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Roadside Fines for Foreign Drivers in Britain

A Consultation 

28 July, 2004

Proposals to stop foreign hauliers [i.e. commercial trucking companies and their drivers] and coach drivers who commit motoring offences avoiding penalties by leaving the country and a fairer system of penalties for all commercial drivers were announced today by Road Safety Minister David Jamieson.

'Consultation on the introduction of a Graduated Fixed Penalty and Deposit Scheme' invites comment on the introduction of a graduated fixed penalty and a roadside deposit scheme for commercial vehicles.

The consultation seeks views on:

• a deposit scheme whereby offending non-UK resident drivers must pay an immediate deposit at the roadside equal to the fine that their offence would attract. This could subsequently be extended to car drivers from overseas.

• a fairer system of penalties for offences through a graduated fixed penalty scheme;

• empowering the Vehicle and Operator Services Agency (VOSA), as well as the Police, to issue fixed penalty notices to offending vehicles.

As part of the proposals, the details relating to their implementation would be subject to further consultation prior to their introduction.

David Jamieson said

"The Government is keen to clear up the unfair situation where foreign hauliers can avoid paying a penalty by leaving the country. It is only right that foreign hauliers are treated the same as UK ones, particularly as UK drivers in Europe cannot escape penalties. I'm aware that UK hauliers feel strongly on this matter and I want to make these changes as soon as possible.

 

"We are also consulting on graduated penalties, which would reflect the seriousness and number of offences. I hope that we'll be able to have a system where sanctions for commercial vehicles are more proportionate and effective. This would ensure that the penalty best reflected the offence and it should simplify enforcement as fewer cases would be dealt with through the Courts."

The consultation paper also includes proposals to address existing shortcomings in the law as it applies to the enforcement of the drivers' hours rules.

Notes:

The existing framework of penalties for traffic and roadworthiness offences does not, at present, represent a sufficient deterrent to infringements of road safety related legislation. The proposals, set out in this consultation paper, would allow us to help reduce bureaucracy in dealing with routine offences, initially involving commercial vehicles, help demonstrate consistency and transparency in penalties, and speed up the enforcement process. In addition, they would help prevent offenders without a UK address to escape penalties altogether.

There are three elements to our proposals:

To introduce a system of penalties for offences involving commercial vehicles through a graduated fixed penalty scheme. This would deal effectively with cases such as multiple offences arising from the commercial operation of vehicles which currently can prove cumbersome and timely to process. Certain penalties will be graduated to reflect the number and severity of the offences. These arrangements will complement existing fixed penalty powers available to the police.

To empower VOSA, as well as the Police, to issue fixed penalty notices. Currently, VOSA have powers to carry out roadside checks and prohibit vehicles but for any other penalties, including the most minor, they have to use the Court system. Police already have the authority to issue fixed penalty notices for many endorseable and non-endorseable traffic and roadworthiness offences. The legislation precludes the issue of a notice in respect of an endorseable offence to a non-UK resident. We propose to rationalise the arrangements by allowing both enforcement agencies to issue fixed penalty notices to both UK and non-UK resident drivers.

Failure to pay a fixed penalty or request a court hearing would result in the fixed penalty being registered with the Courts. All serious offences would also continue to be dealt with by the Courts.

Both domestic and non-UK resident offenders would still have the option of attending Court. Where a deposit is paid by non-UK residents, it would be returned if the Court found no offence had been committed.

The scheme will apply to England, Scotland and Wales.

The consultation paper is attached. It is also available in the Welsh language.

The closing date for responses is 14 October 2004. All responses should go to Joanne Wake, Zone 2/21, Great Minster House, 76 Marsham Street, London, SW1P 4DR or e-mailed to commercialvehicle.enforcement@dft.gov.uk

Source: DfT News Release 2004/0101