Handling a penalty
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Fixed penalties have simplified the process of punishing drivers, but justice may have suffered. Here are the key things drivers need to know to ensure fair roadside treatment.
drivers need to know
Words: Guy Sheppard
Fixed penalties save time, cut costs and help create a level playing field for UK and foreign truck drivers. Instead of going to court and being liable for costs on top of a fine, justice is instant.
Before the scheme was introduced in May 2009. many foreign drivers escaped punishment because, without a UK address, it was too difficult for courts to chase them. Yet there are now concerns that innocent drivers are too ready to pay up simply because the chances of mounting a successful challenge are heavily stacked against them.
How the scheme works
Penalties range from #30 to £200, and cover everything from tachograph offences to vehicle defects and no insurance.They can be issued by the police and VOSA. Graduated fixed penalties mostly apply to drivers' hours and overloading offences and vary according to severity For example, a driver who exceeds the daily driving limit by less than an hour would receive a £60 fine. If the limit was exceeded by more than two hours, it would be £200.
Immediate action
Transport lawyer Tim Culpin, of Chester's Aaron & Partners, advises drivers to tell their operator about any penalties received as they could result in a public inquiry. With a drivers' hours offence, for example. he says every operator has an obligation to ensure their employees are complying with regulations.
However. 'urn Ridyard, partner in Barker Gotelee solicitors, says the ultimate decision about what to do rests with the driver. He urges them to consider their options carefully. "Maybe there is a defence of some kind. Don't write out a cheque immediately."
Payment
Anyone receiving a fixed penalty has 28 days to pay. The court that is local to the driver's address chases up unpaid fines and automatically adds a 50% levy to the amount owing. Offenders without a satisfactory UK address will be asked to pay an on-the-spot deposit to cover the cost of the penalty. Police and VOSA examiners have the power to immobilise vehicles if the deposit is not paid.
Impact on driving Licence
There is no legal limit on the number of fixed penalties that can be issued at any one time, although VOSA says it would issue a court summons if there were four or more at any one time. If drivers are repeatedly issued with penalties, the Traffic Commissioner may take action against their vocational driving licence. As well as the financial cost, some penalties result in the driver's licence also being endorsed.
Making a complaint
VOSA and the police promise to investigate any complaints about the way a fixed penalty is issued. But drivers still have to meet the deadline for paying it. VOSA statistics show complaints are rarely upheld, and, according to Ridyard. there is even less chance of success when they are sent to police.
Ridyard adds that examples of where a complaint might succeed include a vehicle defect that the driver could not be expected to have known about through their daily walk-around checks.
VOSA must receive completed complaint forms within 10 days of the penalty being issued. Late submissions will
Seeking advice
VOSA says drivers should seek independent legal advice if they are in any doubt over what their next step should be. However, Ridyard argues that this is one of the main weaknesses of the scheme.
He says: 'Drivers tend to be averse to going to lawyers unless they can get support from their operators. I am concerned that drivers accept penalties, saying they can't afford lawyers or can't be bothered to go to court.
Without a lawyer, he says drivers are unlikely to know whether they have a reasonable prospect of being found not guilty in court.
Going to court
To mount a court challenge, drivers should till out the relevant section of the penalty and return it to VOSA without any payment.This must be done within 28 days of the notice being issued. Once this deadline has passed, the option of going to court is lost. In a case Ridyard was involved with, a driver was issued with a £200 fixed penalty by police for driving without insurance. "The driver said he did not know the vehicle was uninsured. We pleaded not guilty and the case was dropped in court,
Court costs
Ridyard says the legal system discourages drivers from mounting a court challenge. "The risk is that if you lose, you will have to pay prosecution costs of several hundred pounds plus the tine, which will probably be more than the penalty."
He says the law changed in November 2009 so that the maximum amount defendants can claim for their legal costs if found not guilty is no more than the legal aid rate of payment, which is set by the government. This is likely to fall well below the actual cost of hiring a lawyer. a