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In one recent fixed penalty case, a driver was issued
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with a penalty for failing to take his break. It was issued without any proper roadside interview in what is essentially a criminal investigation.
The driver sought advice from his boss, who instructed a solicitor. On inspection of the tachograph chart there was no break offence at all it was a less serious mode switch error. Unless somehow VOSA or the police agree to withdraw the fixed penalty offer, the driver must either pay the penalty for an offence that has not been committed or decline the offer on the basis that a specific offence has not been committed by him. in this case, the driver has contested the matter and it remains to be seen how this may be resolved.
In another case. the police have issued a fixed penalty for an 'historic offence' (one committed many days before the vehicle stop concerning an illegal break). FPs should arguably be imposed for offences that have been committed on that occasion', but this is not further defined in law. The DfT and VOSA guidance envisages that only offences being committed on the day of the stop are regarded as being in the scope of FPs. It may be that the police acted wrongly. What should the driver do? Pay a penalty that may be unlawfully issued or seek a court hearing? This type of legal issue is too complex for drivers to become embroiled in.