Call us today 0141 337 6678

McCarthy Law

Scottish Government Criticised for “Clean Slate” Driving Proposals

Insurers and road traffic safety groups have criticised the Scottish Government’s proposals to provide a “clean slate” and wipe any driving offences off after 12 months.

However, experts have stated that such a proposal could result in significantly more dangers on the road higher insurance premiums for all drivers including those who drive safely. Insurance companies stated that the scheme will mean they cannot identify dangerous drivers and that premiums will have to go up for all drivers across the board.

Road safety campaigners stated that the proposals effectively removed any safety deterrent for drivers and instead punishes “safe, honest drivers”.

Proposed Change to Road Traffic Law

Under the proposals by the Scottish Government those who receive fines for driving offences such as speeding or driving without insurance would only have the crimes on record for 12 months before they become ‘spent’ after a year rather than five years currently.

As well as speeding, the proposals could affect drink-driving and other serious convictions. Effectively this change would mean that offences would not have to be declared after just a year depending on their sentence. While the Scottish Government have stated that these changes would provide those who had broken driving laws with a fresh start many campaign groups spoke out against the changes, urging the government to reconsider.

In response to the government consultation, the Direct Line Group said the plan was “extremely disproportionate” and that it would no longer be able to identify drivers who risk the lives of others.

In a statement they said: “If insurers are only able to ask for endorsable motoring offences which are less than 12 months old, insurers would no longer have the ability to identify those drivers who drive without care for motoring laws, such as speed restrictions.

“The impact of this would be to share the risk across all the drivers resident in Scotland, thus increasing the premiums for those drivers who have not committed any motoring offences.

“The Scottish Government proposals would lead to a significant dumbing down of serious offences, which would normally lead to a higher insurance premium, and would remove one of the deterrents against poor driving behaviour – people generally drive more responsibly after motoring convictions until the convictions are spent”

The changes that have been proposed in the Rehabilitation of Offenders Act aim to protect the public while also allowing offenders to put mistakes behind them. As well as this, it is hoped that such changes could aid employment opportunities for those who have been charged with offences.

A Scottish Government spokeswoman said an that a full response from the Scottish Government would be revealed in December. In a statement the spokeswoman said: “The responses received to the consultation will inform Scottish Government decisions about next steps in this area. This includes in the area of road traffic offences.

“Protection of the public will remain at the forefront of any future decisions, which will be made after the analysis has been completed and scrutinised.”

Contact Us

If you have been accused of been injured in a road traffic law or suffered an accident as a result of someone else’s negligence, contact us today using our online contact form