Fixed penalties and financial deposits: FTA calls for degree of intent to be taken into account

In June 2009, the Home Office increased the penalty on failure to fix a numberplate to a vehicle from £30 to £60.

In September it published a consultation seeking views on whether that, for consistency, the penalty for two other numberplate offences is increased to £60 as well: The two offences are:

• driving or keeping a vehicle if a numberplate is not fixed on a vehicle (the plate may have fallen off, as opposed to not being fixed in the first place)
• driving or keeping a vehicle with a registration mark obscured (this includes mud, dust)

FTA's response to the consultation argues that in determining the level of penalty for the offence, consideration must be made to the degree of intent. The enforcement authorities should be sensitive to the difference between an offence committed by a driver or vehicle owner who sets out to deliberately fail to comply with requirements on numberplates as to size, colour, and an offence where the numberplate has become detached or obscured on a journey without the knowledge of the driver.

The submission also argues that, if there is to be a levelling of the fine between numberplate offences, it should be leveled down for all three offences and set at £30.