NEW DRIVER FIXED PENALTY SCHEME EXPLAINED

Both VOSA and the Police now have the power to issue on the spot fines, deposits and immobilisations to both foreign and UK drivers. The new scheme is hoped to free some of the magistrates time in dealing with minor matters such as vehicle defects and overloading.

The penalties will in effect be an offer made on behalf of the prosecutor to take the fine and that will be the end of the matter. If a driver does wish to contest the allegation he/she must notify the prosecuting authority (as indicated on the back of the penalty notice) usually within 28 days of the notice being given.

If the matter is contested the driver will receive a Court summons and then the matter will proceed through the usual legal channels. The important thing to note is that if a penalty is contested through the Courts, the Court is at liberty to impose a higher fine than that which was detailed in the original fixed penalty notice.

The new system also introduces a more robust procedure for the prosecution of foreign drivers. If a driver is unable to give a UK address from which they can be located, the authorities are able to request that that driver is to deposit money at an equal value to the fixed penalty charge.

A deposit can also be requested in the case of all drivers, for more serious offences where that offence is likely to be prosecuted. The deposit will be £300 per offence up to a maximum of £900.

Operators need to be aware that the issuing of fixed penalties can have direct consequences against their OCRS score and could eventually lead to a Public Inquiry. Also the Operator could still end up being investigated and subsequently prosecuted for the offences. The Operator should be notified of penalty being issued against their driver.

Therefore you should investigate each fixed penalty notice that you receive. If the driver is at fault, the applicable action should be taken against him/her. If it is due to a failure of your systems, they should be reviewed and improved. More importantly you should keep records of each investigation and resulting action you have taken.

If you have received a fixed penalty notice and unsure of its effect, please call 01254 828300 or use the CallBack icon above.