Is a Motoring Conviction A Criminal Conviction?

I was recently asked this question – do my motoring convictions count as criminal convictions?

The short answer is yes. If you are convicted of a motoring offence in Court you will have a criminal conviction. This applies to all motoring offences.

If you are given a fixed penalty notice (FPN) for a minor road traffic offence then that would NOT be recorded as a criminal conviction UNLESS you are given an FPN for a road traffic offence in Schedule 2 of the Road Traffic Offenders Act 1988, and your licence is endorsed. You will then be treated as having been convicted by a Court and also be subject to a rehabilitation period

DO I HAVE TO DECLARE A MOTORING CONVICTION

Our clients often worry about current or future employment, and whether a motoring conviction would be revealed during a criminal record check. This depends on the type of offence with which you are convicted – recordable or non recordable.

Recordable

A recordable offence is one where the police are required to keep a record on the police national computer system (PNC). These offences are revealed by a criminal record check. A motoring offence which would be included on such a check would be a conviction for drink driving.

Non-Recordable

A non recordable offence example is driving with no insurance. However, if convicted of a recordable offence alongside a non recordable, the non recordable offence will show on the police national computer.

Many convictions become spent after a period of time – meaning the full rehabilitation period has been reached and it no longer needs to be declared. A motoring offence is usually spent after 5 years (unless sentenced to a period in prison). If you receive a disqualification alongside the endorsement, the rehabilitation period will be still be 5 years or the length of disqualification if longer.

So in short, yes a motoring conviction can be a criminal conviction, it can be recorded on the police national computer and therefore can show up in a criminal record check.

If you have any questions relating to this or anything else relating to driving matters then please do not hesitate to contact us here or on 01926 886007.

Motoring

Motoring rules 2019

Are you up to speed on the new motoring rules that could affect your driving in 2019? Driving laws are always changing and adapting and 2019 will be no different. Here is a list of some rules to be aware of in the coming year.

Passing Cyclists

More and more people are using bicycles as their mode of transport. For health reasons, environmental reasons or financial reasons, we are seeing more cyclists on the roads. Therefore new rules could be introduced to tackle safety concerns of both motor vehicle drivers and cyclists.


According to cyclinguk.org cyclist deaths have reduced over the years with 101 being killed in 2017 compared to 2010-2014. But serious injuries have increased. To promote cycling as a safe travel option the Government are addressing concerns by considering new rules.


The changes to the Highway Code could include something called the ‘Dutch Reach’ where, instead of drivers opening their car door with the right hand, they use their left. This is said to force a set of responses such as reaching, swiveling and looking back, forcing the driver to then check carefully for oncoming cyclists. Also, drivers in Spain, Germany and France must leave a bigger distance of 1.5m passing distance for cyclists.

The Highway Code does address cyclists but it is considered necessary to make it clearer and for more consideration to be given in the future.

Smart Motorways

The changes in rules regarding smart motorways have been underway for some time. The Government are considering fines of up to £100 for motorists driving in lanes which have been closed on a smart motorway.

MOT Rules

Changes to the MOT came into force in May 2018 and will affect any MOT’s going forward. You can read our blog here.

Rules on Diesel Car Tax

New rules came into force in April of this year , which we wrote about here.

Instead of being fixed, Vehicle Excise Duty is now calculated based on the car’s carbon dioxide emission. This is something to take into consideration when purchasing a new car in 2019.

Happy driving and a wonderful 2019 and if you need to contact us you can do so here