Drivers face £5,000 fine over 'harmless' habit that is nevertheless 'unacceptable'

Drivers face eye-watering £5k fines for a harmless habit that is "not acceptable". Driving through a puddle or flooded section of road without reasonable consideration of others is an offence which could result in fines of up to £5,000.

Speaking out as Storm Bert battered the country, RAC head of policy Simon Williams said: “Any driver who deliberately or inadvertently splashes a pedestrian when going through a puddle risks penalty points on their licence and a fine.

"Under section three of the Road Traffic Act 1988, it may be deemed illegal to splash someone as it could be classed 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.

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"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.” Mr Williams said that the fine would then likely be appropriate to the level of distress caused, which would help send out a clear message to other drivers that this sort of behaviour is not acceptable.

According to the Road Traffic Act 1988 in reference to careless and inconsiderate driving, the law is clear. It states: “If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence.”

This means that speeding up through a puddle at the side of the road to splash an unsuspecting pedestrian is actually illegal and can land you a fine of up to £5,000. Andy Moody, director at GoShorty, said: “Between the risk of a fine of up to £5,000 and three points on your licence, leading to an increase on your insurance premium, splashing a pedestrian could be very costly - and inconsiderate.

"It can moreover, be difficult to prove that the act was a mistake, meaning the best way to avoid a fine is by avoiding puddles altogether - when it is safe to do so. We encourage all drivers to practise safety when on the roads, especially in poor conditions, and ensure they have a comprehensive insurance policy to protect themselves in case of any accidents.”