Graduated Fixed Penalty, Financial Penalties Deposit and Immobilisation Schemes: Start date April 2009 and New Regulations

The regulations which introduce new fixed penalties, financial penalty deposits and immobilisation, removal and disposal of vehicles have now been published and come into force on 31st March 2009.

VOSA does not appear to be implementing commencement of this scheme until May (probably May 28th) various police constabularies have indicated to us they anticipate they will commence enforcement under the schemes with effect from 1st April 2009 onwards. Therefore drivers should be aware of this and plan accordingly.

These newly published regulations list new fixed penalties not previously covered by earlier fixed penalty schemes dealing with domestic and EU drivers' hours rules and tachograph use, prohibitions of foreign vehicles, fail to hold O licence, community authorisations and cabotage etc.

Separate regulations list the amount of £200, £120 and £60 to be imposed for each specific new fixed penalty offence - drivers' hours offences and overloading offences are graduated in penalty according to seriousness.

There are separate regulations for financial roadside deposits. These regulations list all the offences (including ones previously dealt with under fixed penalties by the police) which are to be the subject of this scheme and sums of £200, £120, £60 may be required from drivers without a satisfactory UK address; there are also £30 penalties under this scheme. Where such a driver is to be prosecuted, they will have to pay a deposit of £300 for a maximum 3 offences i.e. £900 as a surety aginst any future fine.

Separate regulations deal with immobilisation, removal and disposal of vehicles. In short, where a vehicle has been prohibited from being driven under the Drivers' Hours Rules, vehicles are unfit or overloaded or where no financial deposit has been paid the immobilisation of the vehicle can take place. There are fees for release of vehicle and removal and/or disposal.

If you require further information about this then please contact Tim Ridyard on tim.ridyard@barkergotelee.co.uk.