Penalty Points
If you acquire 12 points in a 3 year period then you become liable for disqualification under the 'totting-up' procedure; this will be a minimum 6 month period. Disqualification can be avoided if the court can be persuaded that you'll suffer "exceptional hardship". Please note that losing your job is not necessarily considered to be exceptional hardship! There are additional details about the different types of disqualification and their implications on our Disqualification page.
Penalty points count toward totting-up for 3 years, but they are not actually removed from your driving licence for another year, so they stay on your licence for 4 years. The date that counts for the purpose of totting-up is the date of the offence, not the date that the points were actually put on to your licence.
Maximum fines at present levels
The maximum fine that can be imposed by Magistrates' Courts for a particular offence is set at one of five levels. The actual fine imposed must be no more than this maximum, is based on the offender's "relevant weekly income", and will fall within a Band depending on the circumstances of the case. For speeding offences there is some more detail about relevant weekly income on the Magistrates' Guidelines page.
|
Level |
Maximum fine |
|
Level 1 |
£200 |
|
Level 2 |
£500 |
|
Level 3 |
£1,000 |
|
Level 4 |
£2,500 |
|
Level 5 |
£5,000 |
Magistrates' guidelines for motoring offence penalties
The guidelines used by Magistrates' Courts in deciding on the penalties they impose are specified in detail in the Magistrates' Court Sentencing Guidlines published by the Sentencing Guidelines Council. The magistrates can deviate from the guidelines, but if they do they must explain their reasons. The information here is summarised from the 15 July 2008 update, which became effective on 4 August 2008.
|
Offence |
Penalty |
Maximum Penalty |
|
Speeding |
||
|
Exceeding speed limit |
3 - 6 |
Level 3 E (Level 4 E if on a motorway) |
|
RTA Section 172 |
||
|
Failing to give information of driver's identity |
6 |
Level 3 E |
|
Accident |
||
|
Failing to stop/report road accident |
5 - 10 |
Level 5 E and/or 6 months prison |
|
Alcohol/Drugs |
||
|
Excess alcohol (drive/attempt to drive) |
|
Level 5 D and/or 6 months prison Note 1 |
|
Excess alcohol (in charge) |
10 |
Level 4 E and/or 3 months prison Note 1 |
|
Fail to provide specimen for analysis (drive/attempt to drive) |
|
Level 5 D and/or 6 months prison Note 1 |
|
Fail to provide specimen for analysis (in charge) |
10 |
Level 4 E and/or 3 months prison Note 1 |
|
Unfit through drink or drugs (drive/attempt to drive) |
|
Level 5 D and/or 6 months prison Note 1 |
|
Unfit through drink or drugs (in charge) |
10 |
Level 4 E and/or 3 months prison Note 1 |
|
Failing to cooperate with preliminary (roadside) breath test |
4 |
Level 3 E |
|
Defects |
||
|
Steering defective |
3 |
Level 4, but for goods vehicles Level 5 |
|
Brakes defective |
3 |
Level 4, but for goods vehicles Level 5 |
|
Tyres defective |
3 |
Level 4, but for goods vehicles Level 5 |
|
Directions |
||
|
Fail to comply with police constable directing traffic |
3 |
Level 3 |
|
Fail to stop when required by police constable |
- |
Level 5 (mechanically propelled vehicle) |
|
Fail to comply with traffic sign (eg red traffic light, stop sign, double white lines, no entry sign) |
3 |
Level 3 |
|
Fail to comply with traffic sign (eg give way sign, keep left sign, temporary signs) |
- |
Level 3 |
|
Disqualified |
||
|
Driving whilst disqualified by court order |
6 |
Level 5 E and/or 6 months prison |
|
Documents |
||
|
Fail to produce insurance certificate |
- |
Level 4 |
|
Fail to produce test certificate |
- |
Level 3 |
|
Fail to notify change of ownership to DVLA |
- |
Level 3 |
|
Driving |
||
|
Death by careless or inconsiderate driving |
|
Level 5 D and/or 6 months prison (summary trial) 5 years prison (on indictment) Note 1 |
|
Death by driving: unlicensed, disqualified or uninsured drivers |
|
Level 5 D and/or 6 months prison (summary trial) 2 years prison (on indictment) |
|
Dangerous driving |
|
Level 5 D and/or 6 months prison Note 1 |
|
Careless driving (drive without due care and attention) |
3 - 9 |
Level 5 E |
|
No insurance |
||
|
Insurance |
6 - 8 |
Level 5 E |
|
Licence offences |
||
|
Driving otherwise than in accordance with licence |
3 - 6 |
Level 3 |
|
Driving otherwise than in accordance with licence (where could be covered) |
- |
Level 3 |
|
Lights |
||
|
Driving without lights |
- |
Level 3 |
|
Taken vehicles |
||
|
Aggravated vehicle taking |
|
Level 5 must disqualify at least 12 months and/or 6 months prison |
|
Taking vehicle without consent |
|
Level 5 may disqualify and/or 6 months prison |
|
Carried in vehicle |
|
Level 5 may disqualify and/or 6 months prison |
|
Tax |
||
|
No excise licence |
- |
Greater of Level 3 or 5 times annual duty |
|
Test certificate |
||
|
No test certificate |
- |
Level 3 |
- D Must disqualify at least 12 months (unless special reasons) and endorse
- E Must endorse (unless special reasons) and may disqualify
Note 1: Extended disqualification periods apply to some offences for repeat offenders.
Information
Page updated: 1 Aug 2008
