What are road traffic offences?
Road traffic offences are criminal offences related to your conduct and the condition of your vehicle on the roads. They cover a range of behaviours, including specific actions (eg using a mobile phone while driving) and general poor standards of driving (eg dangerous driving). The expected standards for drivers, motorcyclists, cyclists, and pedestrians are set out in the Highway Code. Failing to follow these rules can lead to penalties ranging from fines to criminal prosecution.
What's the difference between careless and dangerous driving?
While they might sound similar, there’s an important legal difference between careless and dangerous driving. The distinction comes down to how far your driving standard falls below what’s expected of a competent and careful driver. Dangerous driving is a much more serious offence.
What is careless driving?
Careless driving (also known as ‘inconsiderate driving’ or 'driving without due care and attention') is when your driving falls below the standard expected of a careful driver. This often relates to a mistake or a temporary lapse in concentration.
Examples of careless driving include, but are not limited to:
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driving unnecessarily slowly
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not dipping headlights when appropriate
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following other vehicles too closely
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turning, driving, or overtaking too close to others or in an inappropriate position on the road
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accidentally ignoring road rules (eg by inadvertently running a red light)
What is dangerous driving?
Dangerous driving is a specific road traffic offence. It occurs when your driving is far below the standard of a careful and competent driver. It involves actions that create an obvious risk of danger to yourself and others.
Examples of dangerous driving include, but are not limited to:
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speeding, racing, or aggressive driving
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knowingly driving an unsafe vehicle
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driving when unfit (whether due to alcohol, drugs, sleep deprivation, injury, or illness)
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doing other activities whilst driving
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performing dangerous manoeuvres or ignoring road rules (eg by intentionally driving through a red light)
What are some other key road traffic offences?
Beyond the general standard of your driving, there are several specific offences you should know about.
Driving under the influence
It’s a serious offence to drive if you’re over the legal limit for alcohol (ie ‘drink driving’). The alcohol limits are different in England and Wales from Scotland (which has a lower limit).
It is illegal to drive with certain levels of certain illegal drugs in your bloodstream, even if your driving ability has not been impaired. Driving with legal or illegal drugs in your system can also be illegal if it has made you unfit to drive. In Scotland, there is an additional zero-tolerance rule under which anyone who takes illegal drugs and drives commits an offence.
Penalties are severe and can include an unlimited fine, a driving ban, and even imprisonment.
Using a phone or sat nav while driving
It is illegal to hold and use a phone, sat nav, tablet, or other similar device while driving, even while stationary at traffic lights or in a traffic jam. These are exceptions, for example, if a phone is being used to call the emergency services and it is unsafe or impractical to stop.
Penalties for this offence can include penalty points, fines, and driving bans.
Not wearing a seatbelt
All drivers must wear a seatbelt unless they have a valid exemption (eg when reversing, driving while delivering goods with less than 50 metres between stops, or if you’re a licensed taxi driver who is carrying passengers).
Drivers are also responsible for ensuring that any children in their vehicles are in the correct car seats and are wearing seatbelts. For more information on what car seat is correct, see the government’s guidance on child car seats.
Failure to comply can result in fines.
Driving without insurance or without an MOT
Driving on public roads without insurance is an offence. All drivers must have third-party insurance, at minimum.
It’s also illegal to drive or park your vehicle on a public road if it doesn’t have an MOT, unless you’re driving the vehicle to a pre-arranged MOT test or to get it repaired.
Penalties for these offences can include fines and disqualification from driving.
What are the penalties for road traffic offences?
The penalties for a driving offence depend on its severity. They are designed to deter unsafe driving and can have a significant impact on your licence and finances. The main types of penalties are:
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penalty points - endorsements on your driving licence that stay on your record for four or 11 years
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fines - these can be a fixed amount for minor offences or can be unlimited if decided by a court
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driving disqualifications - a court can ban you from driving for serious offences or if you build up too many penalty points
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imprisonment - in the most serious cases, such as those that cause a death, a road traffic offence can lead to a prison sentence
What happens if I get a penalty for a driving offence?
The way a penalty is given depends on the offence and the circumstances.
Fixed Penalty Notices (FPNs)
For many minor offences, like speeding or failing to wear a seatbelt, you’re likely to be given an FPN. The standard penalty is often a £100 fine and 3 points on your licence. You can either accept the penalty or choose to dispute the offence in court. For some speeding offences, you may be offered a speed awareness course as an alternative to receiving penalty points.
Tallying up points and getting disqualified
If you accumulate 12 or more penalty points within three years, you’ll be disqualified from driving under the 'totting up' system. This usually results in a ban of at least six months. After the ban, you’ll have to reapply for your licence.
For new drivers, the rules are much stricter. If you get six or more penalty points within two years of passing your first driving test, your licence will be cancelled. You’ll have to apply for a new provisional licence and pass both the theory and practical tests again to get a full licence back.
Going to court
For more serious offences, or if you decide to plead not guilty to an FPN, your case will be heard in court. The courts have the power to impose much larger fines, more penalty points, and longer driving bans. For the most severe offences, such as causing death by dangerous driving, the maximum penalty is life imprisonment.
How can driving convictions be defended?
You don't have to automatically accept a penalty for a driving offence. If you receive an FPN, you have the right to plead 'not guilty'. This means your case will go to court, where you can present your defence. Be aware that if you lose in court, the penalty is often more severe than the original FPN.
Potential defences can include:
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proving you weren't the driver at the time
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highlighting procedural mistakes (eg incorrect road signs or a faulty speed camera)
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arguing there were 'special reasons' for the offence (eg driving in a genuine emergency)
For other types of penalties, like parking tickets, there are often specific appeal processes. For more information, read Car parking fines and appealing them.
If you have any questions or are considering an appeal against a road traffic offence, you can Ask a lawyer for advice.
