To clear your name, or not to?

To clear your name, or not to?

The choice of a speed awareness course is only offered if your speed is naughty rather than shocking: the formula is the speed limit plus ten per cent, plus 9mph as the upper level.

However, this formula is not mandatory and is subject to local police discretion – some forces will not offer it if you are speeding in a 20mph zone, others will. The course has no particular legal standing and you are unlikely to be offered a repeat if you have already attended in the last three years: the database is now centralised so a course offered by the Met will be known by Cheshire Constabulary. And so on…

I have been on one of these courses and in pretty well every situation it is worth taking a day’s leave and sitting through the eight hour detention at a driver re-education camp. The cost (£70 to £120) is usually less than the fine and as far as I am aware only Admiral Insurance ask the question: ‘have you been on a driver awareness course?’ on a policy proposal…

The rules on declaration for an ordinary consumer on a contract of insurance are pretty straight forward: if asked a question you must answer it honestly, with a reasonable amount of care, if another Insurer does not ask the question then you do not have to volunteer the information, but if you do go on any form of police instigated driver improvement course do check your renewal forms.

‘Auto-renewal’ is a brilliant little scam for insurers because the onus is on we the consumers to check the details, if it slips your mind and the premium leaves your account and you are unfortunate enough to have to make a claim they will scrutinise every aspect.

In my experience some insurers deserve to be trusted while many more do not and they will try everything to wriggle out of payment: if your insurer has asked you about a driver improvement course at question 27b of your renewal and you do not declare it, you will not be paid if your bike is stolen.

I can only speak from my own driver improvement course, which was in 2012, from which I learned a few useful things. It was not especially dull and I did not feel as though I was in a school detention. Our instructor was a former Police class 1 driver and motorcyclist, and was far from preachy. Other feedback that I have heard has been a lot less positive.

It seems to me that the driver improvement course has simply monetised what used to happen – when we actually had police officers who patrolled roads, pulled over drivers, deployed a proper verbal going over if said driver was speeding before sending the offender on his/her way with a flea in their ear.

Finally, if offered a course, get there on time. I know of at least one solicitor who was offered a course, turned up a few minutes late due to traffic congestion only to have the offer withdrawn and points applied to his licence.

Andrew Dalton

Bike Magazine October 2019

Posted by Andrew Dalton. Last modified: October 25, 2019 at 10:50 am

Andrew Dalton is a highly experienced trial lawyer who delights in taking on difficult and demanding motorcycle cases. He has a tough and relentless litigation style and is utterly focused on getting the best possible outcomes for his clients.
Disclaimer: The legal advice and statements contained within this/these articles is correct at the time of printing. If you are seeking legal advice after a motorbike accident please contact us to speak directly with one of our lawyers.

Comments

  1. Carl JonesJuly 24, 2020

    Normally you give very good advice but on this occasion you are a little out with your information.
    I was given the option to take a course for doing 33mph in a 30mph zone In Gosport, Hampshire, after spooking a speed camera.

  2. Andrew DaltonJuly 25, 2020

    Hi Carl. I am not sure where you think I am a little out. 33mph in a 30 seems a bit steep to get anything, perhaps a letter as the police’s own guidance (but not the law) allows speed limit plus 10% so exactly 33mph as not requiring intervention if there are no other aggravating factors, which a speed camera would not pick up anyway – so I think you have been very unlucky but I am not sure anything I say would contradict what happened to you. The upper limit is the formula I mentioned, not the lower. Technically you can be prosecuted and get points for 31 in a 30 and 33 in a 30 is as low as I have seen any intervention. There is actually a very good point in what you say though and I will float it with the partners here who do more road traffic offence work. As the alternative as a prosecution and points and you fall within the “let this one go” police guidelines, I do wonder if you would ever have been prosecuted.

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