Motoring News » Motoring Laws

New cars now to be MoT tested after 3 years

Alan — Sat, 04 Feb 2012 20:10:47 +0000

The Transport Secretary Justine Greening announced this week that all cars will now need to be tested after their first three years on the road and then afterwards on an annual basis in a move that surprised many.

This is just one of the many reverse transport announcements that have come about over the last few months as it seems the Government is a bit bi-polar when it comes to its policies. Other announcements that have been surprising have been that pupils under five do not need milk in school and that they will sell off public forest areas.

Prior to the announcement it was understood that ministers were thinking about waiting four years before an initial MoT inspection would be required of new cars and then making the test a bi-annual requirement. The idea was to help clear red tape after so many regulations were erected over the economic period of uncertainty.

At the time it seemed logical as cars are now more reliable and better constructed then in the past. However, Greening chose to toss the plans of Phillip Hammond in favor of evidence that she reviewed from the Vehicle and Operator Services Agency.

The study revealed that over a quarter of the MoT tests over the last year missed defects and passed thousands of cars that should not have been deemed roadworthy. Motoring groups were in support of the results claiming that if the tests were not as frequent then more unsafe cars would continue to slip through the cracks placing many people’s safety on the roads at risk. In response to the poor MoT results, the Government plans to carry out a variation of the ‘mystery shopper’ experience at its own testing centres to see where the problems are.

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Should I make a whiplash claim?

admin — Sat, 28 Jan 2012 19:17:28 +0000

With all the talk of fraudulent road traffic accident claims and rising insurance premiums as a result, it is no wonder that many motorists hurt in an incident on the roads will not even think about putting in a claim for compensation.

But those who have genuinely been injured in an accident that was not their fault should not be afraid of making a whiplash claim.

Head, neck and shoulder injuries are common in car crashes, and even in low-speed collisions the effects can be very painful and impact everyday life.

Whiplash is a general term for these sorts of injuries and covers all sorts of symptoms. The damage arises when the head and neck are jolted around and sufferers can experience aches and pains for a long time after the accident, making it difficult to function as normal.

“No one should be afraid of making a whiplash claim if they have been injured in an accident that was not their fault,” explains Matthew Briggs, CEO of www.claims.com.

“Everyone has a right to justice if another person has caused them harm, and motorists should not be put-off by talk of the blame culture or feel they are taking advantage of the system.

“Whiplash injuries can be very serious and you are right to seek compensation to help pay for treatment.”

As with all RTA claims, a successful whiplash case will depend on proving wrongdoing or negligence on the part of the other road user. This means that their behaviour behind the wheel must be shown to be illegal or irresponsible and have directly caused the accident.

The problem with fraudulent whiplash claims arises because such cases are usually one person’s word against another’s and it can be difficult to establish what happened, especially when fake witnesses are produced or no one saw the accident.

This means it is vital that if you were involved in a collision on the roads that you make notes on what happened, take photographs wherever possible and ensure you have the details of any witnesses. Reporting the accident to the police will also help to ensure the circumstances are thoroughly recorded.

Enlisting the help of a specialist personal injury solicitor will ensure you get the best possible advice based on your situation and that your claim is handled quickly and professionally. Only a qualified expert can make sure you get the best possible outcome and are awarded the whiplash compensation you deserve to help you get on with your life.

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Drug diving testing

Alan — Fri, 27 Jan 2012 02:11:55 +0000

Over the past few years there has been a great deal of research conducted on the problem of UK motorists driving under the influence of drugs. Since the introduction of the breathalyzer, testing for alcohol is a fairly quick and accurate procedure, but drugs are a different matter.

Currently, when a motorist is stopped by police on suspicion of driving while impaired, the field impairment test (FIT) is standard practice; it usually involves standing on one foot and/or walking a straight line etc., and if the driver fails that test they get a breathalyzer. If they pass that, they’re more than likely to drive away without further ado.

Recent studies have revealed that more than 10% of drivers in the 17 to 24 age group admitted they had driven while under the influence of drugs, a considerable increase over the percentage four years ago. Road safety organisations have been lobbying for more effective drug testing, and now a plan is in the works to do some serious up-dating.

The government is setting up a panel to explore the options and try to come up with a feasible method of drug testing and make it available to police stations country-wise. The panel’s findings will be the basis for new legislation that would make driving under the influence of drugs prosecutable in the same way drink driving is now.

The saliva test, already in use by Australian police, is limited and relatively time-consuming. That test involves using different cellulose strips for different drugs; it takes a while and can’t cover every possibility anyway. New developments in testing devices will make it possible to detect even a slight amount of some drugs in just a few seconds, but that leaves other dilemmas.

There is no clearly defined ‘legal limit’ for the level of any specific drug in a driver’s system, and the differentiation between a ‘legal high’ from prescribed medicine and an ‘illegal high’ from anything else poses a huge complication for law-makers.

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Is it time for a drug-driving law?

admin — Thu, 19 Jan 2012 12:58:04 +0000

Safety expert endorses idea of roadside drugalyser test and says too many drug-drivers are getting away with it

Roads Minister Mike Penning: considering new drug-driving law change. Picture by Highways Agency

A current UK television advert tells of the consequences of driving while under the influence of drugs. The advert uses alarming imagery to show a group of young people cruising in a car at night; all of their eyes, including those of the driver, are twice their normal size.

A hushed voice-over tells TV drivers: “Drugs have an involuntary effect on the eyes that you can’t control – the police can spot this”.

However, many road safety groups think that this in a overly simplified message as “the police can’t always spot this and find it even harder to prove”. The penalties for drug-driving and drink-driving are the same but the police often find it harder to prove the guilt of a motorist suspected of convicting a drug-driving offence.

Breakdown cover company GEM Motoring Assist are just one of the road safety organisations who are keen to eliminate the threat of drug-driving. David Williams MBE, chief executive officer of GEM, said: “It is vital that the government does more to send out a message that drugs and driving should never be mixed together.”

Panel of experts

It is with such a concern in mind that the government has appointed a panel of ten scientists to examine the technical aspects of introducing a new offence of “driving with an illegal drug in your body”.

Road Safety Minister Mike Penning said: “The panel will look at how such an offence could be defined as well as considering whether it is possible to set levels for the impairing effects of specific drugs.”

New drug classifications

Drugs such as cocaine, MDMA, cannabis and opiates are certain to be discussed by the experts. A Department for Transport (DfT) statement noted: “It is likely that the panel will consider whether it is possible to identify, for average members of the adult population, the levels of drugs that have an impairing effect broadly equivalent to the current blood-alcohol limit.”

The panel will be comprised of academic and scientific experts in the field of alcohol and drug misuse and their work is expected to start in the spring.

These experts will have much to discuss. DfT figures reveal that in 2010 drug driving was cited by police as a contributory factor in 51 fatal accidents (compared to 250 fatal accidents linked to drink-driving).

However, experts think that this figure could just be the tip of the iceberg as ‘drugalysers’ are not available to UK police forces – meaning that roadside tests cannot be conducted.

Commenting on this situation, David Williams of car breakdown cover company GEM said: “Very often the police suspect that a drunk motorist might also have taken drugs but, not having the technology to prove this, have to content themselves with subjecting drivers to a breathalyser test. Many motorists who are convicted of drink-driving have probably been lucky to escape drug-driving charges.”

Mr Williams added: “I fully support the idea of introducing roadside drugalyser tests. Other countries use this technology so why can’t we?”

Current methods of detection

Police instead have to rely on a field impairment test if they suspect a driver has taken drugs before getting behind the wheel. The test involves:

Using a ‘pupil measure’ to record the size of the driver’s eye pupils – enlarged pupils can be an indication of drug use
Asking the subject to close their eyes and estimate the passage of 30 seconds
Walking ‘heel-to-toe’ in a straight line
Standing on one leg while counting out loud
The driver touching the tip of their nose with the tip of their finger with their eyes closed

The results of the tests determine whether a motorist should be taken back to a police station for a blood test. By the time a driver submits to a blood test the drugs can have left their system.

Currently, police have to prove that a driver’s actions have been impaired by drug use to bring charges – a painstaking process. Creating a new drug-driving offence could simplify this process.

The panel’s agenda

However, the panel will have some complex issues to discuss before the government can make an informed choice about introducing a clearer definition of drug-driving. For instance, the experts’ remit includes examining “whether impairment levels could be exceeded through prescribed or otherwise legally obtained drugs”.

Consideration will also be given to how taking a combination of drugs and alcohol (and combinations of different drugs) can effect a motorist’s driving ability.

David Williams of GEM believes that it is very unwise for drivers to mix alchol with prescribed drugs – the combination, he says, can be a “lethal cocktail” and one which compromises motorists’ judgement and reaction times.

Perhaps in a few years time the police will have more technology at their disposal to test whether drivers have taken prescribed – or recreational – drugs before getting behind the wheel.

With the Home Office having already conducted trials with drug-screening equipment in police stations, the prospect of roadside drugalyser tests seems closer than ever. Could it be that a police officer’s request to “breathe into this please” is set to take on a new meaning?

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Man jailed for helping people avoid penalty points

Alan — Thu, 12 Jan 2012 08:11:17 +0000

Colin Lowndes from Manchester has recently been jailed for helping drivers avoid motoring convictions and the penalty points that they got for driving offences including speeding. He admitted guilt to perverting the course of justice and several counts of fraud.

On Friday he was sentenced to 7 years in prison, his brother-in-law who was also involved in his criminal activities has been jailed for one and a half years. A police investigation showed that those who had been given police tickets paid the two men over £400.

Once the money had been handed over the two men would give false nominations linked to addresses associated with Mr Lowndes. These false addresses would mean further police notices were sent to drivers and eventually the time for prosecution would expire and the driving offender would escape punishment.

Eventually, police became suspicious and raided the various homes associated with the scam. A large number of police documents were recovered as well as many blank envelopes and stashes of money. In four years the police are estimating that the scam was run over 700 times with most of it occurring within Manchester.

Most of the nominations were sent to the brother-in-law’s house and many of the motorists who tried to avoid ticketing have been arrested. Custodial sentences have been issued to some of them after more than 200 were arrested.

Sgt Mark Beales has said about the offences, “Mr Lowndes was an experienced and talented conman and he was living a lavish lifestyle through this scam as well as several others. The level of arrogance he has is quite astonishing and he has no qualms about taking from others in order to benefit himself. He made a mockery of the criminal justice system and is now facing justice for what he has done.”

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Mobile phone use while driving is still common

Alan — Wed, 21 Dec 2011 13:50:26 +0000

Recent figures have shown that in the UK motorists are being fined every 180 seconds for the offence of using a mobile phone while driving. These figures have been put together by the car insurance company Swiftcover.com and it showed that between 2010 and 2011 over 170,000 drivers were given fixed penalty notices by the police. This is twice as many tickets that were given six years earlier, which was a year after the ban was first introduced.

The insurance companies managed to compile these figures through Freedom of Information requests from over 40 police forces in England and Wales. Despite the seemingly high number of people being caught in the act, the figures actually suggest that only three in every 100 drivers who commit the offence are actually being caught.

Other information that the insurance company gathered showed that one in every 10 drivers aged under 34 had logged onto a social network while driving. The chief claims officer at the insurance company is Robin Reames who said, “It is a minority of people who are endangering other drivers and these people are being completely irresponsible.”

Mike Penning is the Road Safety Minister and he said that tackling this problem is a top priority for the government and therefore they have decided to increase the penalty notice by £20, to £100, as of next year.

Mr Penning further urged people to use a hands-free kit if they are in the car and reminded employers that it is a criminal offence to insist that employees answer their phone while they are driving. He also urged motorists to only answer calls, even with a hands-free device, when absolutely necessary.

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Exceptional hardship defended by respected transport lawyer

Alan — Thu, 17 Nov 2011 12:57:35 +0000

Exceptional hardship defended by respected transport lawyer

A leading solicitor who deals with transport matters has spoken out in support of the system currently in place that allows motorists who have received 12 points on their licence to carry on driving if losing their licence will result in exceptional financial hardship.

Anton Balkitis who works for the Nottinghambased law firm Rothera Dowson, has said that on the whole, decisions made by magistrates were fair and this is a much more flexible way to punish drivers rather than following the law to the letter.

His comments come in the wake of a study that was currently undertaken by the insurers Direct Line and Brake, the road safety charity. This study claims that over 10,000 UK drivers have avoided a disqualification, but Mr Balkitis says that every case in different and has to be judged on its own merits, rather than a blanket law that doesn’t take individual situations into account.

The survey also suggested that the number of drivers who have escaped the ban means that the concept of the hardship being ‘exceptional’ was being stretched.

He added: “Depending on the degree, hardship to the offender’s friends and family may more readily be regarded as Exceptional Hardship than hardship to the offender himself. Those people are innocent whereas the offender is not. As a percentage of people holding a UK driving licence, the 10,000 cases highlighted are a very insignificant number indeed.”

Mr Balkitis also explained how the vast majority of drivers could reach the maximum number of points and face a disproportionate punishment, simply through unfortunate circumstances.

“For instance, a motorist caught driving at 36mph within a 30mph restriction may, by administrative error, fail to name the driver at the time of the offence. Suddenly that driver is going to be faced with nine points in one foul swoop. Having received three points for a minor traffic offence two and a half years ago, the Magistrates must disqualify for a minimum period of six months. In the absence of any formal direction for such a situation being incorporated into law, it seems the Exceptional Hardship plea remains the most reliable way to ensure each case is judged individually.”

Anton Balkitis was recently named as a leader in his field in the Chambers and Partners UK Guide – a long-standing publication that recognises the country’s leading lawyers and law firms. The prestigious Legal 500 Guide also named Rothera Dowson’s Road Transport department as “the best in the country”.

For more information or legal advice on pleading Exceptional Hardship, contact Rothera Dowson solicitors on 0800 046 3066 or visit www.rotheradowson.co.uk. Motoring legal advice can also be found on Anton Balkitis’s blog at www.keepmeontheroad.co.uk.

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Motorways will go to 80mph speed limit

Alan — Mon, 03 Oct 2011 08:06:09 +0000

The recent news that motorway speed limits could be increased to 80mph has drawn angry criticism from environmental groups as well those who campaign for road safety. While these are predictable, it was less predictable that the move was welcomed by most of the UK’s motoring organisations.

A spokesperson from the RAC has said, “We think that generally the speed increase is a good idea. The problem is the question of how strictly it is going to be enforced. Right now we see people travelling at 80 and the police largely turning a blind eye. If people were travelling at 90 without punishment this would be quite a serious concern.”

Around 70% of members of the AA support the move towards a higher motorway speed limit and the president of the group Edmund King has said that the news is certainty welcome. He has said that it would not be a good idea if the limit was not properly enforced, he commented, “If people can interpret the speed limit however they want this does not encourage safe roads, especially in built up areas.”

Unfortunately no one knows yet how much the new limit will be enforced as enforcement is down to each individual police area. Generally the current formula is the limit plus ten percent and an extra two miles and hour. This allows drivers to avoid points and gives the maximum speed limit on motorways to be 79mph if they want to avoid a ticket.

There have been many arguments that people who want a higher limit have put forward and most of these are well reasoned. The government has conducted research though that clearly indicates that higher speeds mean more deaths. A road safety charity, Brake, has said, “We don’t think it is a good idea to increase the speed limit when there are clear statistics that show if the government do raise the limit more people are going to die.” Environmental groups have also pointed out that driving at 80mpg affects the fuel efficiency of cars greatly and can mean they consume up to 25% more fuel than if they were travelling at 70mph.

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Public want school area 20mph speed limit

Alan — Mon, 22 Aug 2011 06:38:27 +0000

According to the latest survey by the motoring charity IAM, the majority of the 4000 people they polled believe that a 20mph speed limited should be imposed outside all schools, 67% back this move, and a further 38% think that it should also be introduced on roads where there are shops and parks. The charity says that their survey clearly shows that there is strong support for the brakes to be applied and speeds reduced in certain areas.

Only a quarter of those polled, however, think that a default speed limit of 20mph should be applied in all built up areas. Whereas 43% would like the road outside their homes to have this speed limit, 39% wouldn’t, so the opinion is split as far as this is concerned. Only 40% of people think that the 20mph speed limit would be best enforced using speed limit signs, which would leave the public to comply and leave the police to enforce the limit.

Measures that physic make drivers physically slow down are even less popular, with only 20% favouring speed cameras, and 21% supporting the combination of road humps and cameras. Respondents also felt that enforcing a 20mph limit in zones should only be classed as medium priority compared to the duties that the police needed to do on the roads.

The head of road safety for IAM, Kevin Delaney has said that IAM will continue to support the selective use of 20mph speed limits in areas where there is evidence that by reducing the speed limit, the risk of casualties will also be reduced. He added that a blanket 20mph speed limit, or other limits in inappropriate areas will provide more risks as they will be disregarded by drivers as they won’t know why they are necessary in that area.

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Three men go to extreme lengths to avoid speeding fines

Alan — Tue, 21 Jun 2011 05:46:04 +0000

Three Gloucester work colleagues have been sentenced to prison, community service and a driving ban when they went to illegal means to avoid speeding fines being collected in Bracknell.

Last year on November 12 and November 13 an Audi A3 was stopped for exceeding the speed limit on A329. Zoe Freeman the driver was sent notice of prosecution for these offences however she replied with a letter saying her records indicated the car was not in that area at the time of the infractions and requested photos for evidence.

Ms Freemen subsequently received photos sent by the police but later sent a second reply saying the car captured was not hers. At the Oxford Crown Court photographs were sent from the company the driver worked for indicating there were different number plates and a print out from the device that tracks the cars movements showed it was stationery for those two days in November.

After further enquires it was discovered the tracker device for the car in question had been attached to another car owned by a director of the company just a few days before the first speeding incident. The print out was also found to be altered. And another pair of plates had just been ordered days before sending the information to the police.

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