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Laying down the Law
Page 30
Page 31
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Transport lawyers Barker Gotelee held a seminar recently to introduce operators to the fixed penalty regulations. Here are the highlights.
Words: Patric Cunnane
Nearly 100 operators gathered at a hotel near Ipswich to hear lawyers from transport law firm Barker Gotelee and experts from VOSA offer a morning legal seminar on the hot topics of the day. The most notable of these is that VOSA can now issue graduated fixed penalties (GFPs) at the roadside — a prerogative previously only available to the police (see News Extra on page 14 and Legal Digest on page 28 for more).
Speakers from VOSA and attending delegates were able to exchange views on what the changes will mean. Barker Gotelee's Tim Ridyard and consultant Michael Gotelee also contributed to proceedings.
First up was VOSA's product and process manager Roland Lewis, who began by showing a clip from VOSA's new DVD, which deals with GFPs, drivers' daily walkround checks and headlamp aim. Drivers who have committed more than one offence will have them added together, so two £60 offences will cost £120.
"Fixed penalties will be an alternative to court hearings, although drivers still have a right to be heard in court," said Lewis. He believes the new system might help prevent some abuse by foreign drivers —the DVD shows a lorry with a wheel missing, which had been stopped at Holyhead. "He had
Roland Lewis been running like that since Dover
and he was speeding," revealed Lewis.
He added that the new system is fair and will help eliminate the wide discrepancies between court fines. "At the moment, an offence might attract £4,000 at one court and £50 in another. The heaviest penalties are reserved for serious overloading and drivers' hours offences. Most offences that VOSA deals with can be policed through GFPs — tachograph falsification won't be."
Avoiding most offences boils down to simply adopting good habits. "You should place more importance on the daily walk-round check," said Lewis, "That is your frontline defence, making sure that the vehicle is roadworthy."
Foreign drivers will be encouraged to pay by credit card. UK drivers, however, need not cough up immediately, since they have 28 days to pay. "The best practice is to go home, talk to their employer and make a decision.lbey can go to court if they wish." Operators were reassured to learn that the penalties are not a revenue-raising exercise for VOSA. "We don't have targets, the money does not go to VOSA, it's all about making the roads safer."
Provisions from the Road Safety Act 2006 allow vehicles lobe immobilised with a steel cable if, for example, the vehicle is deemed unroadworthy. Operators should act quickly to reclaim their truck. "If the vehicle is immobilised for more than five days it will be considered to be abandoned. And the cost of storage is passed on."
Immobilisation also could happen if the driver fails to pass the 'attitude test' by telling VOSA what to do with its fixed penalty notice!
Derrick Howlett,VOSA's senior traffic examiner for East Anglia, warned operators to beware of bogus VOSA cars. "Your driver should ask to see the officer's accreditation card before opening his doors or windows."
He gave a general overview of improvements in VOSA's services, including faster testing of vehicles with new electronic equipment. "When plugged in it will tell you everything, including what the driver had for breakfast!"
Hauliers will be able to book tests online. "We are negotiating with the unions to allow more flexible opening hours," he said.
VOSA's website can give operators their Operator Compliance Risk Score (OCRS), the system that reveals how likely their vehicles are to be stopped. A poor enforcement record makes that operator a more likely target. "Officers are briefed to look for vehicles with high OCRS scores as they are the greatest danger to the public."
A Q&A session ended the morning. Tim Ridyard addressed the issue of how drivers should be instructed to deal with fixed penalties. "Operators must have standing orders in place that drivers notify them of all penalties. However, the penalty is issued to the driver who has the right to pay and accept the penalty if he wishes. You can't put it in the employment contract that only you have the
authority to authorise payment, but you can insist that you are notified."
Ridyard said that paperwork for all offences should be kept for five years.
Once a penalty is received the employer should investigate the circumstances. Failure to pay within 28 days results in a 50% increase. Pleading not guilty and going to court has its risks too. "If you are found guilty you pay VOSA's costs of £250 plus a fine according to sentencing guidelines," said Ridyard. Alb For a routine maintenance offence, the roadside GFP is Derrick Howlett £60. plus three penalty points on the driver's licence.
Ridyard points out that if in court the driver claims he could not have known about the maintenance problem, the court can still fine him but cannot add points to the licence.
Barry Hynard, operations manager of Leggett's Transport of Woolpit, Bury St Edmunds, said: "We've told our drivers to tell us if they are stopped." Under the fixed penalty scheme VOSA informs operators of all offences after 28 days. Hynard is pleased with this. "it's a great help that we will be notified of any offence.That's closed a big door for us. Drivers can't keep quiet. We have twice-yearly checks on driving licences that does help us protect our 0-licence."
# Next week CM presents a table
of fixed penalties