A Road Safety Strategy consultation being considered by Andy Burnham’s government could bring penalties for driving without ever holding a licence into line with those for driving while disqualified, potentially exposing offenders to a 12-month prison sentence.
Andy Burnham, MP for Makerfield, is considering changes to driving licence penalties as part of the Road Safety Strategy inherited from the previous government under Sir Keir Starmer. The proposals, aimed at cutting road deaths and improving safety on UK roads, could see unlicensed drivers face up to 12 months in prison, bringing their punishment into line with the penalty for driving while disqualified. A public consultation on the plans closed in May, with a summary of responses due within three months and legislative changes expected later this year.
Current penalties versus what’s proposed
At present, driving without a valid licence, described in law as driving “otherwise than in accordance with a licence,” carries a maximum fine of £1,000. Offenders can also receive between 3 and 6 penalty points on their licence and may be disqualified from driving, but the offence does not normally carry a custodial sentence.
This stands in contrast to the penalty for driving while disqualified, which already carries a maximum 12-month prison sentence in England and Wales, alongside an unlimited fine and a further period of disqualification. The consultation specifically asked whether the maximum penalty for unlicensed driving should be raised to match this.
The Government’s reasoning
Setting out its case in the consultation document, the Government argued: “It is arguable that an individual who drives on the road without ever passing a test, is equally culpable as an individual who continues to drive after being disqualified, so should face similar penalties.” It went on to note that “the penalties for the offence of driving while disqualified include a maximum 12-month custodial sentence.”
The document added: “The Government is aware of calls to consider increasing the penalties for these offences, to enable the courts to pass a sentence that reflects the seriousness of these offences, and the harm caused if death or serious injury have occurred when committing them.”
The Government’s argument centres on the idea that someone who has never passed a driving test may pose a similar level of risk to other road users as someone who continues driving after being banned, particularly where their actions lead to serious injury or death.
What the consultation asked
As part of the process, the Department for Transport asked members of the public directly: “In your view, should the maximum penalties for the offence of unlicensed driving or not in accordance with a licence be increased?” It followed up by asking respondents to explain their reasoning and to suggest what they considered an appropriate sentence. The consultation also invited further evidence or comment on the broader proposal to introduce new penalties for certain motoring offences and other road traffic matters.
Beyond unlicensed driving, the consultation also sought views on tougher penalties for other serious motoring offences, as part of a wider review of road traffic law.
Why the change is being considered
According to Department for Transport figures, hundreds of people are killed or seriously injured each year in collisions involving drivers who are unlicensed, disqualified or uninsured, a pattern that has prompted calls for stronger deterrents. Road safety organisations have long argued that persistent unlicensed and disqualified drivers are disproportionately represented in serious and fatal collisions, despite making up only a small proportion of motorists overall.
It is worth noting that any increase to the maximum sentence would not automatically mean unlicensed drivers are sent to prison. Courts would continue to determine sentences based on the seriousness of each offence, the specific circumstances involved, and existing sentencing guidelines.
What happens next
The Department for Transport has confirmed that a summary of consultation responses will be published this month, meaning the next phase of the process should be under way by 15 August. Legislative changes are expected to follow later this year, though any alteration to penalties would require new legislation before it could take effect.
If ultimately implemented, the reforms would represent one of the most significant increases in penalties for unlicensed driving in decades, bringing the offence much closer in line with the existing sanctions already in place for driving while disqualified.
