ROADSIDE GRADUATED FIXED PENALTIES AND DEPOSITS

by Tim Ridyard, partner and road transport solicitor at Ipswich-based Barker Gotelee Solicitors.

The Department for Transport is consulting on implementation of roadside deposits and fixed penalties. The consultation started on 7 June and closes on 30 August 2007. There is a clear intent in the consultation documentation that these proposals should be implemented soon and if implemented would lead to:

- VOSA issuing fixed penalties (currently only the police can do this)

- VOSA being given the power to endorse driving licences

- Fixed penalties being graduated or banded as to seriousness of offence.

- Drivers without satisfactory UK addresses being made to pay roadside deposits greater set a level higher than the highest fixed penalty.

Drivers, and indeed operators would still face court proceedings according to the discretion of the police and VOSA. VOSA would not be able to endorse licences or impose penalties for certain offences e.g. speeding - their remit would be confined to overloading, drivers hours/tachograph records, roadworthiness, driver licensing, community authorisations and vehicle excise duty.

Importantly, fixed penalties are not criminal offences even though the offences they cover could be regarded as criminal offences if prosecuted in the Magistrates/Crown Court. This may seem attractive to would-be offenders but although they do not constitute criminal convictions they will be disclosable to the Traffic Commissioner for notifiable offences under new provisions enacted in December 2006 in the Road Safety Act 2006.

Fixed penalties would be banded:

0 - a warning,
Band 1 - £30 fixed penalty
Band 2 - £60 fixed penalty
Band 3 - £120 fixed penalty
Band 4 - £200 fixed penalty.

The suggested minimum roadside deposit is £300 with a maximum £900 for three or more offences.

It is proposed that vehicles be prohibited from moving if no deposit can be paid for those drivers without a satisfactory UK address. Drivers being issued with fixed penalties i.e. UK based drivers, would normally have been able to prove their identity e.g. through their driver's licence etc.

It is also intended that certain offences e.g. drivers hours offences will be banded as to the appropriate fixed penalty with reference to the amount by which the law is contravened e.g. 4 ½ hour rule (45 minutes break) - the greater the lack of proper break, the higher the fixed penalty band.

There are some clear issues which arise out of this although one positive for drivers who have clearly committed an offence is that they may well receive a penalty less than any fine imposed in the court and not have to pay court costs either - penalties on the Magistrates Court for road transport offences are inconsistent and erratic and these proposals might be helpful in that regard.

Further guidance notes will be posted in due course [and see this news story - Ed].

by Tim Ridyard of Barker Gotelee Solicitors