Bad driving in the rain this week could see drivers fined up to £5,000

Motorists also risk up to nine points on their license if caught doing this in wet conditions

Drivers are facing the threat of a fine in the miserable weather this week. And it could see them slapped with a bill of up to £5,000 – all for a little-known rule around puddles.

Autumn is well and truly here – and the Met Office predicting showers in the UK on Thursday, September 12 – with forecasters predicting heavy showers at times between September 16 and 25. This brings with it a number of added risks, such as slippery roads and reduced visibility.

However, there is another – perhaps less considered – issue that could land you an eye-watering fine. Roadside assistance company RACE is warning motorists that splashing pedestrians by speeding through puddles could see them hit with fines of up to £5,000.

Not only this but they could also receive between three and nine penalty points on their license if spotted in the act by the police. According to the RAC, under section three of the Road Traffic Act 1988 it is illegal to splash someone as it amounts to driving “without reasonable consideration for other persons.”

Those found guilty of deliberately driving through puddles and splashing pedestrians could be hit with a £100 fixed penalty notice and three penalty points if caught by the police. But if drivers are determined to be driving in a manner that “amounts to a clear act of incompetence, selfishness, impatience, and aggressiveness” then the maximum punishment of a £5,000 fine could be awarded.

Further to this, if drivers fail to pay the £100 fixed penalty or refuse the penalty notice they could also face the maximum £5,000 fine if the case is taken to court. RAC head of policy Simon Williams explained: “Any driver who deliberately or inadvertently splashes a pedestrian when going through a puddle risks penalty points on their license and a fine.

“Under section three of the Road Traffic Act 1988, it may be deemed illegal to splash someone as it could be classified as ‘driving without reasonable consideration for other persons’. As of 2013 inconsiderate driving can be dealt with by a fixed penalty notice with a £100 fine and three penalty points.

“If a driver refuses to pay the fixed penalty notice, then they could be taken to court where a magistrate could impose a fine up to £5,000, although the maximum is unlikely.”

The Road Traffic Act as listed on legislation.gov.uk says the following about potential penalties for careless driving, which includes splashing pedestrians:

• A driver convicted of a contravention of section three of the Road Traffic Act 1988 faces a penalty points endorsement in the range three to nine points. The court also has a power of discretionary disqualification
• A court may also impose a fine of up to £5,000 and/or a community payback order
• The court does not have the power to impose a custodial sentence upon a driver convicted of careless driving.

Under the act, examples of careless or inconsiderate driving include:

• Undertaking another vehicle
• Driving too close to another vehicle
• Failing to observe a traffic signal
• Emerging into the path of another vehicle from a side road
• Misusing lane system to gain advantage in traffic or ‘lane hogging’
• Flashing headlights or dazzling other drivers with full beam headlights
• Driving through puddles causing water to splash on pedestrians
• Driving too slowly
• Braking without reason to do so.

To find out more visit roadtrafficact1988section3.co.uk.