PENALTY CHALLENGE
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VOSA is not just battling to Carry Out its enforcement activities at ports; it is also going to court to prove it can dish out fixed penalties.
Two HGV drivers have recently challenged fixed penalties for overloading their vehicles, after being stopped by VOSA as part of regular inspections at ports. Both cases were settled in a magistrates' court; VOSA says Bracknell-based Keith Jells was eventually found guilty and received a E500 fine plus E2,000 costs. Peter Orr, who was stopped in Portsmouth port, tells CM he had to change his plea to guilty because he did not have the money to fight the case at a crown court. He also got a £500 fine and E2,000 costs.
It means that the test of whether a lack of express permission from a port to carry out enforcement activities beats VOSA's powers to engage in enforcement activities, remains unheard by the courts.
Transport lawyer Tim Culpin says any case would focus on the definition of a 'road', for which there exists case law and legislation. Therefore he suspects a driver would struggle to win. "VOSAS argument would be," he adds, "it is a road, we have powers to engage in enforcement activities in relation to roads and, if that is challenged, a court would have to be persuaded that a lack of express permission trumped the fact that an operator was travelling overloaded and unlawfully on what is a public road.
"The counter argument is, even if it's accepted, the relevant area constitutes a road. the lack of express permission given to VOSA is fatal to their enforcement actions." A VOSA spokesman says it "would have had" permission at Portsmouth port to fine the two drivers.