Police say penalty points “will not do anything to correct poor driving habits” of motorist who hit cyclist after pulling across “to speak with her daughter on the phone”

Strongly advise bringing a civil case to cover costs damages etc.

On the one hand a driver training course will cost more and have more impact than the standard 3 points and fine. (as well as costing half a day). If I picked up a speeding offence with no other points on my licence I would just take the points, rather than pay more and lose a ha;f day of leave to take the course. But If I already had points then the course would be preferable to keep insurance down.

On the other hand the points system is there to enable dangerous drivers who will not mend their ways to be taken off the roads, in which case giving points clearly does have an impact, because while some drivers will not improve, they will no longer be on the roads, which is still a win.

Maybe the police, tired at seeing "exceptional hardship" result in dangerous drivers being left on the roads, despite 12 points or more, feel that driver training courses are the most succesful tactic in improving road safety.

So really I'm not sure whether I am outraged by this or not. If only points AND training course were an option.

They are right.

But the solution in cases like this is a ban and requirement to re-sit the test (or extended test).

There is perhaps some merit in amending process so that a driving improvement course can be required in lieu of additional points - i.e. you can accept 5 points and a fine or else 3 points and a driver improvement course - rather than the only option being points & fine, or a driver improvement course. 

A Guardian article summarising a potted history of motordom's construction of the faux "war on the motorist", containing propositions that suggest that, on the contrary, there has been a war of motor manufacturers and users on everyone else:

https://www.theguardian.com/world/2023/sep/28/the-war-on-motorists-the-s...

A quote:

“It’s the idea that when you’re accustomed to privilege, equality feels like oppression ... Drivers have been used to being at the top of the food chain for so long, no one alive today knows a world where that wasn’t true. So, when these insurgents like bike advocates, or pedestrian and low-traffic neighbourhood proponents nip at the heels of motordom it can feel like a big threat". 

If you hit a vulnerable road user with a vehicle at any speed that is sufficient to cause injury that is dangerous, if your lack of care caused that situation then by definition you have driven dangerously and the law needs to be toughened up to reflect the fact.

So, “a fine and penalty points will not do anything to correct poor driving habits”.

A driver being hit in the pockets twice (directly from the fine and indirectly, presumably through increased insurance premium due to points) won't make them think about their driving habits?

I'd argue that anything that involves being distracted by one's 'phone (whether actively using it or - in this case - reacting to it) whilst driving should result in a default points / fine regardless.

If penalty points don't work, how about sending her to prison for 12 months instead.
That should get the message across, surely?

Really, really appalling policing.

These ignorant policemen are very concerning.

In this case they have denied the victim the opportunity of Court ordered compensation for injury and damage. Where careless driving has caused injury or cost, Magistrates are required to explain their reasons when they do not order compensation.

This police officer seems not to be aware that Magistrates Courts have (I think) a power to order a driving ban in relation to careless driving separate from points etc, under "ancillary orders" and the Road Traffic Offenders Act 1988, and Section 163 of the Sentencing Act 2020.

https://www.sentencingcouncil.org.uk/explanatory-material/magistrates-co...
https://www.legislation.gov.uk/ukpga/2020/17/section/163

I think we need an automatic extended test for totters before they get their licences back.

In law we are missing a "causing ABH by careless driving" offence. We have "causing serious injury.." which corresponds to GBH, but that roughly starts with broken bones. This was less but caused weeks off work.

I hope the victim takes the perp through the civih courts.

The problem is that the police treat this like any other car crash. I can't remember the number but I think it's 70,000 insurance claims a year. How many did the police investigate? If someone was hurt they claim on insurance. Most of those drivers never even went on a course let alone received ponts. The way to make roads safer is to remove bad drivers not retrain them. If a driver has no spacial awareness and no self control no amount of training will correct that

Yet again the police fail to fulfil the basic role of policing, and fail to protect the public from harm. Car centric policing written all over this one. A complete joke of a decision on the police's part. Ridiculous!

“We feel that the result of this case was proportionate given the circumstances.”

No.

If points and fines don't change behaviour, their sole purpose, then they should be scrapped.  If they aren't scrapped, it's because they work.  Some re-training of some officers required.

Maybe next time Paul should consider joining a cycling organisation with their dedicated legal department, like CUK, which has got me a lot of money I'm pretty sure I'd never have seen otherwise.

All the best for a full and speedy recovery.

The first thing that popped into my mind was that if anyone is in any doubt about how dangerous mobile phones in cars are I think this example is good evidence that they are. I am assuming she wasn't using the mobile but she says she pulled over to talk to her daughter and even without the details of the case it is fairly clear that the mobile was an important contributory factor to the alleged careless driving.

As for points not improving driving they may be correct but once you reach 12 points the rest of us are spared the consequences of the poor driving for a while at least.

Police say penalty points “will not do anything to correct poor driving habits”

They would if :-

They caught more Bad Drivers - Prosecuted them - And Enforced to 12 points Rule .