1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136 
ADVICE TO OPERATORS
Page 30
If you've noticed an error in this article please click here to report it so we can fix it.
6 When notification of a fixed penalty notice is received, ensure that its issue is notified to the Traffic Commissioner within 28 days. Try to provide a full explanation about the offence. If the driver declines to contest it although it is disputed (ie. pays it even though there may be a defence), then the operator should specifically point out that while the driver has paid the penalty it is not accepted because the offence has not in law or on the facts been committed.
/9 After the issue of a fixed penalty, an operator should carry out the fullest investigation, retaining a full paper-trail on file for at least five years (FPs always follow the issue of a prohibition, which can be taken into account by the Traffic Commissioner for that time period in disciplinary proceedings). This investigation should include the driver's account (recorded in writing), tachos, defect sheets, maintenance records and repair invoices if applicable,
• If the issue of the FP is disputed, then it can be appealed against within 28 days. VOSA or the police can be asked in writing for its issue to be reviewed — there is, in reality, a very small time scale within which to do this (10 days for VOSA). Otherwise the 'appeal' will in reality be opting to go to court.
• As a general rule, it is unwise for a driver to decline to pay an FP unless there is some clear defence and there is also the will to contest it fully in court. There is no point in declining an FP only to plead guilty in court where in most cases the penalty is likely to be greater. This is the major disincentive against contesting FPs, and cynics would say this is a calculated motive on the part of government to deal with offending by FP, not just in the road transport sector. The Magistrates Association has recently been very vocal in its concern about the growing use of fixed penalties removing cases from the courts in what are essentially criminal law offences.
• More information can be found by logging on to www.vosa.gov.uk