KNOW YOUR RIGHTS A


Standard of driving was just below threshold for dangerous driving and/or includes extreme example of a culpability B factor


B l


Unsafe manoeuvre or positioning


l Engaging in a brief but avoidable distraction l


Driving at a speed that is inappropriate for the prevailing road or weather conditions


l Driving impaired by consumption of alcohol and/or drugs l


l


Driving vehicle which is unsafe or where driver’s visibility or controls are obstructed


Driving impaired as a result of a known medical condition and/or in disregard of advice relating to the effects of medical condition or medication


l Driving when deprived of adequate sleep or rest l


C l


The offender’s culpability falls between the factors as described in culpability A and C


Standard of driving was just over threshold for careless driving


l Momentary lapse of concentration


Mr A is driving on a country lane and overtakes a vehicle at excess speed on a blind bend. Another vehicle approaches on the opposite side of the road and out of pure luck, manages to swerve and avoid a collision with Mr A. This standard of driving has clearly caused significant danger, but under the old guidelines there is only culpability. As Mr A managed to avoid a collision through no fault of his own, there is no harm. So he would be placed in category 2 and receive 5/6 points.


Compare this with Mr B. Mr B is a private hire driver and takes his passenger to their destination. Upon pulling over to the side of the road, he has a minor collision at slow speed with a parked vehicle. Even though no danger has been caused and this is clearly a minor offence, because there is damage and because he is a private hire driver, there is both harm and culpability, so he is placed in Category 1 and would receive 7-9 points or even a ban.


Clearly here there was an element of unfairness. Mr A’s sentence depends not on his driving, but because the other driver managed to swerve and avoid a collision. So through another driver’s evasive manoeuvre, he is Cat 2 rather than Cat 3. Whereas that cannot apply to Mr B as he is automatically deemed culpable simply because he is a private hire driver.


As you can see, there are still 3 categories and the penalty points are still the same (Cat A is 7-9 points or a ban, Cat B is 5-6 points and Cat C is 3-4 points), but being a professional driver is no longer a factor to be considered.


Harm is also no longer a consideration for penalty points – but instead is simply a factor to determine the appropriate level of fine (if there has been a collision the driver may receive a higher fine, but no additional penalty points).


Putting the new guidelines into practice


The main reason for the change was to remove perceived elements of unfairness for professional drivers, and for drivers who managed to avoid a collision through no fault of their own. This can be shown in the two hypothetical (but very real) examples which follow:


PHTM JULY 2025 The new guidelines have rectified this.


Mr A’s driving would now likely be considered: “just below the threshold for dangerous” and be considered as category A – 7/8/9 points. Whereas Mr B’s driving would now be considered as a minor misdemeanour, category C and only 3 or 4 points – or even a driver improvement course instead of prosecution.


It’s not often the law changes in favour of the professional driver, but this is one of those rare occasions.


If you currently have a case against you or are ever accused of driving without due care and attention, please do call us for free legal advice on 01626 359800 or you can email: advice@pattersonlaw.co.uk.


We are currently dealing with cases based on these new guidelines and mitigating in court to ensure the court is imposing the correct sentences to ensure fairness for all professional drivers.


65


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68  |  Page 69  |  Page 70  |  Page 71  |  Page 72