Roads and traffic

An accident should be reported:

• If personal injury is caused to a person other than the driver of that motor vehicle
• If damage is caused to another vehicle
• If damage is caused to an animal (horse, cattle, ass, mule, sheep, pig, goat or dog), other than an animal being carried in that vehicle or trailer.
• If damage is caused to any other property forming part of the land on which the road is situated

In a road traffic collision involving fatal/serious injury, contact the police immediately by phoning 999.

'Injury Collision'

In a non-serious incident, but where injury is caused - the driver of the motor vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give their name and address, and also the name and address of the owner and the identification marks of the vehicle.

If not, the accident must be reported to the police as soon as possible, and in any case within 24 hours (this covers instances in which the persons involved are not able to comply with the requirement to report the incident immediately due to circumstances over which they have no control).

The driver of the vehicle must also provide a certificate of insurance to a police constable, or any other person having reasonable grounds for requesting, as soon as is practicable.

Failure to provide name and address or report the accident is an offence.

'Damage Only' Collision

There is no need to report 'damage-only' incidents to the police, provided that the following details have been exchanged:

• Name and address of the drivers involved,
• Details of the registered owner (if different to that of the driver).
• The identification mark (referred to as either registration mark or index) of the vehicle.

The matter can then be dealt with by either the insurance companies or by civil claim.

If a motorist is in the process of committing a serious traffic offence, please dial 999.

Anti-Social driving can range from careless driver behaviour to deliberate activity. Typical examples include:

• Speeding
• Careless/inconsiderate driving
• Driving under the influence of drink or drugs
• Tail gating
• Driving with no licence/insurance
• Driving whilst using a mobile phone

Report Anti-Social Driving

If you would like to report anti-social driving online, visit the Operation Crackdown website and use the public reporting form.

Operation Crackdown is a multi-agency facility with two key aims:

• Targeting persistent bad drivers before they cause an accident.
• Reducing the amount of time vehicles remain abandoned (saving significant costs in the process).

When you go to the Operation Crackdown website, the following information will be requested:

• The colour, make and model of the vehicle
• Vehicle registration number
• Location of where you last saw the vehicle being driven (this can be specific using the online map reporting tool)
• Offence details

Any information you may have to help us identify the driver would also be useful. Please complete as many questions as you can - the more information you give us, the better.

If you prefer to report via telephone, please ring the dedicated hotline on 01243 642222. The operating hours are:

Monday - Friday: 8 am to 8pm

Saturday: 9am to 6pm

Sunday: Closed

Outside these hours, contact Sussex Police on 101 or visit the Operation Crackdown website.

The legislation concerning Drinking and Driving is lengthy and the information provided here is a brief guide. For more information see the Road Traffic Act 1988.

Driving with Excess Alcohol

It is an offence to drive, or attempt to drive, or be in charge of a motor vehicle on a road or public place after consuming so much alcohol that the proportion in the blood, breath or urine exceeds the prescribed level. The Statute for this offence is Section 5 of the Road Traffic Act 1988.

Legal Limit

The level is a ratio of alcohol to breath, blood or urine. It is impossible to give a general guide to persons enquiring how much they can drink, as factors such as body mass, health, type of drink are so variable. It is not a fixed number of drinks.

The best advice is NOT TO HAVE ANY ALCOHOLIC DRINKS AT ALL IF DRIVING - it is possible for driving performance to be adversely affected even though a person may be below legal limits - this can be dealt with under an offence of Driving whilst unfit through drink or drugs.

Driving whilst unfit through drink or drugs

It is an offence to drive or attempt to drive a motor vehicle on a road or public place whilst unfit through drink or drugs. This includes not only illegal drugs but any drugs - a person could commit this offence if their driving is impaired by household or prescribed medicines. Their actions or a Doctor's examination may judge the degree of a person's impairment.

Breath tests - police powers

In general terms Police have the power to require a person to give a roadside breath test when:  

• A driver has been involved in an accident 
• A driver has committed a moving traffic offence 
• The officer suspects the driver has been drinking 

If a breath test is requested and the person refuses, or fails to provide it, they can be arrested if the Officer suspects they have been drinking.

A fixed penalty is issued for certain minor traffic offences.  If the motorist agrees to pay the fine imposed, and to comply with stipulated conditions, they will not be subject to a summons to appear at court.  The fixed penalty has to be paid within a time frame (usually 28 days) otherwise it will incur extra costs.

Address for fine payments and lost Fixed Penalty tickets: Fixed Penalty Office, The Law Courts, Edward Street, Brighton. East Sussex BN2 0LG

Please make cheques payable to the Fixed Penalty Clerk.

To contact the Fixed Penalty Office via telephone, please dial 01273 811700. Please note this number is operational between 8.30am and 5pm Monday to Friday. Outside these hours, please call the Police Contact Centre on 101.

A Notice of Intended Prosecution (also known as an NIP) is issued either verbally, or more usually in writing, when certain driving offences have been alleged. They advise the registered owner of the vehicle that he or she is being considered for prosecution for a stated offence. 

In certain circumstances, such as Gatso camera speeding offences, a Conditional Offer will be made. This gives the driver the opportunity to avoid going to court by paying a fixed fine and receiving a fixed number of points on their licence. The driver will have to accept the offer within a time limit. The Conditional Offer does not remove the person's choice to attend court.

If the Conditional Offer is declined or ignored, or the circumstances are of a more serious nature, the matter will be dealt with by a Court. 

The NIP is sent to the Registered Keeper of the vehicle (the person named on the log book, also known as the vehicle registration document). The registered keeper of the vehicle is responsible for providing details of who the driver of the vehicle was at the time the offence occurred. The registered keeper can be prosecuted for failing to name the driver.

Conviction for certain motoring offences can result in endorsement of the driving licence with penalty points.

Penalty points last 3 years from the date of the offence, but remain on the licence for 4 years (11 years for drinking or drug offences).

If 12 or more points are accumulated within 3 years the driver will be disqualified, however, the Courts are given limited powers not to disqualify in exceptional circumstances.

The 3 year term is measured from the date that the latest offence was committed.

After disqualification, under the totting-up procedure the existing points will be removed from the licence, but the licence will refer to the disqualification for 4 years (11 years for alcohol or drugs driving offences).

A form to apply for removal of penalty points can be collected at a post office.

When a speed (or traffic light) camera flashes, the registered keeper of the vehicle will receive a Notice of Intended Prosecution within 14 days of the alleged offence.  The registered keeper of the vehicle is the person whose name appears on the logbook (vehicle registration document).

If the keeper hears nothing within 14 days it is unlikely to go to court.

The registered keeper is required by law to complete the Notice of Intended Prosecution, giving details of the driver/rider at the time of the alleged offence. Failure to do so is an offence. The person so named will then receive a summons to court in due course.

Reports of faulty cameras should be referred to the Camera Technology Department.

The locations of all speed cameras can be found on the Sussex Safer Roads Partnership website.

Using a hand-held mobile telephone while at the wheel is illegal and is an endorsable offense. Drivers will have their licence endorsed with three penalty points and receive a £60 fine. 

Drivers using hands-free devices still risk prosecution if they fail to maintain full control of their vehicle or if they drive carelessly or dangerously. The Highway Code states that you MUST exercise proper control of your vehicle at all times, and the same penalty applies - three points and a £60 fine, for failing to do so. Using hands free equipment is likely to distract your attention from the road.

If you need to use your phone, it is far safer to find a place to stop first and NOT use it while you are driving. 

These are the national speed limits that apply to all roads unless the road signs indicate otherwise.

Who is Responsible for ensuring seatbelts are worn?

• The passenger, if they are an adult.
• The driver, if the passenger is a child under 14.
• An adult passenger can also 'aid and abet' a driver to allow a child passenger to be carried without properly being restrained.

Penalties

The penalty is not endorsable and can be dealt with by means of a 'fixed penalty' ticket. Alternatively, it can be dealt with at Court with the fine being determined by the Court.

Exemptions

• Taxi Drivers are exempt from wearing seatbelts whilst they are on duty. (I.e. whether they have passenger or not).
• Private hire drivers are only exempt when carrying a fare-paying passenger. They must wear a seatbelt at all other times (Road Traffic Act 1988 Section 15).
• Delivery persons - such as a milk float driver.
• Persons reversing.
• Emergency vehicle personnel in certain circumstances.
• Persons holding a medical exemption certificate. (Pregnancy is not a reason for exemption in its own right, a medical certificate is still required). Seatbelt medical exemption certificate is available from a doctor.