A further Road Safety Act 2006 Regulation, introducing the much anticipated new police and VOSA powers (fixed penalties and roadside financial deposits)between January and April 2009, has been published - Statutory Instrument 2008/3164 Road Safety Act 2006 (Commencement No. 5) Order - 8th December 2008.
- New power to graduate fixed penalty amounts according to type, degree of offence (i.e. varying amounts of £60, £120 or £200 to be introduced in Spring 2009).
- Power to vary number of penalty points endorsed on driving licences according to type, location, severity of offence and location of offence.
- New power for vehicle examiners (i.e. VOSA) to issue fixed penalty notices.
- Requirement for goods and passenger operators to notify the Traffic Commissioner of certain fixed penalty notices ( in essence the ones under the new GFP scheme).
- New system of driving licence endorsement - power to issue endorseable fixed penalties to non-GB driving licence holders through checks of their 'driving record'.
- Police and VOSA power to require financial deposit payment by drivers without satisfactory UK address (intended to enforce against foreign drivers who otherwise have been able to avoid fixed penalty/ prosecution in the UK).
- Power for Police/VOSA to immobilise vehicles subject to a prohibition (again, primarily directed at foreign drivers).
Our current understanding of the scheduled commencement date for the introduction of graduated fixed penalties and financial roadside deposits is that it will now start on 1st May 2009.
If you require further information about this then please contact Tim Ridyard on tim.ridyard@barkergotelee.co.uk or at www.barkergotelee.co.uk.