Derecho de tráfico
Infracciones de tráfico, conducción bajo influencia del alcohol y seguro.
Introducción
El derecho de tráfico regula las infracciones de conducción, los requisitos de seguro y las sanciones por incumplimiento.
In Brief
The Road Traffic Act 1988 creates offences ranging from careless driving to causing death by dangerous driving (maximum life imprisonment). Drink-driving carries a mandatory minimum 12-month disqualification. The totting-up system means that accumulating 12 or more penalty points within 3 years leads to mandatory disqualification — new drivers lose their licence after just 6 points within 2 years of passing their test.
Principios fundamentales
Dangerous Driving — Driving that falls far below what would be expected of a competent and careful driver, and where it would be obvious that driving in that way would be dangerous (s.2 RTA 1988).
Careless Driving — Driving that falls below what would be expected of a competent and careful driver (s.3 RTA 1988).
Drink Driving — It is an offence to drive or be in charge of a vehicle with alcohol above the prescribed limit (s.4–5 RTA 1988). The limit is 80mg per 100ml of blood in England & Wales.
Drug Driving — It is an offence to drive with specified controlled drugs above prescribed limits (s.5A RTA 1988).
Causing Death by Dangerous Driving — Maximum sentence of life imprisonment (s.1 RTA 1988, as amended).
Insurance — It is an offence to use a motor vehicle on a road without at least third-party insurance (s.143 RTA 1988).
Penalty Points — The totting-up system: accumulating 12 or more points within three years normally leads to disqualification for a minimum of six months.
Failing to Stop / Report — After an accident involving injury or damage, drivers must stop and provide details, or report to police within 24 hours (s.170 RTA 1988).
Leyes clave
Road Traffic Act 1988
Casos principales
R v Gosney
[1971] 2 QB 674
Escenarios comunes
Caught drink driving
The driver is arrested, breath-tested at the police station, and if over the limit, charged under s.5 RTA 1988. Likely penalty is disqualification for at least 12 months, a fine, and possible community order or imprisonment for high readings.
Accumulating 12 penalty points
Under the totting-up procedure, the driver faces mandatory disqualification for at least 6 months. They may argue exceptional hardship at the magistrates' court to avoid or reduce the disqualification period.
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Frequently Asked Questions
What is the drink drive limit in England?
In England and Wales, the legal limits are 35 micrograms of alcohol per 100ml of breath, 80 milligrams per 100ml of blood, and 107 milligrams per 100ml of urine. Scotland has a lower limit. Even one drink can take you over the limit depending on body weight, gender, and metabolism. The offence is under s.5 Road Traffic Act 1988.
Can I lose my driving licence for speeding?
Speeding can result in penalty points (3–6 for most offences) or, for serious speeding, disqualification. Under the totting-up procedure, accumulating 12 or more points within 3 years normally leads to disqualification for at least 6 months. New drivers (within 2 years of passing their test) lose their licence if they accumulate just 6 points.
What happens if I am caught using a mobile phone while driving?
Using a hand-held mobile phone while driving is an offence under the Highway Code and Road Traffic Act 1988 (as amended). From March 2022, the law was extended to include any use of a hand-held phone (including scrolling, taking photos, or playing games). The penalty is 6 penalty points and a £200 fine. New drivers (within 2 years of passing) will lose their licence.
Do I need to report a road accident to the police?
Under s.170 Road Traffic Act 1988, if you are involved in an accident causing injury or damage to another vehicle, animal, or roadside property, you must stop and provide your details. If you cannot exchange details (e.g. no one else is present), you must report the accident to a police station within 24 hours and produce your insurance certificate within 5 days.
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