PSNI could get power to issue FPN for careless driving

The Police Service of Northern Ireland (PSNI) is unique among other UK forces in that it does not currently have the legislation that creates a FPN for careless driving.

The consultation paper will also invite views on the introduction of Operation SNAP in Northern Ireland, which enables members of the public to submit dashcam footage showing careless driving or riding.

It is currently operated by a number of police forces across England and Wales with offences disposed of through either the offer of a driver improvement course or a FPN.

Ms Mallon said she was “shocked to learn” that more than 40 per cent of all cases coming to court were for motoring offences, including careless driving.

“I have made it clear that I take a zero tolerance approach to irresponsible behaviour on the roads and I am committed to working with partners to reduce the number of deaths and serious injuries across our roads network,” she said.

“Earlier this year I introduced legislation to tackle the damage caused by drink-drivers and also those who continue to use a hand-held mobile phone while driving; I am keen to bring forward further legislation that will deter poor driving behaviours and help to support our colleagues in the criminal justice sector.”

Ms Mallon added: “I was shocked to learn that about 42 per cent of all cases coming to our courts in Northern Ireland were for motoring offences including careless driving.

“I am committed to working with the Justice Minister and the PSNI to tackle this problem. The consultation that I am launching seeks views on proposals to reduce the number of minor motoring offences coming before our courts, deflecting police and prosecution resources away from more serious and contested criminal issues.”

The consultation proposes that the fixed penalty in Northern Ireland should be £100 and three penalty points for minor careless driving offences, with more serious offences still referred for consideration by the courts.

However, legislative change will be required to make careless driving a fixed penalty offence.

Ms Mallon said the submission of dashcam footage, “obtained safely and appropriately”, with the introduction of Operation SNAP in Northern Ireland would provide “an additional means for road traffic law enforcement”. However, legislative change will be required to make careless driving a fixed penalty offence.

She added: “I recently discussed this issue with the chief constable. The actual timeline for introducing Operation SNAP in Northern Ireland will be for the PSNI to decide. For my part, I will ensure the legislative process moves forward as quickly as is possible.”

At present, drivers detected for careless driving may be issued with a warning by the PSNI or referred to the Public Prosecution Service, where a decision is taken as to prosecution or diversionary disposal (typically a caution, informed warning or educational training) as an alternative to prosecution. A conviction at court for careless driving could result in a fine of up to £5,000, between three and nine penalty points on the driver’s licence and, at the discretion of the court, potential disqualification.

While the FPN option provides a means of dealing with minor road traffic offences, Ms Mallon said the most serious cases will continue to go through court.

The consultation will remain open until January 18, 2022 (https://consultations.nidirect.gov.uk/dfi-1/a-consultation-to-consider-making-careless-driving).