Vosa's new fixed penalty scheme

Drivers meeting today briefing us about vosa’s new fixed penalty scheme. I thought the fines where for foreign drivers but apparently not :unamused: But the thought of making a genuine mistake ie forgetting to take a break to comply with WTD or taking it off break too earlier could result in you getting a fine makes me mad :imp:

The boss made a graph of last years infringements and if a vosa officer stopped me over each infringement i would have fines totaling over a £1000 - now that’s me who sticks to speed limits religiously , tries to do everything by the book but makes the odd ■■■■ up with WTD rules.

( highly unlikely we ever get stopped anyway but not the point )

Is it me or did the vosa budget get capped and their raising funds for their Christmas night out.

WTD rules
Driving rules
Highway code rules
new CPC carry on
Health and safety rules coming out my ears and trying to remember each sites do’s and donts

My head is spinning with all these rules and regulations. Ok we drive HGV’s extremely dangerous pieces of equipment, i understand stand the strict need for regulation but you show me where i can get all the info i need as a professional driver in one place and i’ll show you a liar or a magaican :laughing:

Anyway just needed a bit of a rant - it just seems like one more thing every year if you know what i mean :open_mouth:

merc0447:
The boss made a graph of last years infringements and if a vosa officer stopped me over each infringement i would have fines totaling over a £1000 - now that’s me who sticks to speed limits religiously , tries to do everything by the book but makes the odd ■■■■ up with WTD rules.

This is what scares me too, merc0447; that however hard I try to stick by the rules, that somehow I’ll get it wrong :open_mouth: :frowning:

How many uk drivers pay VOSA fines :question:

Maybe I got this new VOSA thing wrong but I thought the on the spot fines are for drivers without uk addresses which I ASSUME is for all infringements as they cannot fine the operators.

It would then be up to the non uk driver to get paid back by their non uk operator

I thought that fines for dodgy brakes etc were aimed at operators in the case of uk but this would be impossible if the operator was foreign.

From what I’ve been told the fines are for everybody but if you don’t have a UK address they will impound the truck untill they recieve payment :exclamation:

I think you will find that the VOSA can and does exchange information with its partners in the EU and so any non uk company will
have its answering to do

What may come about because of the new action by VOSA
is the fact that once firms have been stopped fined and perhaps
forbidden to move until either repairs or in the case of a
weekend rest period for the driver has been completed,
They will start to change how they operate ,also let the UK
act just like the other EU partners stop and check at the borders
(Irregulary); YES WE WOULD HAVE SOME PROBLEMS BUT
this can stop bad operators and this means ALL trucks no
matter which ever country they come from, and if NON
-UK trucks are found wanting refuse entry to the UK,
Germany does this and so do a few others if they catch
the offender on the border, so it must be allowed by EU law,
no one can say the UK is acting illegaly then…

Details of the offences and fines can be downloaded here http://www.driverhire.co.uk/Global/VOSA%20Fixed%20Penalties.pdf

Here are some FAQ

What are the new enforcement powers to be used by VOSA?

Under the Road Safety Act 2006 VOSA Examiners will be able to issue Fixed Penalty Notices to UK drivers and take On the Spot payments from Non UK drivers. The amount of any penalty will vary according to the severity of the offence.

What does the term ‘graduated’ fixed penalty mean?

To ensure equality of treatment for those drivers who are resident in the UK and those that are not. The “graduated” element of the scheme relates to certain offences (drivers’ hours and overloading) that have graduated bands of penalty, dependant upon the severity of the breach.

When will it be introduced by VOSA?

The scheme is due to go live in Spring 2009.

Does the scheme cover the whole of GB?

Yes, VOSA will apply the new enforcement system in England, Scotland and Wales. The authorities in Northern Ireland are working on the introduction of a similar scheme in due course.

Who will the scheme affect and for what type of offences?

The scheme will affect all drivers, regardless of the type of vehicle they are driving. The new system affects all drivers regardless of their nationality and whether they live within the UK or reside abroad.

Will VOSA deal with all offences they find by issuing a Fixed Penalty Notice?

No. Very serious offences will be prosecuted at court as they are currently.

Are VOSA Examiners able to issue Fixed Penalty notices for speeding offences?

No, VOSA Examiners will not be able to issue Fixed Penalties for any moving traffic offences.

What offences can be dealt with by means of a Graduated Fixed Penalty?

The offences include those for overloading, drivers’ hours, tachograph records, vehicle defects, driver licensing, European Community licences and plating and testing

What will happen if a VOSA examiner finds a Fixed Penalty offence?

The process will depend on whether or not you have a satisfactory UK address i.e. an address where a summons could be served on you. If you give a UK address where you can be found in connection with any proceedings, then you will be issued with a Fixed Penalty Notice and will have 28 days from the date of issue to pay that notice, akin to the current Police fixed penalty system. If you do not have a satisfactory UK address, then you will need to make a deposit payment ’on the spot’. Failure to do so will lead to prohibition on further driving of your vehicle and may lead to the vehicle being immobilised.

Could I still be taken to court for offences that VOSA find during a roadside inspection?

Yes, for more serious offences, for example falsifying records, then court action will be an option available. Those drivers unable to provide a satisfactory address within the UK will be required to make a deposit payment on the spot against any fine imposed by the courts.

Will my boss receive a Fixed Penalty as well?

No, but all fixed penalties issued to drivers will be filtered into VOSA’s targeting systems and will be held on the operator’s record. Ultimately, the Traffic Commissioners will be able to take disciplinary action against those operators of licensed vehicles whose drivers repeatedly attract a number of Fixed Penalty Notices.

How will my boss know I’ve been given a Fixed Penalty?

VOSA will send a letter of notification to all licensed operators shortly after the fixed penalty has been issued.

Will these Notices replace prohibitions?

No. The Fixed Penalty Notice is an alternative to court proceedings. Prohibition notices will continue to be issued as they are currently.

Will VOSA be able to put penalty points on my driving licence?

Yes. Certain vehicle defects, such as those to relating to brakes, steering and tyre defects, will incur endorsable penalties. These will lead to 3 points being added to your licence in addition to the penalty.

If I’ve received an endorsable fixed penalty, where do I send my driving licence to?

In order to accept the Fixed Penalty, you will have 14 days to submit your licence to the address shown at the end of this document. If you do not submit your licence, you will be seen to have not accepted the Fixed Penalty and be prosecuted for the original offence.

Will a foreign driver who commits an endorsable offence have his licence endorsed?

Endorsements will go on a driver record that will be held on at DVLA and ‘tot’ up just like a GB driver. If the points accumulated are sufficient to lead to disqualification, then the foreign driver will be prosecuted and could have his entitlement to drive in this country taken away.

What is a ‘Deposit’?

A deposit payment is required from drivers who do not have a suitable UK address where they can be found. The amount will be relevant to the offences committed. This will either be equal to the Fixed Penalty amount, or £300 per offence (with a ceiling of £900) for offences that are going to be prosecuted in court.

What is VOSA doing about repeat offenders?

VOSA will monitor repeat and serious offender and report those drivers who hold a vocational driving licence to the raffic Commissioner for consideration of disciplinary action. This information will also be linked to operator information and may be passed to the VOSA Regional Intelligence Units and could prompt operator visits and/or Traffic Commissioner involvement.

Will VOSA get the money from the Fixed Penalties to increase enforcement?

No, all the proceeds from the issue of Fixed Penalties will be paid into HM Treasury in the same way as Court Fines are.

If you have been issued with a Fixed Penalty Notice by a VOSA Examiner, the following information may be useful:

How much will I have to pay?

The amount required will be detailed on the paperwork you receive from the examiner. Fixed Penalty amounts range from £30 to £200 for each offence found. Drivers’ hours and overloading offences have graduated bands of penalty within this range, dependant upon the severity of the breach. For example, if you have exceeded your permitted daily driving period by less than 1 hour the penalty will be less than a driver who is between 1 and 2 hours in excess of the allowed daily driving period. If you do not have a suitable UK address and are found to have committed an offence which requires court action, the amount is £300 per offence up to a ceiling of £900.

How do I pay?

UK drivers will have 28 days to pay by credit/debit card by phone, or by sending a cheque or postal order to the address listed at the end of this FAQ. All contact details will be available in the notes on the back of the notice.

Will I have to pay the Penalty on the spot?

In most cases, if you reside within the UK you will have 28 days in which to send your payment to the VOSA Fixed Penalty Office. The ‘on the spot’ payments are only required from foreign based drivers and those without a verifiable address within the UK.

What happens if I don’t pay?

If the notice was issued in England or Wales, the penalty will be registered as an unpaid fine with the Court local to your home address. This court will then impose a fine equal to the notice amount plus 50%. It is then for the Court to enforce the fine, with an option for issuing a warrant for your arrest if you fail to respond.

If the notice was issued in Scotland, then the matter will be passed to the Procurator Fiscal to consider action against the original offence for which the Notice was issued.

Can I pay a fixed penalty notice in instalments?

No. The whole amount must be paid in full within 28 days. You can pay by credit card as well as a debit card.

Can anyone else pay my Fixed Penalty?

Yes, anyone can pay your Fixed Penalty. We would prefer payment to be made by credit or debit cards but guaranteed UK cheques and cash will be accepted ( £ sterling only).

Do I have to accept the Fixed Penalty?

No. You have 28 in which to elect a Court hearing. To do this, you will need to write to:

VOSA Fixed Penalty Office, at the address given at the end of this FAQ, and explain that you are Contesting the Notice and you wish to attend Court (follow the instructions in the notes on the back of the Notice).

What should I do if I want some advice on whether to challenge the fixed penalty ticket?

You should seek legal advice from a solicitor.

What should I do if I have lost the Fixed Penalty Notice given to me by a VOSA Examiner?

You should contact the VOSA Fixed Penalty Office at the address given at the end of this FAQ as soon as possible to inform them that you have lost the ticket. They will need to know your full name, date of birth, the registration number of the vehicle you were driving, and the date on which you were issued with the Notice. They will then send you a copy of the Notice. The 28 days in which you have to pay, or opt for a court hearing, is still calculated from the date you were issued with the Fixed Penalty Notice.

I have received a Fixed Penalty Notice for an endorsable offence. What should I do it I have lost my driving licence so cannot send it to the VOSA Fixed Penalty Office?

You should contact the VOSA Fixed Penalty Office at the address given at the end of this FAQ as soon as possible. The person who you speak to will take your details, and make a note of your call on the Fixed Penalty recording system. It is likely that you will be reported for prosecution if your driving licence is not received within 14 days, but there may be some discretion if you can prove that you have applied for

a new driving licence, and submit this as soon as you receive it. It may be possible for you to pay the penalty and have your licence endorsed, without having to attend court.

I sent my licence off with payment for the Fixed Penalty Notice and I have not got it back yet, what can I do?

You should usually receive your licence back within two weeks. If you have still not received your licence back after this length of time you should contact the VOSA Fixed Penalty Office at the address given at the end of this FAQ, who should be able to assist you.

If I pay a Fixed Penalty Deposit but want my case heard in court, what do I do?

You must contact the VOSA Fixed Penalty Office at the address given at the end of this FAQ in writing and advise them that you wish a court hearing. That will be arranged and you will receive a summons. If you are found not guilty you will get a full refund of the Deposit, plus any interest incurred.

What if I cannot pay a Deposit on the spot when I am required to do so?

The deposit system will mainly fall to foreign based drivers. This system is readily used all over Europe so drivers should carry means of payment of any penalties or fines they incur. If however, no payment is forthcoming, then the vehicle you are driving will be prohibited from further use and immobilised.

ROG:
How many UK drivers pay VOSA fines :question:

Maybe I got this new VOSA thing wrong but I thought the on the spot fines are for drivers without UK addresses which I ASSUME is for all infringements as they cannot fine the operators.

It would then be up to the non UK driver to get paid back by their non UK operator

I thought that fines for dodgy brakes etc were aimed at operators in the case of UK but this would be impossible if the operator was foreign.

Its for all drivers foreign and British - if your foreign you have to pay on the spot or the vehicle gets impounded. If your British and have a UK address a fixed penalty is given to be paid in a certain time frame or it goes up by 50%.

Also vosa are setting up a new database for HGV drivers but i don’t know the details on this as yet.

That’s basically the info i got bubsy06 except i think ours was provide by the FTA.

Do you remember when the police handed over parking to the local authorities a good few year ago. Well basically this is the police handing over control of policing freight on our roads. But remember these local authorities had to meet targets ie certain amount of fines - I’m worried in case vosa go down this route - the only good thing is that 1 vosa officer can only hand out 3 fines to any one driver at any one time.

merc0447:
That’s basically the info i got bubsy06 except i think ours was provide by the FTA.

This info is from the FTA it was on the driver hire site though. When you click here http://www.driverhire.co.uk/Global/VOSA%20Fixed%20Penalties.pdf it takes you to an online FTA booklet.

CRISPY:
From what I’ve been told the fines are for everybody but if you don’t have a UK address they will impound the truck untill they recieve payment :exclamation:

Just to give an additional heads up, I would advise ALL drivers irrespective of nationality to carry with them (in addition to their usual documents) a utility bill/bank statement from their home address that is no less than 12 weeks old, as if the VOSA examiner issuing a fixed penalty is in any doubt at all about the address a driver provides then the examiner is fully within their powers to deal with the driver as a non UK driver and issue an “on the spot” fine and court deposits (upto £900). Consequently if the driver fails to pay these “on the spot” then the examiner can also immobilise the unit AND the trailer! :open_mouth:

PO Box addresses, business addresses, caravan parks, hotels, b&b’s, basically anything other than a verified residential address will be insufficient as the examiner must be satisfied that the address given is where the driver resides and could easily be found so if necessary a court summons issued.

The fixed penaltys have primarily been introduced to level the playing field in terms of how foreign drivers are dealt with in the UK. Just like FPN’s issued by the police, VOSA recieve no money at all from the fines issued as it all goes directly to the treasury.

southcoastsurfer:
The fixed penaltys have primarily been introduced to level the playing field in terms of how foreign drivers are dealt with in the UK.

So we’ve been led to believe. There’s no money for extra Police on the streets, but the Government can find extra millions to check foreign HGV’s? The reality is the the European Commision have dictated this regime of checking vehicles in all ‘member states’, and they have gone to great lenghts to prepare the neccesary legislation for it EU wide.

southcoastsurfer:
Just like FPN’s issued by the police, VOSA recieve no money at all from the fines issued as it all goes directly to the treasury.

A sure guarantee the scheme will be an unqualified success !!

  1. vosa man gives you a fine, smile, be polite, say nothing that may incriminate you.
  2. don’t pay it.
  3. attend the magistrates court.
  4. plead not guilty, and elect trial by jury.

the charge will probably be dropped altogether, or lowered to a lesser charge.
if they offer you the lesser charge, you are already winning, refuse the lesser charge.

the on the spot fines are low for a reason. it’s so people will pay instead of going to court, then vosa get a pat on the back for accumulating mp’s beer tokens.

if you are fined for tacho offences, then just remember what has been ruled by several judges.
“tachographs are not legal documents.”
that’s what the judges say, not me.

you are required by law to keep a written record. so do it. if you are over your hours write it in a diary with a brief explanation, you’ve then done what the law requires.
for example. you are stuck in traffic due to a heavy snow fall and several accidents, you end up over your spreadover and driving time. so you write it all down in your diary, so you can revert back to it. if you don’t, then how do they know what the reason is.
i can’t remember everything i did last tuesday, can you?

I wonder how long this will take before it filters down to all motorists? A money spinner like this is sure to spread. Truck driving is getting to the point now where it isn’t worth the candle.

limeyphil:

  1. vosa man gives you a fine, smile, be polite, say nothing that may incriminate you.
  2. don’t pay it.
  3. attend the magistrates court.
  4. plead not guilty, and elect trial by jury.

the charge will probably be dropped altogether, or lowered to a lesser charge.
if they offer you the lesser charge, you are already winning, refuse the lesser charge.

the on the spot fines are low for a reason. it’s so people will pay instead of going to court, then vosa get a pat on the back for accumulating mp’s beer tokens.

if you are fined for tacho offences, then just remember what has been ruled by several judges.
“tachographs are not legal documents.”
that’s what the judges say, not me.

you are required by law to keep a written record. so do it. if you are over your hours write it in a diary with a brief explanation, you’ve then done what the law requires.
for example. you are stuck in traffic due to a heavy snow fall and several accidents, you end up over your spreadover and driving time. so you write it all down in your diary, so you can revert back to it. if you don’t, then how do they know what the reason is.
i can’t remember everything i did last tuesday, can you?

i think you have got that spot on phil.cant fault you.i cant stop thinking that this is going to descend into another money making scam for the goverment.i think the future may hold some interesting court cases.just one thing,however did you manage to write a post without mentioning bb?.

buck73:
however did you manage to write a post without mentioning bb?.

Good calma, and budweiser. :laughing:

Beware though limeyphil, been reading up on this one, the other flip on electing to go to court is " a 50 per cent additional fee may be added to the original FPN by electing to go to court" no doubt also copping for all court costs ( if found guilty) and a victims surcharge !!

bigtrev:
Beware though limeyphil, been reading up on this one, the other flip on electing to go to court is " a 50 per cent additional fee may be added to the original FPN by electing to go to court" no doubt also copping for all court costs ( if found guilty) and a victims surcharge !!

it is not an extra charge. the fine may be , lets say £100, but if you pay within 28 days, they will reduce it to £30.
it kind of says it all.
however,
i have spent many days in court, and on remand, and i have never been found guilty. but they have to pay me for my time inside.
the trouble is,it takes time.
the amount on law is £1000 per hour to a maximum of £10000 of any 24hour period. “i’m not poor”

they expext everyone will plead guilty for an easy life.

i don’t.

never will.

vote for phil. :laughing: