BUSINESS drivers could soon be issued with a £60 on-the-spot fine and three penalty points under plans being considered by the government to reduce bureaucracy.
However, innocent business drivers could be forced into accepting on-the-spot fines and penalty points without considering the longer term implications, suggests motoring lawyer Julie Robertson.
“This latest move to give the police more powers comes on the back of their power to issue fixed penalties for speeding and more recently driving without insurance.
“Both these offences are quite straightforward. However driving without due care is open to interpretation,” commented Robertson from Stephensons Solicitors.
“Driving without due care covers a wide range of situations. It could be applied to a driver who clips the wing mirror of a nearby car while reversing out of a car parking space, which could be said to be a trivial low level mistake. More serious breaches could include driving into the rear of the car in front.
“By accepting on-the-spot fines, drivers’ insurance premiums will rise. But there are also other factors to consider. Old driving convictions can now be taken into account if, as a victim of a serious crime in the future, the driver is entitled to compensation. Driving convictions can reduce the level of compensation.
Robertson cautions that drivers should seek legal advice before accepting such on-the-spot fines. “The penalty could be challenged, saving points on the licence and future unknown costs.”
The Magistrates Association has also criticised the plan, saying “this is a proposal that places the convenience of the police above what is right in principle, may coerce innocent drivers into accepting a fixed penalty, and is certain to downgrade careless driving in terms of offence seriousness”.
The new proposals for careless driving
- Police to issue fines for any careless driving offence
- An on-the-spot fine of £60 and three penalty points
- Points would increase insurance premiums
- Appealing a fixed penalty fine by going to court would risk a higher number of penalty points or disqualification and a higher fine
New method of on-the-spot fines and penalties
