Proposed Changes to Multiple Motoring Offences: A Consultation on the Law and the Penalties
On 16 February 2026, the Department for Transport issued an open consultation, proposing changes to current motoring offences, as well as the introduction of additional penalties for other offences. This blog seeks to summarise this consultation.
The Purpose of the Consultation
The base of much of the legislation on road safety is the Road Traffic Act 1988 and the Road Traffic Offenders Act 1988. There has been no comprehensive review of those laws until now. Society has changed dramatically since 1988, with internet communication being just one example. As a government we need to ensure that our laws keep pace with the times - The Department for Transport
The Aim
The aim of the consultation is four-fold:
- Bring [the offences] up to date
- Ensure that penalties are appropriate to the harm caused
- Ensure they act as a suitable deterrent
- Introduce new penalties for certain offences and other road traffic matters
The Relevant Offences
Seat Belt Usage
It has been mandatory since 1991 for drivers and passengers to wear a seat belt when travelling in any motor vehicle (subject to exceptions).
Current penalty: fixed penalty notice of £100 or, if the case goes to court, a maximum fine of £500
Proposed penalty: 3 penalty points to all drivers who fail to wear a seat belt or who fail to ensure that any child in the vehicle wears an appropriate child restraint (it should be noted that discussions surrounding the implementation of penalty points dates back to 2019 and are still yet to be imposed: JMW Solicitors Blog : Warning: drivers may face penalty points for not wearing seat belt!)
Drink and Drunk Driving
Whilst a revised approach to the length of disqualification periods for offences involving drink/ drugs is being discussed, for offences involving drink/ drugs, it is not just the penalties that are being re-considered.
The government is requesting consultation on:
- The introduction of a temporary licence suspension until attendance at court or a guilty plea, or bail pending forensic analysis being undertaken.
- Whether a person who is under investigation for a serious driving offence that leads to a fatality or serious injury should have their licence suspended until their first court appearance.
- Whether there should be a power to seize the vehicles of those arrested for drink and drug driving.
- The fitting of an alcohol ignition lock (alcolock) as part of the sentence.
- Alternative forensic testing procedures, such as testing oral fluid, saliva or sweat.
- Reviewing taking samples in hospitals, with the current requirement for permission from the individual to be given before a sample can be taken.
- Whether ‘random’ breath test checkpoints should be introduced
Failure To Stop and Report
Current penalty: 5-10 penalty points, disqualification for 6 to 12 months, up to a £5,000 fine, or up to 6 months’ imprisonment
Proposed penalty: at present, there are no specific proposed penalties, only that it is being considered whether they should be ‘increased’. Particularly, the government is considering an unlimited fine.
At present, the offence of failing to stop for police attracts a fine. Campaigners have argued that this offence should attract penalty points.
In instances resulting in death or serious injury, it is proposed that the statutory time limit of 6-months is increased.
Driving Unlicensed
Current penalty: a fine of up to £1,000, 3-6 penalty points, or disqualification
Proposed penalty: to include a maximum 12-month custodial sentence.
Driving Without Motor Insurance
Current penalty: an unlimited fine, 6-8 penalty points, or disqualification
Proposed penalty: at present, there are no specific proposed penalties, only that it is being considered whether they should be ‘increased’.
Additional Offences:
- Driving with no current keeper
- Driving with incorrect/altered/false number plates
- Driving with no current MOT
- Using a vehicle with no current vehicle tax
- The above carry very little penalty, however are often entwined with more serious offences, resulting in death or serious injury. For this reason the government are considering implementing:
- The power to seize: At present, the police have the power to seize a vehicle when someone is driving uninsured; it is proposed that this should be the case if someone commits one of 4 offences, as above.
- Penalty points
- In the most serious cases involving someone being killed or seriously injured by an unlicensed, uninsured or disqualified driver, the government feels that there should be an extended statutory time limit, to 18-months.
Fraud and obtain Motor Insurance
The offence of fraud to obtain motor insurance is punishable by way of imprisonment or a fine. There is no scope to impose penalty points or disqualification. The government are reconsidering this.
Speeding
The statutory time limit (6-months) for speeding commences from the date pf the offence (although some forces argue for commencement from the issuing of the conditional offer of fixed penalty).
This is being reconsidered. It is proposed that this should now commence once the driver’s details have been received. Not from the date of the offence.
How can we help?
The government are inviting your thoughts: Proposed changes to penalties for motoring offences - GOV.UK
Whilst we eagerly await the outcome of the Consultation, we want to remind you that our Specialist Motoring team have extensive experience in providing advice and guidance on the offences outlined above and various driving offences.
Talk to us
If you have received any correspondence in respect of the above offences or are concerned in general about driving offences, get in touch by calling 0345 872 6666 or use our online enquiry form to request a call back at your convenience.