Legal Advice - Motoring

ALCOHOL

How much alcohol can I drink and still be safe to drive?
You MUST NOT drive with a breath alcohol level higher than 35mg/100ml or a blood alcohol level of more than 80mg/100ml. However, due to many different factors, we would advise the only safe limit is NOT to drink at all when you have to drive. Remember, you may still be unfit to drive in the evening after drinking at lunchtime or in the morning, after drinking the previous evening.

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. Please do not ring your local police station to try to obtain this information. In the event of poor weather they are likely to be stretched dealing with road accidents, etc.

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 what model, make, engine number and colour the vehicle is?
Does the same key fit all locks?
If the windows of the vehicle are etched, is the etched number the same as that on the registration plate? (Note: click 'Yes' for no etched windows)
Is the VIN number the same on the VIN plate (usually in the engine compartment) as that on the V5 or is there no VIN plate fitted?
Is there a stamped-in number on the VIN plate? If so, is it clearly readable?
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?

CAR TAX

In what circumstances do I have to display a tax disc?
Any ‘mechanically propelled’ vehicle when 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
Electrically propelled vehicles
Invalid carriages
Road construction vehicles
Vehicles used solely for spreading material to deal with frost, ice and snow.

Vehicles are also exempt ONLY when:

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 car tax is about to expire and I have not received my insurance certificate. The Post Office will not issue me with a new road fund licence. Can you make a 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 road fund licence

My road fund licence ran out last night. Can I drive it for 14 days until I get another one?
No. There is no 14 day ‘grace’ – you must have a valid road fund licence.

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 – in this case an offence of failing to display is committed.

DETAILS OF OTHER PARTIES

Can you obtain details of other parties?
Yes - if details have been recorded these can be obtained free of charge over the telephone from the appropriate Administration of Justice Department.

However, details of witnesses will not be disclosed. Once the case has been finalised, a full copy of the report can be obtained for a fee, but this is usually arranged by insurance companies or solicitors. You should allow a few days to elapse before contacting the Administration of Justice Department, as it may take some time for the report to reach them.

IN A ROAD COLLISION

What should you do if you are involved in a collision?
This advice only refers to crashes 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:

The registration numbers of your vehicles
The details of the drivers involved and
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 don’t 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 – but also 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, but in any case within 24 hours.

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 again report the matter to your local police station as soon as possible.

What will happen at the police station when I report the incident?
At the police station a member of staff will help you fill in a report of the collision. If you need to speak to a police officer you may have to wait until someone is available. While at the station, you may be asked to write a statement giving your version of the incident.

I think the driver of another vehicle has been drinking. 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 over the legal alcohol limit 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 may call a garage to recover your vehicle from the roadside. If this is done, any charges are payable by the owner of the vehicle. You can elect your own garage or the police will call the nearest garage.

LEARNER DRIVERS

When can learner drivers drive on the road?
Generally, unless the vehicle is a motor cycle or constructed so as to only carry the driver, all provisional driving licence holders 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 the class of that 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 may be displayed on a vehicle by a person who has recently passed their driving test. They are not obligatory.

What are the minimum ages for driving?
The following list is not exhaustive and is only 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

Some small goods vehicles
Some large passenger vehicles under special circumstances
Some HGVs under special circumstances

LOST DRIVING LICENCE

What should I do if I have lost my driving licence?
You should contact the DVLA urgently for a duplicate. Failure to produce your driving licence will result in the matter being dealt with by the magistrates court

I have a question about my driving licence which was seized. Who do I need to contact?
Any queries relating to driving licences which have been taken from a driver by a police officer or a court in relation to endorsable offences should be directed to: The Clerk to the Justices of the court whose area covers the location of the offence.

MAKING A STATEMENT

Will I have to make a written statement?
You may be asked to make a written statement but you will usually, where cases are being considered for prosecution, be sent a statement to fill in yourself. This does not automatically mean you will have to appear as a witness in criminal proceedings. Further written notification will be given to you should that be necessary.

NO INSURANCE

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 in two or more ways from a criminal court and through the Criminal Injuries Compensation Scheme or the Motor Insurers' Bureau, the award may be reduced to avoid a double payment. You cannot receive compensation twice for the same thing 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. In these cases, details of a vehicle's ownership may be obtained from the police.

NOTIFYING THE INSURANCE COMPANY

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.

PARKING ON STREETS

What is the law relating to parking on streets?

Pavement Parking

It is an offence for a person, without lawful authority or excuse, to wilfully obstruct the passage along the highway. This applies to vehicles obstructing pavements and would normally be dealt with by a Fixed Penalty Notice.

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 buckets, barrows and ladders in the road to reserve a parking space may constitute an obstruction of the highway and is not a lawful method of restricting parking or reserving a parking place.

Parking at Night

During the hours of darkness, vehicles which are goods vehicles no more than 1525kg unladen weight or passenger vehicles with less than eight passengers, excluding the driver, may be parked with their near side to the kerb. The vehicle cannot 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 have not a 30mph speed limit, parking lights must be used.

Any road which has street lighting no more than 200 yards apart, unless otherwise shown, will be a 30mph speed limit.

Goods Vehicles

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

It does not cause an obstruction or other offence
Its lights are lit during the 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.

PARKING OUTSIDE YOUR HOME

Someone has parked outside on 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 us on (01473) 613500 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, try to trace the owner of the vehicle by making local enquiries with your neighbours, etc.

PARKING ON PRIVATE LAND

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.
You may be able to arrange for its removal by contacting the local authority. There may be a charge for this service which you could claim from the owner if he or she can be traced.
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.

PENALTY POINTS

What are penalty points?
Certain motoring offences can result in endorsement of your driving licence with penalty points.

Penalty points last thee years from the date of the offence, but remain on the licence for 4 years (11 years for drinking or drug offences).

If 12 or more points are accumulated within 3 years the driver will be disqualified, however the courts are given limited powers not to disqualify in exceptional circumstances.

The three year term is measured from the date that the latest offence was committed.

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, gives you a ‘clean’ licence.

PRODUCING DRIVING DOCUMENTS

I have lost the note that requires me to produce my driving documents at a local police station. What should I do?
You are under a 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 (driving licence, insurance certificate and MOT certificate), to the police station that you nominated at the time. When you attend the police station, you will need to tell the person in the front office the time, date and location where you were stopped.

SPEED CAMERAS

I have been flashed by a speed camera. When will I know if I am going to be prosecuted ?
The registered keeper of the vehicle will receive a Notice of Intended Prosecution within 14 days of the alleged offence. If the keeper hears nothing within 14 days it is unlikely to go to court.

The registered keeper is required by law to complete the Notice of Intended Prosecution, giving details of the driver/rider at the time of the alleged offence.

The person named will then receive a summons to court in due course.

SPEEDING

What is the penalty for speeding?
If you receive a fixed penalty ticket you will pay a £60 fine and have three points 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. You will not have to go to court if you have less than nine points on your driving licence, the speed was not excessive and if you hold a current DVLA licence. 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 if it wasn’t me who was driving?
As the registered owner of the car you are required to provide the full name and address of the driver at the time of the alleged offence. Failure to do so is an offence.

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?
It is your responsibility as the previous owner to notify the DVLA of any change in ownership of the vehicle.

SPEEDING AND PARKING TICKETS

What are Fixed Penalty Tickets?
Fixed Penalty Tickets are issued by police officers and traffic wardens.

They are either non-endorsable (white) for offences involving matters such as parking or seat-belts, or endorsable (yellow) for offences such as speeding or parking on zig-zags or double-yellow lines.

The back of the ticket explains what action should be taken and where and how to pay the fine.

I have lost the ticket, what should I do?
Send your payment to the Fixed Penalty Office at the magistrates’ court which covers the area where the offence was committed. Write your vehicle registration number and the date of the offence on the back of the cheque.

How should I pay?
Either post a cheque to the Fixed Penalty Office, or with a credit card by phoning the local Fixed Penalty Office at your local magistrates court. You can also pay in cash - but should not send cash through the post.

If I cannot pay, what will happen?
The matter may be processed against you and may eventually result in a summons to appear in court.

Can I appeal against the ticket?
You can either pay the fine or take the matter to court. If you feel a fixed penalty ticket has been incorrectly issued to you, you should complete Part Three of the reverse of the ticket and attach a letter of mitigation. The issue of the ticket will be considered and a reply given.