A1) There are different speed limits for cars, vans, Heavy Goods Vehicles (HGVs) and towing vehicles on different types of roads and you must not drive faster than the speed limit for the road and your type of vehicle.
Details of the national speed limits can be viewed here.
It should be noted that local councils may set their own speed limits in areas where there is a particular need. For example, there could be a 20 mph zone in a built-up area near a school or a 50 mph (rather than 60 mph) speed limit on a stretch of road with sharp bends. Local limits must be clearly signed.
A2) In 2019, 50 per cent of cars and 49 per cent of vans exceeded the speed limit on motorways in free flow conditions. 12 per cent of cars and 13 per cent of vans exceeded the speed limit by 10 mph or more in free flow conditions. Compliance with the speed limit on motorways by articulated HGVs in 2019 was very high, with only 1 per cent of vehicles exceeding the speed limit.
Across all road types in free flow conditions, the highest level of speed limit compliance for cars in 2019 was on national speed limit single carriageways with 9 per cent of cars exceeding the speed limit (60 mph). For other classes of vehicles, compliance with speed limits on this type of road is lower with 36 per cent of short buses (under 12m), 34 per cent of rigid HGVs and 27 per cent of articulated HGVs exceeding the speed limit.
54 per cent of cars and 55 per cent of vans exceeded the speed limit on 30 mph roads in free flow conditions. For the larger-sized vehicle types, there were also high levels of speed limit exceedance, with 47 per cent of rigid HGVs, 44 per cent of articulated HGVs and 37 per cent of short buses exceeding the speed limit in free flow conditions.
For 20 mph roads, the statistics come with a warning that the ‘free flow’ 20 mph sites in this data set will tend to be unrepresentative of 20 mph limits in general. With that proviso, vehicle speeds on 20mph roads in the sample reflect patterns seen on other roads types for each vehicle class – HGVs and buses saw greater speed compliance than cars, vans and motorcycles. Under free flow conditions 86 per cent of cars exceeded the speed limit at the 20mph sites; 20 per cent exceeded the speed limit by more than 10 mph.
A3) The law is the law and police forces have the right to penalise anyone who is breaking the speed limit. However, the Crown Prosecution Service (CPS) previously quoted the following guidance from the Association of Chief Police Officers (ACPO) (now superseded by The National Police Chiefs Council (NPCC)), though that guidance is no longer available either on the CPS website nor is it on the NPCC website.
The revised speed enforcement policy guidance issued by ACPO in 2013 suggests that enforcement will normally occur when a driver exceeds the speed limit by a particular margin. The particular margin is normally 10 per cent over the speed limit plus 2 mph. The guidance sets guidelines for when it would be appropriate to issue a fixed penalty notice or for the driver to attend a speed awareness course, and when it becomes appropriate to issue a summons. These are guidelines only and a police officer has discretion to act outside of them providing he acts fairly, consistently and proportionately.
In summary the guidelines are:
Speed limit: 20 mph
ACPO threshold for:
- a fixed penalty or a Speed Awareness course: 24 mph
- summoning: 35 mph
Speed limit: 30 mph
ACPO threshold for:
- a fixed penalty or a Speed Awareness course: 35 mph
- summoning: 50 mph
Speed limit: 40 mph
ACPO threshold for:
- a fixed penalty or a Speed Awareness course: 46 mph
- summoning: 66 mph
Speed limit: 50 mph
ACPO threshold for:
- a fixed penalty or a Speed Awareness course: 57 mph
- summoning: 76 mph
Speed limit: 60 mph
ACPO threshold for:
- a fixed penalty or a Speed Awareness course: 68 mph
- summoning: 86 mph
Speed limit: 70 mph
ACPO threshold for:
- a fixed penalty or a Speed Awareness course: 79 mph
- summoning: 96 mph
A4) Yes. Analysis of Home Office figures has revealed large differences between the police forces of England and Wales in the way they enforce speed limits and dispose of speeding cases, with the number of drivers being detected for speeding more than 225 times higher in some parts of England and Wales than others.
The figures show that 2,386,780 speeding offences were detected in England and Wales in 2018-19, a 4 per cent rise on 2017-18 when the number stood at 2,292,534. However, the analysis also shows that whilst West Yorkshire topped the list with 181,867 people caught speeding in 2018-19 (followed by Avon and Somerset (159,210) and the Metropolitan Police, including City of London (157,494)), at the other end of the scale Wiltshire Constabulary caught only 807 people speeding, Cleveland 11,937 and Derbyshire 12,256.
The variations across police forces will in part be down to geographical area, road type and traffic volume but they will also be created by local policing priorities. In Wiltshire, for example, all speed cameras were turned off in 2010.
There were also large variations in the way offenders were punished, with the proportion of speeding offenders sent on a speed awareness course showing widespread regional variation. For example, in North Yorkshire, Nottinghamshire and Wales (excluding North wales) less than 1 per cent of offenders were sent on a speed awareness course whereas at the other end of the scale 60 per cent of offenders detected in Cleveland were sent on a course.
Detailed figures for all constabularies in England and Wales can be viewed here.
A5) The National Driver Offender Retraining Scheme allows Chief Constables to offer eligible offenders who admit the offence of speeding an opportunity to attend a speed awareness course on the effects and dangers of speeding as an alternative to a speeding fine and penalty points.
The courses aims to influence the attitudes and behaviour of drivers by directly challenging attitudes towards speeding, offering motorists insight, awareness and understanding about their speed choices, and helps equip participants to change their behaviour.
A6) In 2019, the number of drivers that opted to attend a National Driver Offender Retraining Scheme speed awareness course rather than accept penalty points on their driving licence was 1,282,698. This is a record high.
Attendance on speed awareness courses increased yearly from 2010 to 2015, due to increasing numbers of police forces joining the scheme over this time and not solely to trends in offences being committed. From 2016 – 2018, the number of people attending a course was largely unchanged. However, the figure for 2019 is about 8 per cent higher than the 1,186,536 drivers who attended a course in 2018.
A7) No. There are big differences in what drivers can expect to pay for Speed Awareness Courses depending on where they live.
The costs of attending a Speed Awareness Course can be viewed here. The figures show that speeding motorists attending courses in Cleveland and Durham paid £75, while those attending in Humberside paid 27 per cent more (£95).
Police forces are permitted to claim a maximum of £45 from the course cost to cover fees associated with administering the courses.
A8) In a study commissioned by the Department for Transport and carried out by Ipsos MORI, it was found that targeting the behaviour of motorists through these courses reduced the likelihood of re-offending within six months by up to 23 per cent. The report also concluded that over a period of three years, taking part in the course was more effective at reducing speed re-offending than a fine and penalty points.
A9) Yes. There are a range of courses run under the auspices of the National Driver Offender Retraining Scheme.
These include Safe and Considerate Driving Courses aimed at drivers who have been involved in a collision without serious consequences, where their driving has amounted to a lapse of concentration or an error of judgement and a National Motorway Awareness Course for motorists driving on motorways, who have been detected exceeding the active variable speed limit or who have passed through a mandatory Red X lane closure signal or committed infringements occurring on hard shoulders and emergency refuge areas.
A full list of the available courses can be viewed here.
A10) About 11.8 million road users have completed a driver retraining course since their introduction in 2010.
In 2019, 1.49 million people accepted a place on one of the seven courses sometimes offered by police as an alternative to a fine and points for more minor offences.
This data suggests that, astonishingly, as many as one in four drivers has now been sent back to the classroom for breaking road traffic law
A11) More than 250 miles of roads in Great Britain are now being regularly monitored by average speed cameras.
Research carried out for the RAC Foundation by Road Safety Analysis in May 2016 identified at least 50 stretches of road which are permanently managed by the cameras with a total length of 256 miles under observation. Average speed cameras are also often used on a temporary basis to manage traffic through roadworks but these are not included in this study.
The 50 stretches range in length from just a quarter of a mile over Tower Bridge in London to 99 miles on the A9 between Dunblane and Inverness in Scotland.
A12) The use of average speed cameras has been found, on average, to cut the number of crashes resulting in death or serious injury by more than a third.
Research for the RAC Foundation by Road Safety Analysis found that on average – having allowed for natural variation and overall trends – the number of fatal and serious collisions decreases by 36 per cent after average speed cameras are introduced.
The average reduction in personal injury collisions of all severities was found to be 16 per cent.
A13) In November 2010 the RAC Foundation published a report – The Effectiveness of Speed Cameras: A review of evidence – into the effectiveness of speed cameras by Professor Richard Allsop of University College London. Amongst the main findings were that national decommissioning of speed cameras could result in about 800 extra people across Britain being killed or seriously injured each year at that time.
In 2011, government instructed that speed camera data going back to 1990, detailing accident statistics before and after fixed speed cameras were installed, should be made publicly available. The RAC Foundation commissioned work, which was carried out once again by Professor Allsop, to provide advice on interpreting this speed camera data. Overall, this new work – Guidance on Use of Speed Camera Transparency Data – reinforces the conclusions in the earlier report but also identifies a number of camera sites in the vicinity of which collisions seem to have risen markedly.
Analysis of the data in this work for 551 fixed speed cameras in 9 areas shows that on average the number of fatal and serious collisions in their vicinity fell by more than a quarter (27%) after their installation.
There was also an average reduction of 15% in personal injury collisions in the vicinity of the 551 cameras.
The estimates for collision reduction were made allowing for the more general downward trend in the number of collisions in the 9 areas in recent years, and for the effect of regression to the mean at sites where collision numbers were unusually high in the period before the cameras were installed.
However the research also highlights 21 camera sites (in these areas) at which, or near which, the number of collisions appears to have risen enough to make the cameras worthy of investigation in case they have contributed to the increases.
A14) According to information published by the Press Association in November 2017, only around half of the fixed speed cameras on British roads are switched on. In Scotland, less than 29% of fixed cameras are switched on.
The Press Association sent a Freedom of Information (FoI) request to all 45 police forces in the UK and their speed camera partnership. The 36 forces which responded with data had a total 2,838 cameras, of which 1,486 were active. Nine refused to disclose the information or failed to respond.
Cleveland, Durham, North Yorkshire and Northamptonshire said none of their fixed speed cameras were active.
All of the police forces that responded to the FoI request said they regularly sent out mobile speed cameras across their jurisdictions. Figures from these cameras were not included in the disclosures.
A15) Over the past decade, the number of roads policing officers has decreased substantially. While the total number of police officers fell by around 13 per cent since 2010, the number of dedicated roads policing officers fell by 22 per cent from 5,634 to 4,355 between the years 2010 and 2014.
Since 2015, statistics appear to show the number of roads policing officers increased. However, this is not the case. In 2015 the Home Office replaced the old functions framework, meaning police functions data for 2015 and beyond cannot be compared to data collected under the old framework. Between the years 2015 and 2019, there was actually a further reduction in the number of roads policing officers of 18 per cent from 5,220 to 4,276.
In 2019, dedicated roads policing officers made up only around 4 per cent of total force strength. Furthermore, of those dedicated officers, many are often “double-hatted” – responsible for carrying out other functions within the force which often take priority.
A further briefing note by Roadpeace on the decline in roads policing officers can be viewed here.
A16) Those who break the law by driving dangerously pose a considerable threat to other road users and remain responsible for a substantial loss of life on the roads. Evidence shows that improved enforcement can significantly reduce the number of fatal and serious injuries and it is clear that there is a relationship between roads policing and road safety – more enforcement tends to improve compliance, and to reduce collisions and casualties.
Since 2010, the long-term decline in the number of road deaths and serious injuries has largely ceased. It is widely suggested that this is at least partly due to reductions in roads policing as enforcement of traffic laws – in well-targeted operations, by combinations of trained officers and technology – does indeed improve compliance and reduce casualties. As the number of dedicated roads policing officers has fallen, so too has the number of motoring offences detected, precipitously so for some offences such as failure to wear a seat belt. Only for speeding, where enforcement has largely been automated, has there been an increase.
Active roads policing can also help reduce wider crime. Evidence shows that there is an above-average likelihood that – when compared with the general population – serious motoring offenders may also be engaged in wider criminality. For example, the Motor Insurers’ Bureau records show that drivers without insurance are more likely to be involved in other crimes, and that uninsured vehicles are consistently used to conduct wider criminal activity. Disruption of the mobility of serious motoring offenders may therefore have benefits beyond road safety.
A17) Possibly. A report by Her Majesty’s Inspectorate of Constabulary and Fire and Rescue (HMICFRS) published in July 2020 concluded that roads policing and the contribution that it makes to overall road safety is a central function of the police. However, the report also found that the importance of roads policing has diminished in recent years and that there is an absence of effective strategies, both nationally and locally, resulting in an approach that is inconsistent and, in some forces, inadequate. In the light of those findings, the report made 13 recommendations designed to improve the effectiveness of roads policing in England and Wales.
In addition, the Department for Transport has instituted a roads policing review. This review is being undertaken with the Home Office, the National Police Chiefs’ Council and other agencies. The review seeks to identify which current enforcement methods work best plus how the capability and capacity of enforcement services can be enhanced.
The response of the RAC Foundation to this review can be viewed here.
A18) The latest estimates from the Motor Insurers’ Bureau are that there are around 1 million uninsured drivers on the UK roads.
A19) Analysis carried out by Churchill Insurance in 2017 shows that East London has the highest number of uninsured vehicles in the UK as a percentage of all vehicles in the area. The research shows that 13.4 per cent of vehicles in this area have no insurance. This means that if a motorist was involved in an accident with a car in this area there is a one in eight chance the other vehicle would not be insured.
Five of the top ten UK uninsured vehicle hotspots, as a percentage of vehicles in the area, are located in London. Other areas which make the top ten include Liverpool, Bradford, Manchester, Ilford and Oldham At least one in 15 vehicles in each area in these top ten uninsured vehicle hotspots is uninsured. This means drivers involved in an accident in each of these areas face the significant risk of finding the other driver has no legal or financial protection.
In absolute terms, the highest number of uninsured vehicles in the UK is estimated to be located in Birmingham. The UK’s second city is estimated to be home to 55,142 uninsured vehicles. Manchester (37,167), East London (34,436), Belfast (30,504) and Liverpool (27,364) also rank in the top five for the highest number of uninsured vehicles.
Source: Churchill Insurance
A20) You must have motor insurance to drive your vehicle on a UK road and a wide range of measures are in place to prevent and enforce against uninsured drivers.
In 2011, the Government introduced the Continuous Insurance Enforcement (CIE) rules. These rules require all vehicles to either have valid motor insurance, or if a vehicle is not being used, to be registered with a Statutory Off Road Notification (SORN) at the DVLA. Under the CIE scheme, the Motor Insurers’ Bureau (MIB) and DVLA work in partnership to continuously identify uninsured vehicles by systematically comparing DVLA vehicle records against motor insurance policies held on the Motor Insurance Database (MID).
The registered keeper of a vehicle that appears to be uninsured will be sent an Insurance Advisory Letter (IAL). This letter will advise them that their vehicle appears to be uninsured and that unless they take action, they will receive a penalty from the DVLA. If, after receiving an IAL, a registered keeper fails to comply with the advice set out in the letter they can face:
- A fixed penalty notice of £100
- Their vehicle being clamped, seized and disposed of
- A court prosecution and a maximum fine of £1000.
In addition, the police use Automatic Number Plate Recognition (ANPR) to identify vehicles that appear to be uninsured. If a member of the public denies that their vehicle is uninsured, a police offer can liaise with Police Helpline Agents at the MIB to confirm whether a valid insurance policy is in place. The police have the power to seize any uninsured vehicle being used on a public road. There is a £150 removal charge for cars and light vans and a £20 per day storage charge. Vehicles not reclaimed after 14 days are disposed of by the police.
The police will also give drivers a fixed penalty of £300 and 6 penalty points if they are caught driving a vehicle they are not insured to drive. Alternatively, if the case goes to court, an uninsured driver could also get an unlimited fine or be disqualified from driving and receive up to 8 points on their licence.
A21) In 2019, over 137,000 vehicles were seized across the UK because they had no insurance, with London, Birmingham, Manchester and Bradford among the worst affected areas.
This is a slight increase over the 132,804 uninsured vehicles seized across the UK in 2018.
Source: Motor Insurers’ Bureau
A22) Motor Insurers’ Bureau data showed that in January 2020, more than 2 million uninsured vehicles had been seized since powers to stop and seize uninsured vehicles were introduced in 2005.
Source: Motor Insurers’ Bureau
A23) A Fixed Penalty Notice (FPN) is a prescribed financial penalty issued to a motorist as an alternative to prosecution. They can be issued for a limited range of motoring offences, such as speeding offences and using a hand-held mobile phone while driving. An FPN can be endorsable (accompanied by points on a driving licence) or non-endorsable (not accompanied by points on a driving licence).
In 2018, 2,482,956 FPNs (excluding those subsequently cancelled) were issued for motoring offences by the police in England and Wales (including police employed traffic wardens). This represents an increase of 3.8 per cent compared with the previous year. (Please note that this figure includes cases where a driver retraining course, such as a speed awareness course, was attended by the individual, as well as cases where an individual faced court action).
Of the 2.5 million motoring offences recorded in 2018 which resulted in an FPN or another outcome:-
- 882,660 cases resulted in the driver receiving an endorsable FPN (36 per cent);
- 116,816 cases resulted in a non-endorsable FPN (5 per cent);
- A driver attended a drive retraining course in 1,112,399 cases (45 per cent); and
- 371,081 cases resulted in court action (15 per cent).
The number of endorsable FPNs issued has remained fairly stable in recent years. However, the number of non-endorsable FPNs had fallen year-on-year from 2011 to 2017 although there was a small increase in the latest year from approximately 115,600 in 2017 to 116,800 in 2018.
Over four-fifths (85 per cent) of the motoring offences recorded were for speed limit offences (2,105.409), up 1 percentage point on the previous year (2,013,830). The number of speed limit offences has increased gradually year-on-year since 2011, and now stand at the highest level recorded. The majority (97 per cent) of speed limit offences were camera-detected in 2018, up one percentage point on the previous year
Careless driving offences (excluding the use of hand-held mobile phone while driving) saw the largest increase (in percentage terms) of 20 per cent in 2018 compared with the previous year (from 15,334 to 18,467). Seat belt offences saw a 17 per cent increase from 18,467 to 21,626. Use of a hand-held mobile phone fell by 27 per cent from 52,993 offences to 38,601. This may reflect changing police priorities and activities.
A24) Yes. From 16 August 2013, careless drivers who put other road users at risk by committing offences such as tailgating or poor lane discipline face on-the-spot penalties.
See the DfT Press Notice for further information.
Over the two year period from August 2013 – when this measure was introduced – until August 2015, 17,468 people have been convicted of careless driving offences. (The figures come from a Freedom of Information request by the Institute of Advanced Motorists (IAM) to every police force in England and Wales. Some 33 out of 43 police forces responded to the IAM’s request).
A25) The number of defendants prosecuted for motoring offences in England and Wales increased by 1 per cent from 704,000 in 2018 to 711,000 in 2019, with convictions and sentences both remaining stable at 631,000. Just over half (51 per cent) of defendants prosecuted for motoring offences in 2019 were prosecuted for speed limit and vehicle insurance offences. The conviction ratio for all motoring offences was at 89 per cent in 2019, a slight decrease from the 90 per cent ratio in 2017 and 2018, which was the highest in a decade.
An increase in the number of defendants prosecuted was seen in “Driving a motor vehicle with the proportion of specified controlled drug above specified limit” (a 19 per cent increase, from 10,200 in 2018 to 12,100 in 2019); “Other offences related to drink- or drug-driving” (a 12 per cent increase, from 10,200 in 2018 to 11,400 in 2019); and “Vehicle test offences” (an 11 per cent increase, from 4,000 in 2018 to 4,400 in 2019).
There were a few notable annual decreases in prosecutions for specific offences including:- “Neglecting road regulations (other than speeding)” (a 21 per cent decrease, from 21,600 in 2018 to 16,900 in 2019); “Using or causing others to use a handheld mobile phone whilst driving” (a 16 per cent decrease, from 13,500 in 2018 to 11,400 in 2019); and “Theft of a motor vehicle / aggravated vehicle taking” (an 11 per cent decrease, from 4,600 in 2018 to 4,100 in 2019).
Sentencing trends for motoring offences have remained broadly stable, with an overall custody rate of 1 per cent. Where an offender was sentenced to immediate custody, the average custodial sentence length in 2019 was 9 months, increasing from 8.1 in 2018 following an upwards trend across the decade. The vast majority of offenders sentenced for ‘Causing death by dangerous driving’ and ‘Causing death by careless driving under influence of drink or drugs’ received immediate custody (a custody rate of 94 per cent and 100 per cent respectively in 2019).
The use of fines as the main sentence for motoring offences remained stable at 94 per cent, with little change since 2014. The average fine amount appears to have stabilised (£331 in 2019 from £332 in 2018) following year on year increases since 2011. The total number of offenders directly disqualified from driving increased 12 per cent in the latest year; 70,800 from 63,300 in 2018.
A26) In September 2020, 2,601,709 people had penalty points on the licences recorded at DVLA (out of a total number of 49,394,740 licences recorded at DVLA).
Source: GB Driving Licence Data
Endorsements stay on a driving record for 4 or 11 years depending on the offence. This can start from either the date a person is convicted or the date of the offence.
The endorsement is ‘valid’ for the first:-
- 3 years, for a 4-year endorsement
- 10 years, for an 11-year endorsement
Full details about penalty points (endorsements) can be viewed here.
A27) The annual Blue Badge survey, completed by local authorities in England, collates data on whether authorities have a policy for prosecuting misuse of the Blue Badge scheme and the number of prosecutions that occurred between 1 April 2018 and 31 March 2019. 66 per cent of local authorities (101 authorities) in England stated they have a policy, up from 89 authorities the previous year. Of those without a policy, 65 per cent are planning on implementing one in the future.
In England, there were a total of 1,432 prosecutions in 2018/19. Of the authorities which had a policy for prosecuting, 61 per cent prosecuted individuals for misuse of Blue Badges. The remaining 39 per cent had no prosecutions despite having a policy. There were 983 prosecutions in London (69 per cent of the total number of prosecutions made in England).
Similar to last year, the majority of prosecutions (99 per cent) in England were targeted at a non-badge holder using another person’s badge.
A28) The Department for Transport’s Statutory Guidance to local authorities on the civil enforcement of parking contraventions can be viewed here.
A29) A map and list of the local authorities outside London who have civil parking enforcement powers can be viewed here.
A30) In 2017/18, the total number of parking Penalty Charge Notices (PCNs) issued by local authorities in England and Wales (excluding London) was 4,801,918. This is a 1.3 per cent increase over 2016/17 when 4,737,306 parking PCNs were issued.
The number of Bus Lane PCNs issued by local authorities in England and Wales (excluding London) in 2017/18 was 1,577,541. This is an increase of around 11 per cent compared to the 1,420,449 PCNs issued in the previous year.
In addition, Welsh local authorities also issued 62,734 PCNs for moving traffic offences in 2017/18. This is an increase of around 84 per cent increase over the 34,131 PCNs issued in the previous year.
The number of parking PCNs appealed to the tribunal in 2017/18 dropped by around 14.4 per cent to 10,055 compared to 11,757 in 2016/17. The rate of appeal against parking PCNs was 0.21 per cent in England and 0.23 per cent in Wales. The proportion of appeals allowed against parking PCNs by the adjudicators (including those not contested by the council) was 56.6 per cent in England and 48 per cent in Wales.
Full details relating to the various PCNs that were issued, and appeals made to the Traffic Penalty Tribunal, can be seen in the Tribunal’s Annual Statistics Report.
In 2019/20, the total number of PCNs (across the full range of traffic and parking offences) issued by London Boroughs and Transport for London was 6,187,220. This is a 3.8 per cent increase compared to a total of 5,958,048 PCNs issued in 2018/19.
Source: London Councils
In 2018/19, 36,473 appeals against PCNs issued by London local authorities and Transport for London were determined in the reporting period by the Environment and Traffic Adjudicators. 17,600 appeals were allowed, of which 9,752 were not contested. 18,873 appeals were refused.
Full details of the appeals determined by appeal type (parking, bus lane, moving traffic, London lorry control and litter and waste) can be viewed in the Annual Report.
A31) In 2017/18, 2,282,703 PCNs were issued by the Secretary of State for Transport for the Dart Charge scheme. This is a decrease of 7.8 per cent from the 2,475,152 PCNs issued in the previous year.
The number of PCNs referred to the Tribunal for appeal from the Dart Charge scheme was 10,460, about 0.46 per cent of the PCNs issued. 5,983 appeals were allowed, including those not contested by the Authority.
A32) Parking debts were passed on to bailiffs by local authorities on nearly 1.1 million occasions in 2018/19 – a 21 per cent like-for-like increase on the same period in 2016/17.
Source: Money Advice Trust
A33) Possibly. The Government launched a consultation on bringing in further restrictions on pavement parking in August 2020.
Three options are being considered:
- Improving the Traffic Regulation Order (TRO) process, under which local authorities can already prohibit pavement parking.
- A legislative change to allow local authorities with civil parking enforcement powers to enforce against ‘unnecessary obstruction of the pavement’.
- A legislative change to introduce a London-style pavement parking prohibition throughout England.
The consultation closes on 22 November 2020.
A34) RAC Foundation analysis of DVLA data shows that in the last financial year (2019-20) 8.4 million sets of vehicle keeper records were released to car parking management companies. Almost all of these will have been used to send penalty charges to motorists who are deemed to have infringed parking rules in private car parks.
The 8.4 million figure is the highest ever supplied by DVLA and is almost a quarter (24 per cent higher) than the 6.8 million sets of records released to parking firms in the previous financial year.
The data suggests tickets are being issued at a rate of one every four seconds. As the charges levied by firms for contraventions such as overstaying can be as much as £100, in principle parking firms could be demanding up to £840 million from drivers on an annual basis.
Source: RAC Foundation
A35) Yes. There has been a substantial rise in the number of vehicle keeper records requested by car parking companies in recent years. Details are as follows:-
2009-10: 1.03 million
2010-11: 1.17 million
2011-12: 1.57 million
2012-13: 1.89 million
2013-14: 2.43 million
2014-15: 3.06 million
2015-16: 3.67 million
2016-17: 4.71 million
2017-18: 5.65 million
2018-19: 6.81 million
2019-20: 8.41 million
Source: RAC Foundation
A36) Between 1 October 2018 and 30 September 2019, POPLA received 89,609 appeals. 79,962 appeals were processed and 57,871 decided.
Of the appeals decided, 13,155 appeals were allowed and 44,716 refused
In addition to the appeals decided, parking operators decided not to contest 22,091 appeals. This means that of the 79,962 appeals that completed the POPLA process, 35,246 resulted in cancelled parking charges – 40% of all processed appeals.
Source: POPLA Annual Report 2019
A37) Since the congestion charging scheme was introduced in London in 2003, £125,308,445 of congestion charge fines have not been paid by foreign embassies. (Figures correct at 30 June 2020).
The United States have the greatest amount of unpaid fines, owing a total of £13.057 million. They are followed by Japan (£8.986 million) and Nigeria (£7.508 million).
84 diplomatic missions owe more than £100,000 in fines and overall, 150 diplomatic missions owe fines.
Source: Transport for London
A38) Over the course of the 2019/20 financial year, 1,599,566 car practical driving tests were conducted. This was about 3.8 per cent lower than the 1,664,219 practical driving tests conducted in the previous financial year and is the lowest number of tests conducted since 2015/16.
The pass rate was 45.9 per cent, very slightly up on the previous year’s pass rate of 45.8 per cent which was itself the lowest pass rate since 2008/09.
Source: Department for Transport table DRT0101
A39) The driving test changed from Monday 4 December 2017 and now includes following directions from a sat nav and testing different manoeuvres.
The changes introduced include:-
- Increasing the Independent driving part of the test to 20 minutes
- Following directions from a sat nav
- Changing the reversing manoeuvres
- Answering a vehicle safety question while the candidate is driving
Full details can be viewed here.
A40) Yes. From Monday 4 June 2018, learner drivers can take driving lessons on motorways in England, Scotland and Wales. This change does not extend to learner motorcylists.
Learner drivers will need to be:-
- accompanied by an approved driving instructor
- driving a car fitted with dual controls
Full details can be viewed here.
A41) The legal alcohol limit for drivers in England, Wales and Northern Ireland is:-
• 80 milligrammes (mg) of alcohol per 100 millilitres (ml) of blood (80mg/100ml), or
• 35 microgrammes of alcohol per 100 ml of breath, or
• 107 mg of alcohol per 100 ml of urine
In March 2011 the Government announced it would not be following the advice of the North Review on Drink and Drug Driving Law and reducing the current drink/drive limit from 80mg to 50mg.
The position is different in Scotland where a new legal alcohol limit was introduced on December 5 2014. Here, the limit is:-
• 50 milligrammes (mg) of alcohol per 100 millilitres (ml) of blood (50mg/100ml), or
• 22 microgrammes of alcohol per 100 ml of breath, or
• 67 mg of alcohol per 100 ml of urine
A42) Yes. The RAC Foundation is amongst a coalition of road safety charities, emergency services and health groups who have called on MPs to reduce the drink driving limit in England and Wales.
The call comes after statistics show no progress has been made on drink driving since 2010, with 240 deaths and more than 8,000 casualties reported each year.
England and Wales have one of the highest drink-drive limits in the world. Set at 80mg alcohol per 100ml blood, it is greater than the rest of Europe (with the exception only of Malta), as well as Commonwealth countries such as Australia, New Zealand and South Africa. The Government of Malta announced recently plans to lower the drink-drive limit to 50mg in a new National Alcohol Policy to reduce harm.
Scotland lowered its limit to 50mg in December 2014, and police figures showed a 12.5% decrease in drink-drive offences in the first nine months. Northern Ireland is set to introduce before the end of 2018 a two-tier drink drive limit, with the general drink-drive limit down to 50mg/100ml, in line with Scotland, and an even lower limit for new and professional drivers.
A43) It is estimated that had the drink drive limit been lowered from 80 to 50mg/100ml at the beginning of 2010, then in every year between 2010 and 2013 about 25 lives would have been saved and 95 people saved from serious injury.
The estimates come from research by Professor Richard Allsop in his report Saving Lives by Lowering the Legal Drink-Drive Limit. The work was jointly commissioned by the RAC Foundation and PACTS.
A44) You could be imprisoned, banned from driving and face a fine if you’re found guilty of drink-driving. The actual penalty you get is up to the magistrates who hear your case, and depends on your offence.
Drivers who drive, or attempt to drive, while over the legal alcohol limit face penalties of:-
• up to 6 months in prison
• an unlimited fine
• a minimum of 12 months’ disqualification (3 years for a second offence within 10 years)
Full details of all the penalties that could be incurred through drink-driving can be viewed here.
A45) If you have been found guilty of a drink-drive offence and your ban is for 12 months or more, you can be offered a rehabilitation course to reduce your driving ban. The ban is usually reduced by a quarter provided the course is completed within a certain time.
Further details can be viewed here.
A46) Excluding the four forces who were unable to provide complete data, there were 320,988 breath tests undertaken in 2018, representing a fall of 2 per cent when compared with 326,221 breath tests carried out in 2017 (excluding 4 forces who could not supply full breath test data for 2017). This fall continues the downward trend seen since the peak of 670,023 breath tests in 2009 (also excluding the 4 forces who could not supply data for 2017).
The number of positive or refused breath tests in 2018 represents 15 per cent of the total number of breath tests, the highest proportion since 2007. The proportion of breath tests that were positive or refused gradually fell from 19 per cent in 2003 to 10 per cent in 2013 and remained stable until 2014. From 2014 to 2018 there has been a gradual increase in the proportion of breath tests that were positive or refused, from 11 per cent to 15 per cent.
A47) Yes. There are two laws that relate to drug driving. It is illegal to drive if either:
- you are unfit to do so because you’re on legal or illegal drugs
- you have certain levels of illegal drugs in your blood (even if they haven’t affected your driving)
The drug driving law was strengthened in 2015 to make it easier for the police to catch and convict drug drivers. The new offence of driving with a specific controlled drug in the body above that drug’s accepted limit was introduced as under the previous legislation it was often difficult to prove a particular drug impaired a driver’s actual driving ability.
There are now limits in place for legally driving while taking eight prescription drugs and eight illicit drugs. (Amphetamines are treated differently). The limits can be viewed here.
If you are taking prescription medicines, you can legally drive while taking these medicines in accordance with instructions from a healthcare professional or whilst sticking to recommended dosages and they do not impair your driving in any way. If you are using above the standard prescribed dosage for these medicines and driving, you could be breaking the law. If you are unsure the best thing you can do is contact your local GP.
Further information on drug driving can be viewed here.
A48) Yes. It is illegal to hold a phone or sat nav while driving or riding a motorcycle.
The use of hands-free mobile phone access, such as a bluetooth headset, voice command, a dashboard holder or mat, a windscreen mount or a built-in sat nav, is permitted while driving but you must stay in full control of your vehicle at all times. The police can stop you if they think you are not in control because you are distracted and you can be prosecuted. The device must also not block your view of the road and traffic ahead.
The law still applies to you if you are:-
- stopped at traffic lights
- queuing in traffic
- supervising a learner driver
You can use a hand-held phone if either of these circumstances apply:-
- you are safely parked
- you need to call 999 or 112 in an emergency and it’s unsafe or impractical to stop
Further information can be viewed here.
A49) Yes. The government has committed to close a legal loophole which has allowed drivers to escape prosecution for hand-held mobile phone use while behind the wheel.
At present, the law prevents drivers from using a hand-held mobile phone to call or text. However, people caught filming or taking photos while driving have escaped punishment as lawyers have successfully argued this activity does not fit into the ‘interactive communication’ currently outlawed by the legislation.
The revised legislation will mean any driver caught texting, taking photos, browsing the internet or scrolling through a playlist while behind the wheel will be prosecuted for using a hand-held mobile phone while driving.
A consultation to update the law was launched in October 2020. See here for further details.
A50) The RAC Report on Motoring 2019 found that 23 per cent of all drivers – the equivalent of just under 10 million motorists – confess to making or receiving calls on a handheld phone while they are driving, at least occasionally. Among drivers aged between 17 and 24, this rate is 51 per cent.
Meanwhile, 17 per cent of all drivers – and 35 per cent of under-25s – say they check texts, email or social media while driving, despite the heightened level of risk involved in looking away from the road, even for seconds at a time.
Only a small minority of drivers (15 per cent) follow the official government advice to put their phone in their glove compartment while driving. Most people either keep their phone in a pocket or bag (45 per cent), or put it on the seat or console next to them (25 per cent).
A quarter (24 per cent) of motorists say they usually leave their phones switched on with the sound on when driving, rather than putting the device on silent or switching to some form of safe-driving mode.
A51) In 2017, 1.1 per cent of drivers were observed using a hand-held mobile phone whilst driving on weekdays in Great Britain. This compares to 1.6 per cent of all drivers observed using a mobile phone in the previous survey in 2014 in England and Scotland combined.
The rate of drivers observed using a mobile phone was higher in Scotland (2.0 per cent) than in England and Wales (0.6 per cent).
Rates of mobile phone use are slightly lower when restricting to car drivers only (1.0 per cent in Great Britain in 2017).
Drivers were more likely to be observed with a mobile phone in their hand rather than holding it to their ear. In 2017, 0.8 per cent of drivers were observed holding a phone in their hand compared with 0.4 per cent observed holding the phone to their ear.
A52) New, stronger penalties for using a hand-held mobile phone while driving were introduced in March 2017.
You can now get a fixed penalty notice carrying a penalty of a £200 fine and 6 penalty points on your licence for using a hand-held phone when driving. New drivers who have passed their test in the last 2 years will automatically lose their licence
You could also be taken to court where you could face disqualification and a fine of up to £1,000 (£2,500 if you’re driving a lorry or a bus).
You can get 3 penalty points if you do not have a full view of the road and traffic ahead or proper control of the vehicle.
See here for further details.
A53) In 2018, 38,601 Fixed Penalty Notices (FPNs) were issued for using a hand-held mobile phone while driving. This was a fall of 27 per cent on the 52,993 FPNs issued in 2017.
There has been a yearly fall in the number of FPNs issued for this offence since 2011 when 162,412 FPNs were issued.
A54) In 2019, the estimated rate of unlicensed vehicles in traffic in the UK was 1.6 per cent, compared with 1.8 per cent in 2017 and 1.5 per cent in 2015. (These statistics are based on observing registration marks of vehicles in traffic via a roadside survey carried out at 256 sites across the UK in June 2019).
The majority of unlicensed vehicles in traffic are in the Private and Light Goods vehicle tax class, accounting for 89 per cent of all licensed UK vehicles. Rates of evasion in UK traffic were relatively low for both the Goods vehicle (0.8 per cent) and Bus (0.5 per cent) tax classes in 2019. The evasion rate in traffic is highest for motorcycles at 3.8 per cent.
The latest estimates also indicate that 1.6 per cent of vehicles in the active vehicle stock were unlicensed in the United Kingdom. This corresponds to 634,000 vehicles, down from 755,000 vehicles in 2017.
The estimated rate of VED evasion in the UK would correspond to around £94 million in lost tax revenue over a full year (about 1.5 per cent of the total due). However, some of this will have been recovered through DVLA enforcement activity or through vehicle keepers paying arrears of duty to cover the untaxed period.
A55) Firstly, check if the vehicle is taxed before you report it.
Then make a note of the vehicle registration number, make, model and colour of the vehicle and the street name, town and postcode where the vehicle is parked. You will not be able to report the vehicle without these details.
You can then report the vehicle online. Your report is anonymous and will be investigated.
Full details can be viewed here.
A56) Yes. You must wear a seat belt if one is fitted in the seat you’re using – there are only a few exceptions.
You are also only allowed 1 person in each seat fitted with a seat belt.
You can be fined up to £500 if you do not wear a seat belt when you are supposed to.
A57) In Great Britain, 96.5 per cent of all drivers were observed using a seatbelt on weekdays in 2017. This compares to 95.3 per cent of all drivers observed using a seatbelt in the previous survey in 2014 in England and Scotland combined. This rate was lower in England and Wales (96.0 per cent) than Scotland (97.3 per cent) in 2017.
In 2017, 93.1 per cent of front seat passengers and 90.7 per cent of rear seat passengers were observed using a seatbelt in Great Britain.
For car drivers, 98.6 per cent were observed using a seatbelt in Great Britain in 2017.
A58) You must make sure that any children in the vehicle you are driving are:
- in the correct car seat for their height or weight until they reach 135 centimetres tall or their 12th birthday, whichever is first
- wearing a seat belt if they’re 12 or 13 years old, or younger and over 135cm tall
You can be fined up to £500 if a child under 14 is not in the correct car seat or wearing a seat belt while you are driving.