Concern over fixed penalty fine level

Commercial Motor
September 5, 2007

The freight industry has joined VOSA officials in expressing concern that the level of fines being proposed by the Graduated Fixed Penalty and Deposit Scheme will be too low to act as a deterrent. Under the scheme, which is expected to be introduced in the middle of next year, fixed penalties will be levied for various roadworthiness and other offences, including overloading, drivers' hours, driver licensing and vehicle excise duty.

Fines will range between £30 and £200 depending on the severity of the offence. Foreign drivers will have to pay a deposit where an offence is committed in a bid to prevent them escaping punishment in the UK. Examiners will have the power to immobilise the vehicle if a request is refused. Responding to the consultation paper on the scheme, the Freight Transport Association (FTA) says it believes that the £200 fines proposed for the most serious breaches "are insufficient to deter this type of offence".

The FTA also wants assurance that non-compliant foreign drivers will not escape appropriate sanctions due to legal technicalities and argues that increasing the level of penalty for the most serious - Band 4 - offences must be considered. The FTA believes that the use of immobilisation devices, such as clamps, must only be used where appropriate and only where there is a reasonable risk of the driver contravening a prohibition.

Road Haulage Association (RHA) policy director Jack Semple agrees with the FTA that the fines are "a bit low at the top end". He says that the RHA does not want to see the scheme "become revenue-generating or target-based". And Semple stresses that a common and consistent approach to enforcement of both UK and foreign operators is crucial. At an international lorry check earlier this year, Janice James, senior intelligence officer at VOSA, admitted that she did not believe the level of fines proposed will have a substantial impact on foreign hauliers.

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