Proposed motoring offence penalty shake-up (Jan 2026): What MAJ Law clients need to know

By MAJ Law on 12 January 2026

On 7 January 2026, the Department for Transport published an open consultation on changing penalties for key motoring offences, and some of the proposals would be a big shift in how quickly drivers can lose licences, how many points certain offences carry, and how enforcement works. The consultation runs until 31 March 2026.

This isn’t “law yet” , but it’s the clearest signal of what the Government wants to tighten up next.

You can find the full report here. 

Why this is happening (and why it matters)

The Government’s starting point is blunt: road deaths have plateaued since 2010, and they want stronger deterrents and a modernised penalty framework (much of which still sits in the Road Traffic Act 1988 era).

They point to 1,602 deaths in 2024 (around 30 a week) and 27,865 serious injuries as the backdrop to these proposals.

The proposals that will matter most to drivers (and what people will Google)

If you’re scanning for “what could actually affect me?”, these are the headline areas.

1) Drink & drug driving: lower limits, faster consequences, tougher prevention

The consultation re-opens the question that always causes fireworks online: should England & Wales lower the drink-drive limit (to align with Scotland’s 50mg/100ml)?

Key points people will care about:

  • Drink-drive deaths are not disappearing: 2023 was still 16% of all road deaths (central estimate ~260 deaths).

  • Drug driving convictions have surged: 4,924 (2016) → 17,230 (2023) → 19,709 (2024).

  • Repeat offending is a big theme: research referenced in the consultation suggests a high proportion of drug-driving offences involved people with previous drink/drug driving history.

The “big change” being floated:

✅ Temporary licence suspension for suspected drink/drug drivers until court / guilty plea (and specifically addressing delays while drug samples are analysed).

Other measures being consulted on:

  • Possible vehicle seizure powers for those arrested for drink/drug driving (similar concept to uninsured seizure powers).

  • Alcohol ignition locks (alcolocks) as part of rehab/sentencing (evidence suggests they reduce reoffending while installed).

  • Expanding forensic options (e.g., oral fluid/saliva/sweat) to reduce reliance on blood samples and speed up processes.

  • Introducing random breath testing powers (mirroring Northern Ireland’s checkpoint approach).

What clients usually search here:
“Will I lose my licence straight away?”, “How long does drug driving blood analysis take?”, “Can they seize my car?”, “What happens if I’m charged but not convicted yet?”

2) Seat belts: £100 fine could become points on your licence

Right now, not wearing a seat belt is usually a £100 fixed penalty (up to £500 if it goes to court)  but no points.

The Government is consulting on making it endorsable:

  • 3 penalty points for drivers who don’t wear a seat belt

  • 3 penalty points for drivers who fail to ensure children under 14 are properly restrained

Why they’re pushing this: despite high wearing rates, 25% of car occupant fatalities in 2024 weren’t wearing a seat belt (five-year average: 24%).

 

What clients usually search here:
“Do you get points for not wearing a seat belt?”, “Do points apply if my passenger isn’t belted?”, “What about child seats?”

3) Failure to stop / report (hit-and-run): pressure for tougher penalties

Failure to stop and report (and/or report within 24 hours) is already serious, but the consultation notes long-standing calls to increase consequences, especially where there is death or serious injury.

Current maximum penalties are set out as:

  • 5–10 points

  • 6–12 month disqualification (possible)

  • Up to £5,000 fine

  • Up to 6 months’ imprisonment

What they’re consulting on includes:

  • Increasing maximum penalties

  • A potential new offence where a person could reasonably be assumed to have known a collision caused death/serious injury but failed to stop

  • Extending the statutory time limit to prosecute the most serious cases (e.g., from 6 months to 18 months)

What clients usually search here:
“Is failure to stop prison?”, “How many points for fail to stop?”, “What if I didn’t know I hit something?”, “How long do police have to prosecute?”

4) “Admin offences” that could get sharper teeth: MOT, plates, keeper details, tax

This is the part many drivers overlook, but it can have huge knock-on effects (insurance validity, police attention, seizure risk).

The consultation asks whether to introduce penalty points and/or vehicle seizure for things like:

  • No current keeper

  • Incorrect/altered/false plates, including “ghost” plates

  • No current MOT

  • Potentially no vehicle tax (VED)

What clients usually search here:
“Can my car be seized for no MOT?”, “Ghost plates points?”, “What happens if the V5C isn’t updated?”

See our other blog here for some more information on other new law including digital driving licences, vehicle seizure etc. 

5) Unlicensed / uninsured driving: could penalties rise

They’re also consulting on whether:

  • Maximum penalties for unlicensed driving should increase

  • Minimum penalties for driving uninsured should increase (the consultation flags concern that current fixed penalties may not deter).

Also raised: false declaration to obtain insurance (fraud) and whether that should attract points and/or disqualification.

The sleeper issue: digital justice + longer time limits

Two proposals that could quietly change how cases unfold:

  • Allowing suspects/witnesses to be contacted via electronic communication (not just post).

  • Changing how the 6-month time limit works for camera-detected offences, so the clock may start when driver details are provided, not when the offence occurred.

If introduced, these could affect the “I’ll run down the clock” style myths you see online.

What to do if you’re worried (or already under investigation)

A lot of these ideas focus on earlier restrictions (like interim licence suspension) and stronger endorsements (points) meaning the earliest stage of a case matters more than ever.

If you’re:

  • arrested / investigated for drink or drug driving

  • facing a fail to stop / report allegation

  • dealing with no insurance / licence status issues
    …get proper advice early, because small details (timelines, procedure, evidence and disclosure) can make a massive difference.

Want to have your say?

This is an open consultation and it closes 31 March 2026.

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