Risk of Swapping Responsibility for a Driving Offence

Drivers who ask others to take responsibility for their driving offence are at risk of receiving a driving disqualification or even a prison sentence. Amazingly, around half a million people are thought to have committed this offence in the UK.

Taking the Blame for a Driving Offence

According to the results of surveys undertaken by motoring organisations such as the AA, swapping responsibility for a driving offence is common. This offence is commonly referred to as penalty points swapping, and in some cases drivers have actually paid others to take the responsibility. Penalty points swapping basically means that a driver who has committed an offence asks another person to assume the responsibility. A survey undertaken by Swinton Insurers found that 3.7 million motorists would have no problem with asking another to assume responsibility for a driving offence. According to the AA, it is thought that around 300,000 drivers, a large percentage of which is male, may be guilty of penalty points swapping.

Why Drivers Swap Penalty Points

Penalty points swapping is usually undertaken to ensure that drivers who may have committed an offence do not rack up enough penalty points to receive a driving ban. Drivers will also ask others to take responsibility in order to keep their licence clean and free from points. Many drivers will ask family members or friends to take the responsibility for the driving offence. There can be many reasons for points swapping including avoiding disqualification, losing a job that requires a clean driving licence and avoiding increased car insurance premiums. According to insurance companies there are a large number of drivers on the road who would not be able to obtain insurance unless they had undertaken penalty points swapping.

Driving Offences and Points Swapping

Penalty points swapping is commonly used to beat driving offences such as speeding when caught by a speed camera. Speed cameras can be used to identify drivers coming towards the camera but driving away from the camera is a different matter. Drivers caught speeding can face a minimum three points on their licence but points and punishments can increase depending on the severity of the offence. New drivers need only six points on their licence within two years of passing their test to obtain a driving disqualification. Drivers who think that penalty points swapping is worth the risk should consider the severe punishments that can be applied to this offence.

Penalties and Punishments for Points Swapping

The courts do view penalty points swapping as a very serious offence. Drivers who commit this offence can be faced with the charge of perverting the course of justice. If found guilty, a prison sentence can be applied, and this has happened in the past. Drivers have been known to receive prison sentences of between three and nine months, as well as a large fine and a driving disqualification. Additional consequences to being convicted of this offence can include:

• Loss of employment due to driving ban or unclean licence
• Increased insurance premiums or the inability to obtain insurance from low cost insurers
• Paying court costs and legal representation
• Drivers disqualified under the New Drivers Act may be required to retake lessons and the driving test
• A criminal record of this type may make it difficult to obtain certain types of employment

Additional Risk to Penalty Points Swapping

Drivers who do consider points swapping also run the risk of being reported to the police by the person they have asked to assume responsibility for the offence. According to the AA survey, 82% of those asked would refuse to assume the responsibility for another driver’s offence. Twelve percent of those surveyed said they would refuse to assume responsibility and would also report the matter to the police. This could then lead to an investigation by the police and the Driver and Vehicle Licensing Agency (DVLA). Only 1% of those who undertook the survey claimed they would actually swap the points if requested by another driver.

When it comes to risk versus consequences the stakes are very high when asking another person to assume responsibility for a driving offence. A few points on a licence or even a driving ban would usually be preferable to receiving a prison sentence. The police and the DVLA will thoroughly investigate drivers they suspect have asked others to assume responsibility for a driving offence. Both the driver who has committed the offence and the person who is intending to take responsibility for the offence can find themselves facing severe consequences for this illegal act.