Road Sense - Staying Safe and Keeping Legal

Drink driving

Alcohol seriously impairs your judgement, co-ordination and reactions. It can make you a hazard to yourself, your passengers, other road users and pedestrians, which is why drink driving is such a serious offence.

The limits:

Alcohol in the body can be measured in the breath, blood or urine. You will be found guilty of drink-driving if you have more than:

• 35 micrograms of alcohol in 100 millilitres of breath
• 80 milligrams of alcohol in 100 millilitres of blood
• 107 milligrams of alcohol in 100 millilitres of urine

Remember that different drinks contain different amounts of alcohol, and lots of different factors can affect how quickly your body absorbs what you drink. This means that one pint might have a stronger effect on you than somebody else. So if you're unsure how much you've had, don't drive. Ideally, if you've enjoyed a drink don't get behind the wheel at all. As for sobering up, give yourself at least an hour for every half-pint you've had - but even then the smart move is to stay out of the driving seat.

Remember, -?Low Alcohol- drinks may not be as low as you think, so check the label for the strength, or you may end up over the limit for driving. If a beer or wine is sold as low alcohol its alcoholic strength must not be more 1.2%. If it is sold as -?alcohol free- you should be safe.

The penalties

If you exceed the above limits you will automatically be given a minimum one year disqualification. Another offence within 10 years will result in a minimum disqualification of three years and the possibility of a much larger ban.

The tests

In order to check whether you have more than the permitted amount of alcohol in your body, the police will carry out a roadside breath test.

• The police can breathalyse anyone whom they reasonably suspect of driving with excess alcohol in the body, who is committing a moving traffic offence, or has been involved in a road accident, however minor, even if there is no suspicion of alcohol.
• If the test is positive, you will be arrested and taken to a police station for a further breath test, or sometimes a blood or urine test.
• The police assume that you are guilty of drunk driving unless you can provide evidence that proves you are not, for example a breath or blood test. If you refuse to take a test, you will be charged with drunk driving which will mean disqualification from driving for at least a year, and a heavy fine from the courts.

Drug driving

• Different drugs have different effects, but all drugs affect a driver's judgement, focus and response times. Skin and urine tests can detect the presence of drugs in a driver's body, but this does present difficulties as some drugs (such as cannabis) remain detectable for up to 30 days.
• Prescribed and over-the counter medication can also have an effect, so always read the label or consult your doctor before getting behind the wheel.
• Officers are trained to pick up on signs of drug misuse (ie pupil dilation, drowsiness or restlessness) and can request you perform certain simple tasks at the roadside to test your co ordination.
• The police will prosecute you if you are unfit to drive because of drugs.

Speeding

• Speeding is an absolute offence. This means it is no defence to say that you were driving at 100mph but remained in cool control, or that you didn't realise you were breaking the speed limit.
• All drivers that first pass a driving test and subsequently reach 6 or more penalty points within two years of passing, will have their driving licence automatically revoked (taken away). If this happens to you, you'll have to obtain another provisional licence, drive as a learner and retake the theory and practical test in order to get your licence back. Remember - it can only take one driving offence to lose your licence. And you'll still have those points on your new licence if you pass your re-take.

Seatbelts and Crash Helmets

• Where fitted, drivers and both front and rear seat passengers must wear seat belts. If you are injured in an accident and were not wearing a seat belt, a court is likely to judge that you have contributed to your own injuries, and any damages that you might be awarded will be significantly reduced.
• If a passenger in your car does not wear a belt, it is he or she who will be prosecuted. But if the passenger is under 14, it is your responsibility to see that a seat belt is worn.
• Motorcyclists and their pillion passengers must wear an approved safety helmet on all journeys. If the skin on the helmet is damaged (e.g. by scratching a slogan or removing a sticker) it may not protect you properly in an accident. Visors must conform to current regulations.

There are no laws about clothing, but you will be safer and more comfortable if you wear warm protective clothing and gloves when motorcycling. You may know how painful it is to have gravel rash when falling from a bicycle at 10mph; imagine falling from a motorcycle at 60mph! Motorcyclists should also help other road users to see them by using dipped beam headlights where practical and by wearing bright colours.

Roadworthiness

• Every vehicle on the road must meet a certain standard of roadworthiness, as set out by the law. These regulations cover brakes, tyres, lights, steering, mirrors and even windscreen washer bottles.
• A police officer may stop a vehicle to check that it is in a roadworthy condition. Claiming that you had no idea that your headlamps were on the blink is no excuse. Like speeding, these are absolute offences.
• If the Police believe your vehicle is unroadworthy, they may prosecute you or they may insist that you have it checked and repaired by a garage (usually within 14 - 21 days). Providing defects are corrected in time, no further action is likely to be taken.
• If the officer feels your vehicle is so dangerous that someone could be injured if it is driven, he or she can order you not to drive it any further and even prosecute you in court for driving it in the first place.

Driving Badly

If you are seen by the police to be driving carelessly or dangerously, or have been involved in an accident as a result of your road conduct, you may be charged with one of two offences:

• Careless driving: This means driving in a way that the police do not consider to be how a careful and reasonable driver should behave. For example, pulling out from a side road without looking, or driving down the hard shoulder.
• Dangerous driving: If you're caught driving in a way that is hazardous to people or property. For example, driving very fast through a built up area, or overtaking on a sharp bend. Dangerous driving and causing death by dangerous driving are very serious offences, punishable by heavy fines, disqualification and even imprisonment.

Mobile Phones It is a specific offence to use a hand-held phone, or similar device, when driving. The penalty is a £30 fixed penalty or up to £1,000 on conviction in court (£2,500 for drivers of goods vehicles, buses or coaches). Drivers still risk prosecution (for failure to have proper control) if they use hands-free phones when driving.