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There appears to be a course of action that operators

16th April 2009, Page 29
16th April 2009
Page 29
Page 29, 16th April 2009 — There appears to be a course of action that operators
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and drivers should take following the imposition of a fixed penalty notice or conditional offer.

There should be an investigation of what has taken place. However, a driver cannot require an operator to pay any penalty and neither can an operator in employment law insist the driver pays or does not pay the penalty. Ultimately, that is a matter for the driver, because the penalty is issued against the driver, not the operator.

Whatever happens, drivers should be discouraged from paying penalties to get the matter out of the way'.

If the penalty is correctly imposed then it should be paid as a means of avoiding court action; however, since these penalties have ramifications for operator's licences and a driver's own personal driving history and licence, this should all be thought through properly for the long-term benefit of the operator's and driver's licences.

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