The proposals would effectively link up all EU member states databases to give foreign Police powers to pursue fines from offenders that live abroad. The proposals have a number of administrative and legal issues, for example, what would be the legal process for someone looking to appeal.

Further changes to this area of law are being introduced incrementally and we shall keep you up to date on this as the changes arise.

Please do not be misled by reports in the media that suggest that there is no longer a defence available if you do not know who was driving. There is still a valid defence that you do not know and could not reasonably find out. The rationale behind increasing this punishment appears to be to try and force people to accept punishment irrespective of whether they know who was driving, which flies in the fact of the penalty points system being designed to improve road safety.

If you find yourself in a position where you are faced with an alleged offence and do not know who was driving at the time then we recommend you contact us immediately on 0800 2800 912 for advice on your legal rights and the best way forward.

Brief Facts of the Case:

PC Milton was at the time of the alleged offences a Police Officer serving with the West Mercia Constabulary.  He is a Grade 1 advanced police driver.

On the night of the 4th/5th December 2003 PC Milton drove an unmarked Vauxhall Vectra police vehicle during the early hours of the morning on the M54 at speeds of 148mph; on the A5 trunk road at an average speed of 114mph; and in a built up area at speeds of in excess of 60mph.  His reason for driving at these speeds were to familiarise himself with the vehicle, in accordance with his training as an advanced police driver.

All speeds were so far above the speed limits that both the speeding offences and dangerous driving charges were proceeded with.

Brief History of the Case:

The speeding offences were successfully defended on the basis that the police vehicle was being driven for police purposes.  That then left the charge of dangerous driving to be considered.  Originally, PC Milton was acquitted of dangerous driving, but the Director of Public Prosecutions appealed the Court’s decision.

The DPP’s Appeal was successful and the case was re-heard in the Magistrates’ Court.  Following that hearing, PC Milton was convicted of dangerous driving.

Following the re-hearing, PC Milton appealed to the High Court for a decision to be made on whether his driving ability could be taken into account when the Court decided whether or not his driving was dangerous.

The High Court’s Decision:

The key part of the Law that the Court considered is:

‘regard shall be had not only to the circumstances of which [the driver] could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.’

The question that was posed was:  Is someone’s superior driving skills a circumstance within their knowledge which should be taken into account?  The position of the Law previously was a definite ‘No’.  All the Court would look at is what the normal careful and prudent driver would think of the standard of driving.

The Court decided in this case that the fact that PC Milton was a Grade 1 advanced police driver was a circumstance that could be taken into account.  Effectively, the Court is saying is that some driving manoeuvres/conduct may be considered dangerous for a driver of ‘normal’ skill, but that it may not be the case for a driver of extreme ‘special skill’.  The Court did make a point of stating that this decision is not limited to police officers.  A civilian with equivalent high levels of driver training would be entitled to bring to the Court’s attention evidence of their superior driving skills if charged with dangerous driving.  It is then for the Court to decide whether that has any bearing on the individual facts of the case.

In future just holding a driving license will not be sufficient for anyone wishing to drive any of the above vehicles.
How will this affect me?

Those who hold either a bus or coach driving license would have to have the qualification as this became effective from 1 September 2008 however those with a LGV license must be qualified from 1 September 2009 to continue to drive.

In order to maintain your Driver CPC, all category C and D licence holders (this includes license categories C, C1, C1E and D, D1, DE, D1E) will be required to undertake 35 hours Periodic Training every 5 years.  However there are some exemptions to the requirement:

• Vehicles with a maximum authorised speed not exceeding 45km/h (27 mph).
• Vehicles undergoing road tests for technical development, repair or maintenance purposes, or of new or rebuilt vehicles which have not yet been put into service;
• Vehicles used in the course of driving lessons for any person wishing to obtain a driving licence or a CPC, as provided for in Article 6 and Article 8 (1);
• Vehicles used for non-commercial carriage of passengers or goods, for personal use;
• A vehicle carrying material or equipment to be used by the driver in the course of his or her work, provided that driving the vehicle is not the driver’s principal activity.

However these are not a complete list, but just some that would cover most situation for the non-professional driver, the complete list can be found at www.transportoffice.gov.uk/cpc.

What vehicles are covered?

Any lorry of 3.5 tons and upwards and minibuses with 9 seats or more are covered by Driver CPC.

Driver CPC will enable young people to enter these sectors in a safe and professional manner, from 18 years of age, subject to any licence restrictions for category D drivers.

The existing ‘Transport Manager’s CPC’ also known as the ‘Operator’s CPC’ is a separate qualification and anyone holding one, who still drives professionally as part of their job, will also need to hold a Driver CPC.