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1. Careless driving - Road Traffic (Jersey) Law 1956, Art 25
Maximum: £1,000 fine
May endorse and may disqualify. Must order retest if disqualified.
Offence seriousness
(culpability and harm)
A. Identify the
appropriate starting point
Starting points
based on first time offender pleading guilty
|
Examples of nature
of activity
|
Starting
point
|
Range
|
Disqualify/Endorse
|
A
|
Momentary lapse of
concentration or misjudgment at low speed
|
£300
|
£200 - £400
|
No
|
B
|
Loss of control due
to speed, mishandling or insufficient attention to road conditions, or carelessly turning right across on-coming
traffic
|
£500
|
£400 - £600
|
Consider
|
C
|
Overtaking manoeuvre
at speed resulting in collision of vehicles, or driving bordering on the dangerous
|
£800
|
£600 - £1000
|
1 – 6 months
|
Offence seriousness
(culpability and harm)
B. Consider the
effect of aggravating and mitigating factors
(other than those
within examples above)
The following may
be particularly relevant but these lists are not exhaustive
|
Factors
indicating higher culpability
1. Excessive speed
2. Carrying out other tasks while
driving
3. Carrying passengers or heavy
load
4. Tiredness
5. Adverse weather
6. Poor road conditions
7. Defective vehicle
Factors
indicating greater degree of harm
1. Injury to others
2. Damage to other vehicles or
property
3. High level of traffic or
pedestrians in vicinity
4. Location, e.g. near school when
children are likely to be present
|
Factors
indicating lower culpability
1. Minor risk
2. Sudden change in road or
weather conditions
Factors
indicating lesser degree of harm
1.
Gave assistance to
injured person
|
Form a preliminary
view of the appropriate sentence,
then consider offender mitigation
|
Consider
endorsement or disqualification - must order retest if disqualified
|
Note
The question of the lack of
experience of the driver may be raised. It will be necessary in each case to consider whether this is a mitigating or an
aggravating factor.
2. Construction and Use/Lighting (Goods vehicle or adapted to carry more than 8 passengers) - Road Traffic (Jersey) Law
1956, Art 77
Maximum: Level 4 fine
May disqualify or endorse in certain cases, but not for a first lighting offence. See Schedule 1, Parts D2 and D3.
Offence seriousness
(culpability and harm)
A.
Identify the appropriate starting point
Starting points
based on first time offender pleading guilty
|
Examples of nature
of activity
|
Starting
point
|
Range
|
Disqualify/Endorse
|
A
|
Minor lighting or
mechanical defect
|
£200
|
£100 - £300
|
Consider
|
B
|
More serious
lighting or mechanical defect
|
£400
|
£300 - £500
|
Consider
|
C
|
Defect causing
danger
|
£1,000
|
£750 -
£1,250
|
Consider
|
Offence seriousness
(culpability and harm)
B.
Consider the effect of aggravating and mitigating factors
The following may
be particularly relevant but these lists are not exhaustive
|
Factor
indicating higher culpability
1.
Multiple defects
2.
Heavy load or passengers actually
being carried
3.
Commercial advantage gained
4.
Risk of accident/Accident
caused
5.
Driving at night with defective
lighting
Factors
indicating greater degree of harm
1.
Injury or risk of injury to other
road users
|
Factor
indicating lower culpability
1.
Short distance driven
2.
Vehicle now repaired/scrapped
Factor
indicating lesser degree of harm
1. Gave assistance to injured
person
|
Form a preliminary
view of the appropriate sentence,
then consider offender mitigation
|
Consider
endorsement/disqualification (See Schedule 1 Part D)
|
Notes
- Each offence should be identified in a detailed DVS report. The more serious offences relate to load, steering, brakes, bodywork and tyres.
- Where both an employer and an employee have been charged, the guideline sentence for the employee may be reduced by as much as half, unless there is evidence of the employee having specific responsibility.
- In all cases the totality of fines must be considered, taking an overall view of the seriousness of the case.
3. Construction and Use/Lighting (Ordinary vehicle) - Road Traffic (Jersey) Law 1956, Art 77
Maximum: Level 3 fine
May disqualify or endorse in certain cases, but not for a first lighting offence. See Schedule 1, Parts D2 and D3.
Offence seriousness
(culpability and harm)
A.
Identify the appropriate starting point
Starting points
based on first time offender pleading guilty
|
Examples of nature
of activity
|
Starting
point
|
Range
|
Disqualify/Endorse
|
A
|
Minor lighting or
mechanical defect
|
£150
|
£100 - £200
|
Consider
|
B
|
More serious
lighting or mechanical defect
|
£300
|
£200 - £400
|
Consider
|
C
|
Defect causing
danger
|
£500
|
£400 - £600
|
Consider
|
Offence seriousness
(culpability and harm)
B.
Consider the effect of aggravating and mitigating factors
The following may
be particularly relevant but these lists are not exhaustive
|
Factor
indicating higher culpability
6.
Multiple defects
7.
Heavy load or passengers actually
being carried
8.
Commercial advantage gained
9.
Risk of accident/Accident
caused
Driving at night with defective
lighting
Factors
indicating greater degree of harm
2.
Injury or risk of injury to other
road users
|
Factor
indicating lower culpability
3.
Short distance driven
4.
Vehicle now repaired/scrapped
Factor
indicating lesser degree of harm
1. Gave assistance to injured
person
|
Form a preliminary view of the appropriate sentence,
then consider offender mitigation
|
Consider
endorsement/disqualification (See Schedule 1 Part D)
|
Notes
- Each offence should be identified in a detailed DVS report. The more serious offences relate to load, steering, brakes, bodywork and tyres.
- Where both an employer and an employee have been charged, the guideline sentence for the employee may be reduced by as much as half, unless there is evidence of the employee having specific responsibility.
- In all cases the totality of fines must be considered, taking an overall view of the seriousness of the case
4. Dangerous driving - Road Traffic (Jersey) Law 1956, Art 22
Maximum: 2 years and/or a fine
Must endorse and may disqualify. Must order retest if disqualified.
Offence seriousness
(culpability and harm)
A. Identify the
appropriate starting point
Starting points
based on first time offender pleading guilty
|
Examples of nature
of activity
|
Starting
point
|
Range
|
Disqualify
|
A
|
Single incident
where little or no damage or risk of personal injury or could be regarded as a serious example of careless
driving
|
£800
|
£600 - £1000
|
1-6 months
|
B
|
Incident(s)
involving excessive speed, showing off or significant risk to others, especially on busy roads or in built-up
area
|
3 months
|
1 – 6 Months
|
6 months – 2
years
|
C
|
Prolonged bad
driving or involving deliberate disregard for safety of others
|
9 months
|
6 – 12 months
|
2 – 3 years
|
Offence
seriousness (culpability and harm)
B.
Consider the effect of aggravating and mitigating factors
(other
than those within examples above)
The following may
be particularly relevant but
these lists are not exhaustive
|
Factors
indicating higher culpability
1. Disregarding warnings of
others
2. Evidence of alcohol or
drugs
3. Carrying out other tasks while
driving
4. Carrying passengers or heavy
load
5. Tiredness
6. Aggressive driving, such as
driving much too close to vehicle in front, racing, inappropriate attempts to overtake, or cutting in after
overtaking
7. Driving when knowingly
suffering from a medical condition which significantly impairs the offender’s driving skills
8. Driving a poorly maintained or
dangerously loaded vehicle, especially where motivated by commercial concerns
9. Lengthy episode
10. Disqualified driver
11. Avoiding arrest
Factors
indicating greater degree of harm
1. Injury to others
2. Damage to other vehicles or
property
|
Factors
indicating lower culpability
1. Genuine emergency
2. Speed not excessive
Factors
indicating lesser degree of harm
1. Gave assistance to injured
person
|
Form a preliminary
view of the appropriate sentence,
then consider offender mitigation
|
Must
endorse and may disqualify - must order retest if disqualified
|
Note
The question of the lack of experience of the driver may be raised. It will be necessary in each case to consider whether this is a mitigating or aggravating factor
5. Driving License, forgery etc. - Road Traffic (Jersey) Law 1956, Art 18
Maximum: £2,000 and/or 2 years – Art 18(1)
£1,000 fine – Art 18(2)
May not endorse or disqualify.
Offence seriousness
(culpability and harm)
A. Identify the
appropriate starting point
Starting points
based on first time offender pleading guilty
|
Examples of nature
of activity
|
Starting
point
|
Range
|
A
|
Makes a false
statement to obtain a licence – Art 18(2)
|
£400
|
£300 - £500
|
B
|
Makes, forges,
alters with intent to deceive – Art 18(1)
|
1 month
|
£500 – 6
months
|
Offence seriousness
(culpability and harm)
B.
Consider the effect of aggravating and mitigating factors
The following may
be particularly relevant but these lists are not exhaustive
|
Factor
indicating higher culpability
1.
Commercial benefit
2.
Lent to/used by disqualified
driver
3.
Used as form of
identification
Factors
indicating greater degree of harm
1.
|
Factor
indicating lower culpability
1.
The information in question was not
relevant to obtaining a licence
Factor
indicating lesser degree of harm
1.
Did not actually drive
|
Form a preliminary
view of the appropriate sentence,
then consider offender mitigation
|
6. Drive whilst disqualified - Road Traffic (Jersey) Law 1956, Art 15(4)(b)
Maximum: 12 months or £2,000 or both.
May endorse and may disqualify. No power to order the test to be retaken though such an order may already be in existence.
A. Identify the
appropriate starting point
Starting points
based on first time offender pleading guilty
|
Examples of nature
of activity
|
Starting
point
|
Range
|
Disqualify/Endorse
|
A
|
Driving without a
provisional licence/supervising driver but after the primary period of disqualification
|
2 months
|
1 – 3 months
|
Additional 1 - 6
months
|
B
|
Driving during the
primary period of disqualification
|
4 months
|
3 – 5 months
|
Additional 12 months
plus
|
B. Consider the
effect of aggravating and mitigating factors
The following may
be particularly relevant but these lists are not exhaustive
|
Factors
indicating higher culpability
1. Never passed test
2. Planned long-term
evasion
3. Vehicle obtained during
ban
4. Driving for
remuneration
Factors
indicating greater degree of harm
1. Distance driven
2. Evidence of associated bad
driving
3. Offender caused
accident
|
Factors
indicating lower culpability
1. Genuine reason why unaware of
continuing ban
2. Genuine emergency
established
|
Consider personal
mitigation
|
Consider endorsement and
disqualification
|
Note
- An offender convicted of this offence will always have at least one relevant previous conviction, for the offence that resulted in disqualification. The starting points and ranges take this into account; any other previous convictions should be considered in the usual way.
- This offence will almost always also involve a charge of using without insurance and that has been factored into the above penalties, however always cross check the insurance guideline for impact of aggravating/mitigating factors and relevant convictions.
7. Unfit through drink or drugs - Road Traffic (Jersey) Law 1956, Art 27(1)
Maximum: £2,000 fine and/or 6 months
Must endorse and disqualify for at least 12 months and must order retest
Must disqualify for at least 3 years if offender has been convicted of a relevant offence in preceding 10 years and must order retest
If there is a delay in sentencing after conviction, consider interim disqualification
Note: the final column below provides guidance regarding the length of disqualification that may be appropriate in cases to which the 3 year minimum applies. The period to be imposed in any individual case will depend on an assessment of all the relevant circumstances, including the length of time since the earlier ban was imposed and the gravity of the current offence.
If there is a delay in sentencing after conviction, consider interim disqualification
Offence seriousness
(culpability and harm)
A. Identify the
appropriate starting point
Starting points
based on first time offender pleading guilty
|
Examples of nature
of activity
|
Starting
point
|
Range
|
Disqualification
|
Disqualification if
2nd offence in 10 years
|
A
|
Evidence of moderate
level of impairment and no aggravating factors
|
£600
|
£400 - £800
|
12 – 15
months
|
36 + months
|
B
|
Evidence of moderate
level of impairment and presence of one or more aggravating factors listed below
|
£1,000
|
£800 - £1,200
|
15 – 18
months
|
36 + months
|
C
|
Evidence of high
level of impairment and no aggravating factors
|
2 months
|
1 – 3 months
|
18 – 24
months
|
42 + months
|
D
|
Evidence of high
level of impairment and presence of one or more aggravating factors listed below
|
4 months
|
3 – 5 months
|
24 + months
|
42 + months
|
Offence seriousness
(culpability and harm)
B. Consider the
effect of aggravating and mitigating factors
(other than those
within examples above)
The following may
be particularly relevant but these lists are not exhaustive
|
Factors
indicating higher culpability
1. LGV, HGV, PSV etc.
2. Poor road or weather
conditions
3. Carrying passengers
4. Driving for hire or
reward
5. Evidence of unacceptable
standard of driving
6. High likelihood of driving (In
Charge)
Factors
indicating greater degree of harm
1. Involved in accident
2. Location e.g. near
school
3. High level of traffic or
pedestrians in the vicinity
|
Factors
indicating lower culpability
1. Genuine emergency established
*
2. Very short distance driven
*
3. Low likelihood of driving (In
Charge)
* even where not amounting to
special reasons
|
Form a preliminary
view of the appropriate sentence,
then consider offender mitigation
|
Must
disqualify and must order retest
|
8. Drive without a licence/Employ an unlicensed driver - Road Traffic (Jersey) Law 1956, Art 4
Maximum: £500
May endorse and may disqualify.
Offence seriousness
(culpability and harm)
A. Identify the
appropriate starting point
Starting points
based on first time offender pleading guilty
|
Examples of nature
of activity
|
Starting
point
|
Range
|
Disqualify/Endorse
|
Equivalent
non-Jersey held or lapsed full Jersey licence
|
£200
|
£100 - £300
|
No/No
|
No licence
held
|
£300
|
£200 - £400
|
Consider
|
Offence seriousness
(culpability and harm)
B. Consider the
effect of aggravating and mitigating factors
(other than those
within examples above)
The following may
be particularly relevant but these lists are not exhaustive
|
Factors
indicating higher culpability
1. Never taken test
2. Planned long-term
evasion
3. Driving for remuneration
4. If employment charge, employer made no
enquiry
Factors
indicating greater degree of harm
1. Distance driven
2. Evidence of associated bad
driving
3. Offender caused
accident
|
Factors
indicating lower culpability
1. Genuine emergency
established
2. Lawful driving experience
elsewhere
Factors
indicating lesser degree of harm
1.
Gave assistance
to injured person
|
Form a preliminary
view of the appropriate sentence,
then consider offender mitigation
|
Consider endorsement and
disqualification
|
9. Excess alcohol - Road Traffic (Jersey) Law 1956, Art 28(1)(a)
Maximum: £2,000 fine and/or 6 months
Must disqualify for at least 12 months and must order retest
Must disqualify for at least 3 years if offender has been convicted of a relevant offence in preceding 10 years and must order retest
If there is to be a delay in sentencing after conviction, consider interim disqualification
Note: the final column
below provides guidance regarding the length of disqualification that may be appropriate in cases to which the 3 year
minimum applies. The period to be imposed in any individual case will depend on an assessment of all the relevant
circumstances, including the length of time since the earlier ban was imposed and the gravity of the current
offence.
Offence seriousness
(culpability and harm)
A. Identify the
appropriate starting point
Starting points
based on first time offender pleading guilty
|
Level of
alcohol
|
Starting
point
|
Range
|
Disqualification
|
Disqual. 2nd offence
in 10 years
|
|
Breath (mcg)
|
Blood (ml)
|
Urine (ml)
|
A
|
36 - 49
|
81 – 114
|
110 – 152
|
£600
|
£400 - £800
|
12 – 15 months
|
36 + months
|
B
|
50 – 69
|
115 – 160
|
153 – 213
|
£1,000
|
£800 - £1,200
|
15 – 18 months
|
36 + months
|
C
|
70 – 86
|
161 – 199
|
214 – 266
|
2 months
|
1 – 3 months
|
18 – 24 months
|
36 + months
|
D
|
87 - 104
|
200 – 241
|
267 – 320
|
4 months
|
3 – 5 months
|
24 – 30 months
|
42 + months
|
E
|
105 +
|
242 +
|
321 +
|
5 months
|
4 – 6 months
|
30+ months
|
48 + months
|
Offence seriousness
(culpability and harm)
B. Consider the
effect of aggravating and mitigating factors
The following may
be particularly relevant but these lists are not exhaustive
|
Factors
indicating higher culpability
1. LGV, HGV, PSV etc.
2. Poor road or weather
conditions
3. Carrying passengers,
especially if children
4. Driving for hire or
reward
5. Evidence of unacceptable
standard of driving
6. Second or subsequent relevant
conviction
7. High likelihood of driving (In
Charge)
Factors
indicating greater degree of harm
1. Involved in accident
2. Location, e.g. near
school
3. High level of traffic or
pedestrians in the vicinity
|
Factors
indicating lower culpability
1. Genuine emergency established
*
2. Very short distance driven
*
3. Low likelihood of driving (In
Charge)
* even where not amounting to
special reasons
|
Form a preliminary
view of the appropriate sentence,
then consider offender mitigation
|
Must
disqualify and must order retest
|
10. Fail to give information to identify person in charge of vehicle - Road Traffic (Jersey) Law 1956, Art 86
Maximum: £500 fine
May not disqualify or endorse
Offence seriousness
(culpability and harm)
A.
Identify the appropriate starting point
Starting points
based on first time offender pleading guilty
|
Examples of nature
of activity
|
Starting
point
|
Range
|
A
|
Owner/person not
present at time of offence
|
£250
|
£200 - £300
|
B
|
Owner/person present
at time of offence
|
£350
|
£300 - £400
|
Offence seriousness
(culpability and harm)
B.
Consider the effect of aggravating and mitigating factors
The following may
be particularly relevant but these lists are not exhaustive
|
Factor
indicating higher culpability
1.
Seriousness of the underlying
offence
2.
The urgency of obtaining the
information
Factors
indicating greater degree of harm
1.
Accident with damage and/or
injury
|
Factor
indicating lesser degree of harm
1.
Gave assistance to injured
person
|
Form a preliminary
view of the appropriate sentence,
then consider offender mitigation
|
11. Fail to provide roadside specimen - Road Traffic (Jersey) Law 1956, Art 29(4)
Maximum: Level 2 fine.
May endorse or disqualify.
Offence seriousness
(culpability and harm)
A.
Identify the appropriate starting point
Starting points
based on first time offender pleading guilty
|
Examples of nature
of activity
|
Starting
point
|
Range
|
Disqualify/Endorse
|
A
|
Defendant refused
test when had honestly held but unreasonable excuse
|
£200
|
£100 - £300
|
Only in exceptional
circumstances
|
B
|
Deliberate refusal or
deliberate failure
|
£400
|
£300 - £500
|
Consider
|
Offence seriousness
(culpability and harm)
B.
Consider the effect of aggravating and mitigating factors
(other than those
within examples above)
The following may
be particularly relevant but these lists are not exhaustive
|
Factors
indicating higher culpability
1. Obvious state of
intoxication
2. LGV, HGV, PSV etc.
3. Driving for hire or
reward
|
Factors
indicating lower culpability
1. Genuine but unsuccessful
attempt to provide specimen
|
Form a preliminary
view of the appropriate sentence,
then consider offender mitigation
|
Consider
endorsement and disqualification
|
12. Fail to provide specimen for analysis - Road Traffic (Jersey) Law 1956, Art 30 (7)
Maximum: £2,000 fine and/or 6 months
Must disqualify for at least 12 months and must order retest
Must disqualify for at least 3 years if offender has been convicted of a relevant offence in preceding 10 years and must order retest
If there is a delay in sentencing after conviction, consider interim disqualification
Note: the final column
below provides guidance regarding the length of disqualification that may be appropriate in cases to which the 3 year
minimum applies. The period to be imposed in any individual case will depend on an assessment of all the relevant
circumstances, including the length of time since the earlier ban was imposed and the gravity of the current
offence.
Offence seriousness
(culpability and harm)
A. Identify the
appropriate starting point
Starting points
based on first time offender pleading guilty
|
Examples of nature
of activity
|
Starting
point
|
Range
|
Disqualification
|
Disqual. 2nd offence
in 10 years
|
A
|
Defendant refused
test when had honestly held but unreasonable excuse
|
£800
|
£500 - £1200
|
12 - 18 months
|
36 + months
|
B
|
Deliberate refusal
or deliberate failure
|
3 months
|
2 - 4 months
|
18 – 24
months
|
36 + months
|
C
|
Deliberate refusal
or deliberate failure where evidence of serious impairment
|
5 months
|
4 – 6 months
|
30 – 36
months
|
42 + months
|
Offence seriousness
(culpability and harm)
B. Consider the
effect of aggravating and mitigating factors
(other than those
within examples above)
The following may
be particularly relevant but these lists are not exhaustive
|
Factors
indicating higher culpability
1. Evidence of unacceptable
standard of driving
2. LGV, HGV, PSV etc.
3. Obvious state of
intoxication
4. Driving for hire or
reward
Factor
indicating greater degree of harm
1. Involved in accident
|
Factor
indicating lower culpability
1.
Genuine but
unsuccessful attempt to provide specimen
2.
Misplaced sense of
outrage of person who has not been driving or not been drinking
|
Form a preliminary
view of the appropriate sentence,
then consider offender mitigation
|
Must disqualify and must
order retest
|
Note
Where one reading is available this may be relevant as a guide to the level of consumption.
13. Fail to stop/report road accident - Road Traffic (Jersey) Law 1956, Art 52
Maximum:6 months and/or a fine
May endorse and may disqualify. No power to order a retest.
A.
Identify the appropriate starting point
Starting points
based on first time offender pleading guilty
|
Examples of nature
of activity
|
Starting
point
|
Range
|
Disqualify/Endorse
|
A
|
Minor damage/no
injury or stopped at scene but failed to exchange particulars or report
|
£400
|
£200 - £600
|
No/Consider
|
B
|
Moderate damage/minor
injury or failed to stop and failed to report
|
£1,000
|
£600 – 1 month
|
1 – 12 months
|
C
|
Serious damage/more
than minor injury and/or evidence of bad driving
/evidence of drink or
drugs/evasion of test, e.g. time of night/location
|
3 months
|
2 – 4 months
|
12 months plus (up
to and including drink-drive level)
|
B.
Consider the effect of aggravating and mitigating factors
(other than those
within examples above)
The following may
be particularly relevant but these lists are not exhaustive
|
Factors
indicating higher culpability
1. Knowledge/suspicion that
personal injury caused
(where not an element of the offence)
2. Leaving injured party at
scene
3. Giving false details or
vehicle not registered correctly
4. Extent of any damage to
vehicle or to 3
rd party property
|
Factors
indicating lower culpability
1. Believed identity known
2. Genuine fear of
retribution
3. Subsequently reported
|
Consider personal
mitigation
|
Consider
endorsement and disqualification
|
Note
Statutory defence in Article 52(2).
A person shall not be convicted of an
offence under this Article if he or she proves to the satisfaction of the court that his or her failure to comply with the
provisions thereof was not with the intent of avoiding any civil or criminal liability arising out of the accident.
14. Fail to stop for officer/give name and address - Road Traffic (Jersey) Law 1956, Art 51
Maximum: £500 fine – Art 51(1), £1,000 fine – Art 51(2) [Dangerous/careless driving]
May not disqualify or endorse
Offence seriousness
(culpability and harm)
A.
Identify the appropriate starting point
Starting points
based on first time offender pleading guilty
|
Examples of nature
of activity
|
Starting
point
|
Range
|
A
|
Fail to stop when
required by a police or traffic officer – Art 51(1)
|
£250
|
£200 - £300
|
B
|
Refuse to give
information – Art 51(2)
|
£500
|
£400 - £600
|
C
|
Give false
information - Art 51(2)
|
£600
|
£500 - £700
|
Offence seriousness
(culpability and harm)
B.
Consider the effect of aggravating and mitigating factors
The following may
be particularly relevant but these lists are not exhaustive
|
Factor
indicating higher culpability
1.
Seriousness of the underlying
offence – Art 51(2)
2.
Gave false name and/or
address
3.
Intention to avoid liability
4.
Officer in full uniform and clearly
visible
Factors
indicating greater degree of harm
1.
Accident with damage and/or
injury
2.
People put at risk at the time of
moving off
|
Factor
indicating lower culpability
1.
Factor
indicating lesser degree of harm
1. Gave assistance to injured
person
|
Form a preliminary
view of the appropriate sentence,
then consider offender mitigation
|
15. Insurance, driving without - Motor Traffic (Third Party Insurance) (Jersey) Law 1948, Art 2(1)
Maximum: 18 months and/or £2,000 fine
May endorse or disqualify. No power to order a retest.
Offence seriousness
(culpability and harm)
A.
Identify the appropriate starting point
Starting points
based on first time offender pleading guilty
|
Examples of nature
of activity
|
Starting
point
|
Range
|
Disqualify/Endorse
|
A
|
Technical offence,
e.g. where a vehicle is left on the road or in a public car park but not driven
|
£150
|
£100 - £500
|
No
|
B
|
Negligent as to
whether insured
|
£750
|
£500 - £1,000
|
Consider/Yes
|
C
|
Highly negligent as
to whether insured or deliberately driving whilst uninsured
|
1 month
|
£1,000 – 3
months
|
3 – 6 months
|
B.
Consider the effect of aggravating and mitigating factors
(other than those
within examples above)
The following may
be particularly relevant but these lists are not exhaustive
|
Factors
indicating higher culpability
1. Never passed test
2. Gave false details
3. Driving LGV, HGV, PSV
etc.
4. Carrying passengers
5. Driving for hire or
reward
6. Evidence of sustained
uninsured use
7. Made no proper enquiry as to
the existence of insurance
Factor
indicating greater degree of harm
1. Involved in accident
2. Accident resulting in
injury
|
Factors
indicating lower culpability
1. Responsibility for providing
insurance rests with another
2. Genuine misunderstanding
3. Recent failure to renew or
failure to transfer vehicle details where insurance was in existence
|
Consider endorsement and
disqualification
|
Note
A disqualification of more than 6 months may be appropriate where there is evidence of sustained uninsured use.