Graduated Fixed Penalty, Financial Penalties Deposit and Immobilisation Schemes
Graduated Fixed Penalty, Financial Penalties Deposit and Immobilisation Schemes:
Start date April 2009 and New Regulations
The regulations which introduce new fixed penalties, financial penalty deposits and
immobilisation, removal and disposal of vehicles have now been published and come
into force on 31st March 2009.
VOSA does not appear to be implementing commencement of this scheme until May (probably
May 28th) various police constabularies have indicated to us they anticipate they
will commence enforcement under the schemes with effect from 1st April 2009 onwards.
Therefore drivers should be aware of this and plan accordingly.
These newly published regulations list new fixed penalties not previously covered
by earlier fixed penalty schemes dealing with domestic and EU drivers' hours rules
and tachograph use, prohibitions of foreign vehicles, fail to hold O licence, community
authorisations and cabotage etc.
Separate regulations list the amount of £200, £120 and £60 to be imposed for each
specific new fixed penalty offence - drivers' hours offences and overloading offences
are graduated in penalty according to seriousness.
There are separate regulations for financial roadside deposits. These regulations
list all the offences (including ones previously dealt with under fixed penalties
by the police) which are to be the subject of this scheme and sums of £200, £120,
£60 may be required from drivers without a satisfactory UK address; there are also
£30 penalties under this scheme. Where such a driver is to be prosecuted, they will
have to pay a deposit of £300 for a maximum 3 offences i.e. £900 as a surety aginst
any future fine.
Separate regulations deal with immobilisation, removal and disposal of vehicles.
In short, where a vehicle has been prohibited from being driven under the Drivers'
Hours Rules, vehicles are unfit or overloaded or where no financial deposit has been
paid the immobilisation of the vehicle can take place. There are fees for release
of vehicle and removal and/or disposal.
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