New sentencing guidelines for careless driving offences, which came into effect on 1st July, pose an increased legal risk for fleets, according to LMP Legal.
Drivers can now be issued bans of up to 56 days for mid-level careless driving offences, even when injuries are not caused and there is no intent, increasing the risk of fleets losing key drivers with little warning.
Vehicle condition is now also a factor in sentencing, with harsher punishments possible when poor maintenance is found to contribute to the offence, even when it is not the primary cause.
Charlotte Le Maire, barrister and transport defence specialist at LMP Legal, said: “These changes raise the bar for legal risk across the fleet sector.
“A single lapse such as failing to indicate, tailgating in traffic, or adjusting in-cab tech, can now lead to prosecution, fines, or a driving ban.
“And drivers don’t need to intend to do wrong to be penalised.”
The maximum fine for careless driving offences also moves up to Band D, 250% of weekly income.
Professional drivers are now more likely to receive harsher penalties, as driving for commercial purposes is now considered an explicit aggravating factor.
Le Maire said: “For commercial drivers under pressure, or those covering tight delivery schedules, the implications are real.
“Fleets must ensure their policies, driver briefings, and post-incident protocols are up to date, or risk operational disruption and reputational harm.”
Police can question and caution drivers at the scene of an accident, without legal representation, with the driver’s account impacting any criminal case against them or their employer greatly.
