supplying cones for such situations, however, if the funeral is large and likely to cause traffic difficulties, a traffic warden can be utilised to assist the cortege. Contact your local police office to make such a request.

Someone has parked outside in the road outside my house and is blocking my driveway. I cannot get in or out. What can I do?

If the vehicle is causing an obstruction you should call your local police station and we will check whether the vehicle is stolen or not. If necessary we will send an officer.
Please note: In normal circumstances this is not an emergency and therefore it may take some time for the officer to attend. In the meantime, you may try to trace the owner of the vehicle by making local enquiries with your neighbours, etc.

Someone has parked on my land, what can I do?

As the vehicle is on private land, it is for you (or the owner of the land) to resolve the issue.
The following suggestions may help you:

  • Make local enquiries to see if you can trace the driver or get information about when the vehicle was left.
  • Seek legal advice from your solicitor or from your local Citizen's Advice Bureau.

Contact us again if you have further evidence or information, which suggests that there is now something suspicious about the vehicle.

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Penalty Points

What are penalty points?

Certain motoring offences can result in your driving licence being endorsed with penalty points. Penalty points remain valid for three years from the date of conviction, but remain on the licence for 4 years (11 years for drinking or drug offences).

Although the courts are given limited powers not to disqualify in exceptional circumstances, if 12 or more points are accumulated within any three-year rolling period the driver will be disqualified. After disqualification under the totting-up procedure the existing points will be removed from your licence but your licence will refer to the disqualification for 4 years (11 years for alcohol or drug driving offences).

How can I apply for the removal of penalty points?

A form to apply for removal of penalty points can be collected at a Post Office after four years have elapsed. This, in effect, allows you to apply for a 'clean' licence.

I have lost the note that requires me to produce my driving documents at a local police station. What should I do?

Given that the note is only a reminder to you to produce your documents at the station of your choice you remain under legal obligation to produce your documents within seven days of being requested to do so by the officer who gave you the form.

You must take all the documents you were asked to produce, i.e., Driving Licence, Insurance Certificate and MOT (Test Certificate), to the police station that you nominated at the time and explain the circumstances in which you were required to produce your documents. By doing so the recording officer will do his/her best to forward the relevant details to the officer concerned.

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Restrictions for motorcycles

What are the restrictions for riding motorcycles?

If you have a Provisional Motorcycle Licence, you must satisfactorily complete a Compulsory Basic Training (CBT) course. You can then ride on the public road, with "L" plates for up to three years.

During this time you must pass a motorcycle theory test followed by a practical test before you can obtain your full motorcycle licence. If you do not complete these tests within the three year period you will lose your licence for one year.

If you have a full car licence you may ride motorcycles up to 125cc and 11kw power output, with "L" plates on public roads, provided you first complete a CBT course.

If you have a full moped licence and wish to obtain full motorcycle entitlement but did not take a separate theory test when you obtained your moped licence you will be required to take a motorcycle theory test.

You must then pass a practical motorcycle test.

You must not carry a pillion passenger or pull a trailer until you have passed your test.

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Seat Belts

What is the law relating to seat belts?

The Highway Code gives the following advice:

  Front seat (all vehicles) Rear seat (cars and minibuses) Whose responsibility?
Driver Must be worn if fitted N/A Driver
Child under 3 years of age Appropriate child restraint must be worn Appropriate child restraint must be worn if available Driver
Child aged 3 - 11 and under 1.5m (approx 5') in height Appropriate child restraint must be worn if available. If not, an adult seat belt must be worn Appropriate child restraint must be worn if available. If not, an adult seat belt must be worn if available Driver
Child aged 12 or 13 or younger child 1.5 m or more in height Adult seat belt must be worn if available Adult seat belt must be worn if available Driver
Passenger over the age of 14 years Must be worn if available Must be worn if available Passenger

Are there any exceptions to the wearing of seat belts?

Whilst taxi drivers are exempt from wearing seat belts while on duty (whether they have a passenger or not), Private Hire taxi drivers are only exempt when carrying a fare-paying passenger.

Some of the most common exemptions for people who are 14 years and over are:

  • Delivery people such as milk float drivers
  • Motorists reversing
  • Emergency vehicle staff in certain circumstances
  • People holding a Medical Exemption Certificate (a seat belt Medical Exemption Certificate is only issued by a doctor)

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Speed cameras

A speed camera has flashed me. When will I know if I am going to be prosecuted?

If you are the Registered Keeper of the vehicle you will receive a Notice of Intended Prosecution within 14 days of the alleged offence. If you do not hear anything within this period it is unlikely that matters will proceed any further.

As the registered keeper you are required by law to complete the Notice of Intended Prosecution, giving details of the driver/rider at the time of the alleged offence. Failure to do so is an offence.

In due course the named driver will then receive a Copy Complaint issued by the Procurator Fiscal.

Can I see the photographic evidence?

You can request photographic evidence by post if you are disputing the vehicle was in the area, or if you are unsure who was driving at the time of the offence.

I recently sold my car but have still received notification of prosecution. Why?

As the previous owner it is your responsibility to notify the DVLA of any change in ownership of the vehicle.

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Speeding

What is the penalty for speeding?

If you receive a Fixed Penalty Ticket you will be required to pay a £60 fine and will have three points endorsed on your driving licence. If you go to court you will receive a fine up to £1,000 plus costs, and you could be disqualified from driving or your licence could be endorsed.

Will I have to go to court?

This depends on the speed detected and the status of your driving licence. If the speed was not excessive, in all probability you will not have to go to court provided you have less than nine points on your driving licence and you hold a current DVLA licence. However, you will have to go to court if you were travelling at excessive speed, if you have nine or more points on your driving licence or if you hold a foreign driving licence.

What are Fixed Penalty Tickets?

These are officially known as 'Fixed Penalty Notices' and are issued by Police Officers, or Traffic Wardens for parking offences committed on the road.

The ticket gives details of the offence, the penalty which is due, and where payment must be made.

I have lost the ticket, what should I do?

Write your vehicle registration number and the date of the offence on the back of the cheque and then send your payment to the Fixed Penalty Section at the Local Authority Office covering the area where the offence was committed.

How should I pay?

Either post a cheque to the address shown on the ticket or you can pay in cash - but you should not send cash through the post.

If I cannot pay, what will happen?

Legal proceedings may eventually result in you having to appear in court.

Can I appeal against the ticket?

You can either pay the Fixed Penalty or have the matter heard in court. If you have a complaint about the circumstances in which a Fixed Penalty Ticket was issued you may write to the Divisional Commander of the Division in which the ticket was issued.

What is the difference between a Fixed Penalty and a Conditional Offer of Fixed Penalty?

As the title infers the first is a definite course of action whereas the second system affords the driver the opportunity to choose there and then whether to accept the Conditional Offer or plead their case in court. In the main Fixed Penalty Notices are issued for Parking and other similar offences whereas Conditional Offers of Fixed Penalty are issued for a wide variety of moving traffic offences, some of which may result in a person's driving licence being endorsed with penalty points.

Can I appeal against a Conditional Offer of Fixed Penalty?

No, if you choose to accept a Conditional Offer of Fixed Penalty, the acceptance is an alternative to going to court and is final. The rear of the Conditional Offer has the following advice "No discussion, review or correspondence in relation to the facts of the case or associated matter can take place".

What happens if I do not pay?

If you do not pay the fine within 28 days you will be reported to the Procurator Fiscal for consideration of prosecution. Prosecution may lead to a substantial fine.

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