Forum menu
it’s not clear what other purpose a very short ban can serve. It clearly can’t be for protection of public, restitution or rehabilitation.
It makes it clear that driving a car is a licensed privilege that can be revoked if the terms of the licence are not upheld, and it is a starting point on a scale whereby if you keep abusing the licence then you’ll eventually lose it entirely.
I’ve always been of the opinion that this loss of licence should be an important part of a “punishment fits the crime” approach that recognises that most driving offences aren’t due to active criminal malice but to wilful disregard of the responsibilities of piloting a ton of metal at speed. (Clearly, using a car as a weapon isn’t a matter of casual incompetence, but of psychological unsuitability for that responsibility in the first place.)
I’d also like to see retesting used similarly: an alternative/complementary tool could be the requirement to sit a retest within a month or two in order to retain a licence.
But then that’s still not as good as making it compulsory for everyone to do that to renew their licence every five years, including full testing on any changes to legislation and/or the Highway Code in the intervening time. I find it curious that driving schools aren’t lobbying for it.
Probably because it would be an administrative nightmare, they just had to scrap trailer tests because they couldn't resource them.
Don't get me wrong it's not without its merits and something that, in an ideal world, would be more than welcome.
It makes it clear that driving a car is a licensed privilege that can be revoked if the terms of the licence are not upheld, and it is a starting point on a scale whereby if you keep abusing the licence then you’ll eventually lose it entirely. I’ve always been of the opinion that this loss of licence should be an important part of a “punishment fits the crime” approach
Absolutely but lets be clear very short bans are about punishment, not any of the other purposes of sentencing.
that recognises that most driving offences aren’t due to active criminal malice but to wilful disregard of the responsibilities of piloting a ton of metal at speed. (Clearly, using a car as a weapon isn’t a matter of casual incompetence, but of psychological unsuitability for that responsibility in the first place.)
I’d also like to see retesting used similarly: an alternative/complementary tool could be the requirement to sit a retest within a month or two in order to retain a licence.
I would be a strong advocate for this. The spectrum of options open to courts is not that great: fine, fine + pts, fine + bad, fine + ban&retest, custody/community payback. None of those is actually about making the driver safer or addressing the underlying behaviour. There's an irony that the police can offer courses but the courts cannot. I don't think a 1/2 day in a classroom is going to help in a lot of cases but 2 days with a mix of classroom and behind the wheel stuff could be *part of* an overall sentence in cases where a ban for < 6 months might be considered at the moment.
But then that’s still not as good as making it compulsory for everyone to do that to renew their licence every five years, including full testing on any changes to legislation and/or the Highway Code in the intervening time.
I'm not actually convinced this is supported by evidence - if it was insurers would offer discounts to drivers who did refreshers rather than based on the time period since you sat your test.
I find it curious that driving schools aren’t lobbying for it.
Most driving instructors are small independents, and all are very busy just now. The large schools are essentially the sort of organisation (e.g. AA) that generally oppose anything that might inconvenience some of their members!
Apologies if this has been posted.
Can I suggest:
1. Read this The secret barrister And gain some understanding of the judicial system.
2. Having read this, recognise judges can only sentence according to sentencing guidelines, if you’re not happy then write to your MP.
but lets be clear very short bans are about punishment, not any of the other purposes of sentencing.
Not at all. There are many reasons.
I'm a big fan of the regular retest idea. It could be a decent cash cow for the government too. And the primary way it could happen is to start off with new drivers and issue them with a 5/10 year licence that can only be renewed with a retest. Easy. Then roll it up through experience levels for existing drivers.
Car manufacturers won't like it though.
I’m not actually convinced this is supported by evidence – if it was insurers would offer discounts to drivers who did refreshers rather than based on the time period since you sat your test.
What, like IAM discounts? They do.
What, like IAM discounts? They do.
Fair point - I had forgotten about IAM, probably because its 20 years since I've been asked if I had one (suggesting perhaps insurers aren't that keen?) but it seems the discount may be less than you think https://www.gocompare.com/motoring/guides/advanced-driving-courses/ - whereas if I've held a license for 10 yrs I'll pay less then if I held it for 2 yrs... and the older your get roughly the cheaper it gets too so insurance stats are presumably not saying 50 yr olds who haven't sat a test for 30 yrs are more likely to be involved in a serious accident?
Your rolling introduction is probably the only way it could be done - but it takes 30 yrs for even half of drivers to have to renew, by which time autonomous driving may be widespread anyway.
Not at all. There are many reasons.
Here are the 5 accepted purposes of sentencing in E&W (similar but slightly diff words in Scotland):
a) the punishment of offenders;
b) the reduction of crime (including its reduction by deterrence);
c) the reform and rehabilitation of offenders;
d) the protection of the public; and
e) the making of reparation by offenders to persons affected by their
offences.’
Which of those would a 1 day ban achieve? 1 week ban might start to be deterrence but you'd still have to expect to be caught, I'm not sure - I'm also not sure the mechanics for how you make 100% sure that the driver knows they are banned TODAY - normally bans are handed out face to face in court. There's no problem with it just being for punishment but its not going to make our roads safer. In fact a 1 day ban is probably less of a hassle for many than having to go and do a 1/2 day speed awareness course!