JPs scupper hopes of higher penalties
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by Karen Miles • The hope of higher penalties for hauliers running without Operator's Licences receded this week when the Magistrates Association (MA) rejected a Government attempt to raise the level of fines.
In a move which leaves the Department of Transport with few options, the MA is asserting its judicial independence and refusing to review its fine guidelines for hauliers found running without an Operator's Licence.
This is seen as a snub to Transport Minister Steven Norris.
Earlier this year he tried to persuade the MA to award fines at a level which is closer to the £2,500 maximum provided for by the law.
In his letter Norris said that on average magistrates were imposing tines of £309, leaving the police and Vehicle Inspectorate work required to bring the cases looking of "little value", The MA has responded by saying it believes "there is enough discretion for magistrates to deal with it (operator licence law-breaking) at the moment". And in a swipe at the DOT, the MA says that if a computer database were available which showed defendants' previous convictions, it would take earlier offences into account and hand out higher fines. "It's more by luck than anything else if the court finds out," it says.
This week the DOT is evaluating computer pilot schemes in Gwent and Scotland but as yet it has not come up with a timetable to set up a refined scheme elsewhere.
Norris is expected to write to the MA again and to write an article for its journal, the Magistrate.