GB LAW - The Law

Driving with Excess Alcohol
It is an offence to drive, or attempt to drive, or be in charge of a motor
vehicle on a road or public place after consuming so much alcohol that the
proportion in the blood, breath or urine exceeds the prescribed level. The
Statute for this offence is Section 5 of the Road Traffic Act 1988.

Legal Limit
The level is a ratio of alcohol to breath, blood or urine. It is
impossible to give a general guide to persons enquiring how much they can
drink, as factors such as body mass, health, type of drink are so
variable. It is not a fixed number of drinks. The current legal limit is
35 micrograms of alcohol in 100 millilitres of breath; 80 milligrams of
alcohol in 100 millilitres of blood; 107 milligrams of alcohol in 100
millilitres of urine.

The best advice is NOT TO HAVE ANY ALCOHOLIC DRINKS AT ALL IF DRIVING - it
is possible for driving performance to be adversely affected even though a
person may be below legal limits - this can be dealt with under an offence
of Driving whilst unfit through drink or drugs.

Driving whilst unfit through drink or drugs
It is an offence to drive or attempt to drive a motor vehicle on a road or
public place whilst unfit through drink or drugs. This includes not only
illegal drugs but any drugs - a person could commit this offence if their
driving is impaired by household or prescribed medicines. Their actions or
a Doctor's examination may judge the degree of a person's impairment.

The Statute for this offence is Section 4 of the Road Traffic Act 1988.

Breath Tests - Police Powers
In general terms Police have the power to require a person to give a
roadside breath test when:

• A driver has been involved in an accident
• A driver has committed a moving traffic offence
• The officer suspects the driver has been drinking

If a breath test is requested and the person refuses, or fails to provide
it, they can be arrested if the Officer suspects they have been drinking.

A Notice of Intended Prosecution (also known as NIPs) are issued either
verbally, or more usually as a written form when certain driving offences
have been alleged. They advise the registered owner of the vehicle that
they are being considered for the question of being prosecuted 'for..' and
will state the offence.

In certain circumstances, such as Gatso camera speeding offences, a
Conditional Offer will be made. This gives the driver the opportunity to
avoid going to court by paying a fixed fine and receiving a fixed number
of points on their licence. The driver will have to accept the offer
within a time limit. The Conditional Offer does not remove the person's
choice to attend court. If the Conditional Offer is declined or ignored,
or the circumstances are of a more serious nature, the matter will be
dealt with by a Court.

The NIP is sent to the Registered Keeper of the vehicle (the person named
on the log book, also known as the vehicle registration document). The
registered keeper of the vehicle is responsible for providing details of
who the driver of the vehicle was at the time the offence occurred. The
registered keeper can be prosecuted for failing to name the driver.

Conviction for certain motoring offences can result in endorsement of the
driving licence with penalty points.

Penalty points last 3 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 3 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 the licence, but the licence will
refer to the disqualification for 4 years (11 years for alcohol or drugs
driving offences).

Removal of Points
A form to apply for removal of penalty points can be collected at a post
office.

The offence of using a hand held mobile phone whilst driving will now
become endorsable. From February 27th 2007, drivers will have their
licence endorsed with three penalty points and receive a £60 fine - double
the old fine.

Using a hand-held mobile telephone while at the wheel is illegal.

Drivers using hands-free devices still risk prosecution if they fail to
maintain full control of their vehicle or if they drive carelessly or
dangerously. The Highway Code states that you MUST exercise proper control
of your vehicle at all times, and the same penalty applies - three points
and a £60 fine, for failing to do so. Using hands free equipment is likely
to distract your attention from the road. If you need to use your phone,
it is far safer to find a place to stop first and NOT use it while you are
driving.

Drivers who accumulate six or more penalty points within two years of
passing a driving test (probationary period), will have their licences
automatically revoked by DVLA. Such drivers will revert to Provisional
licence status and have to repass a test (theory and practical) to regain
full entitlement

There are a number of documents a Police Officer can ask the driver of a
motor vehicle to produce, these include:

• Driving Licence
• HGV Driving Licence
• Certificate of Insurance
• MOT Certificate

Production can be required when:
A person is driving a motor vehicle on the road (and in the case of
insurance a Public Place).

The Officer reasonably believes that the person was the driver of a motor
vehicle at the time of a road traffic crash.

The Officer reasonably believes that the person was the driver of a motor
vehicle at the time of a moving traffic offence.

The supervisor of a learner driver can be required to produce their
driving licence in the above circumstances (or whom an Officer has
reasonable cause to believe was the supervisor).

If a person does not have these documents with them, the Police Officer
will issue the person with a form HORT/1 (often referred to as a
'producer', 'seven day ticket', 'horty'). This form requires the person to
produce the documents at the police station, nominated by the driver,
within seven clear days from the time the officer made the requirement.

From 18th September 2006, you must use the correct car restraint for your
child. 'Child restraint' is the term given for baby seats, child seats,
booster seats and booster cushions.

This new law effects all vehicles where seat belts are fitted, including
vans and other goods vehicles, buses, minibuses and coaches.

In cars, vans and goods vehicles:

Driver:

A seat belt must be worn if available and is legally responsible for
failing to do so.

Child up to 3 years: (Drivers responsibility)

FRONT Seat - The correct child restraint MUST be used appropriate to their
weight. (Please see 'Types of Child Restraints' below for more
information).

REAR Seat - The correct child restraint MUST be used appropriate to their
weight.

Exception: If a child restraint is not available in a taxi, then the child
may travel unrestrained.

NOTE: Rear-facing baby seats MUST NOT be used in a seat where there is a
frontal air-bag unless the air-bag has been deactivated.

Child from their 3rd birthday up to 135cms in height (approx. 4' 5") OR a
child up to their 12th birthday, which ever they reach first: (Drivers
responsibility)

FRONT Seat - The correct child restraint MUST be used. However, if there
are no seat belts fitted in the front, then the child under 135cms in
height and also under the age of 12 cannot travel in the front.

REAR Seat - Where seat belts are fitted, the correct child restraint MUST
be used.

Exceptions: The child may only use an adult seat belt if:

• Two occupied child restraints prevent a third one being fitted; or
• For a short unexpected journey which has risen out of necessity; or
• In a licensed taxi/private hire vehicle.

A child 3 years and over may travel unrestrained in the rear seat of a
vehicle if seat belts are not available.

Child over 1.35 metres (approx 4ft 5ins in height) or 12 or 13 years:
(Drivers responsibility)

FRONT Seat - A seat belt MUST be worn if available.

REAR Seat - A seat belt MUST be worn if available.

Adult passengers (14 years and over) (Passengers responsibility)

FRONT Seat - A seat belt MUST be worn if available.

REAR Seat - A seat belt MUST be worn if available.

Types of Child restraints:

The names given below may not always apply and are just a guide due to
manufacturer's using different names for their products. It is the weight
of the child that decides the restraint that must be used.

• Baby seats - Are rear-facing and are for children up to 13 kgs
  (approx. birth to 9-12 months)
• Child Seats - Are forward-facing for children 9 kgs to 18 kgs
  (approx. 9 months to 4 years)
• Booster Seats - Are for children 15 kgs and up
  (from approx. 4 years)
• Booster Cushions - for children from 22 kgs
  (from approx. 6 years)

Penalties:

For not using a child restraint you can get a £30 fixed penalty notice. If
the case goes to court, the fine could reach as high as £500. Penalty
points are not applicable.

Buses, coaches and mini-buses:

Seat belt wearing is already compulsory in minibuses under 2.54 tonnes
unladen weight. If available, an appropriate child seat must be used in
these vehicles but operators are not required to provide them.

From 18th September, seated passengers aged 14 years and above will have
to use seat belts where they are fitted. Regulations requiring children 3
years to 13 years to use seat belts (or child restraints if they are
available) in these vehicles will be brought forward as soon as
practicable.

An accident should be reported:

• If personal injury is caused to a person other than the driver of that
  motor vehicle
• If damage is caused to another vehicle
• If damage is caused to an animal (horse, cattle, ass, mule, sheep, pig, goat or dog), other than an animal being carried in that vehicle or trailer.
• If damage is caused to any other property forming part of the land on which the road is situated

In a road traffic collision involving fatal/serious injury, contact the
police immediately by phoning 999.

'Injury Collision'
In a non-serious incident, but where injury is caused - the driver of the
motor vehicle must stop and, if required to do so by any person having
reasonable grounds for so requiring, give their name and address, and also
the name and address of the owner and the identification marks of the
vehicle.

If not, the accident must be reported to the police as soon as possible,
and in any case within 24 hours (this covers instances in which the
persons involved are not able to comply with the requirement to report the
incident immediately due to circumstances over which they have no
control).

The driver of the vehicle must also provide a certificate of insurance to
a police constable, or any other person having reasonable grounds for
requesting, as soon as is practicable.

Failure to provide name and address or report the accident is an offence.

'Damage Only' Collision
There is no need to report 'damage-only' incidents to the police, provided
that the following details have been exchanged:

• Name and address of the drivers involved,
• Details of the registered owner (if different to that of the driver).
• The identification mark (referred to as either registration mark or index) of the vehicle

The matter can then be dealt with by either the insurance companies or by
civil claim.

For further information, please refer to the Road Traffic Act.

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