Graduated fixed penalties

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Graduated Fixed Penalties

VOSA Roadside Enforcement

As you may be aware, from 28th May 2009 the Vehicle and Operator Services Agency (VOSA) can begin to issue fixed penalty notices at roadside checks to drivers who have broken the law. The fixed penalties have been extended to apply to more offences, such as drivers’ hour’s law breaches and driver CPC infringements. It is the enforcement officer’s decision whether to offer you a fixed penalty instead of taking the matter to court. Fixed penalties always incur a fine, which can range from £30 to £200 depending on the seriousness of the offence, but may attract penalty points on your driving licence if the offence is endorsable. If, under the totting up process you would potentially go over 12 points the matter must go to court. You could be fined or disqualified from driving, and VOSA may report the matter to the Traffic Commissioner, who could suspend or revoke your vocational driving licence.

If the offence is endorsable you will have to produce your driving licence at the roadside or within 14 days by post to VOSA. You will have 28 days to decide whether you wish to accept the penalty or to ask to appear in court. It is a legal requirement that the Traffic Commissioner is informed every time you accept a fixed penalty notice as well as when you are convicted.

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EU DRIVERS’ HOURS
GRADUATED PENALTIES

Infringement	£60.00	£120.00	£200.00
Daily driving - exceeding 9hrs	More than 9hrs but less than 10hrs driving	10hrs or more but less than 11hrs driving	11hrs or more driving
Daily driving - exceeding 10hrs	More than 10hrs but less than 11hrs driving	11hrs or more but less than 12hrs driving	12hrs or more driving
Weekly driving -exceeding 56hrs	More than 56hrs but less than 58hrs driving	58hrs or more but less than 59hrs driving	59hrs or more driving
Two-weekly driving -exceeding 90hrs	More than 90hrs but less than 93hrs driving	93hrs or more but less than 94hrs driving	94hrs or more driving
Breaks from driving – exceeding 4.5hrs	More than 4.5hrs but less than 5.5hrs driving	5.5hrs or more but less than 6.5hrs driving	6.5hrs or more driving
Regular daily rest – less than 11hrs	Less than 11hrs but more than 10hrs rest	10hrs or less but more than 9hrs rest	9hrs or less rest
Reduced daily rest – less than 9hrs	Less than 9hrs but more than 8hrs rest	8hrs or less but more than 7hrs rest	7hrs or less rest
Split daily rest – less than 12hrs in total	Less than 12hrs but more than 11hrs rest	11hrs or less but more than 10hrs rest	10hrs or less rest
Split daily rest – first rest less than 3hrs	Less than 3hrs but more than 2hrs rest	2hrs or less but more than 1hr rest	1hr or less rest
Split daily rest – second rest less than	9hrs Less than 9hrs but more than 8hrs rest	8hrs or less but more than 7hrs rest	7hrs or less rest
Multi-manning daily rest – less than 9hrs in 30hrs	Less than 9hrs but more than 8hrs rest	8hrs or less but more than 7hrs rest	7hrs or less rest
Regular weekly rest – less than 45hrs	Less than 45hrs but more than 43hrs rest	43hrs or less but more than 42hrs rest	42hrs or less rest
Reduced weekly rest – less than 24hrs	Less than 24hrs but more than 23hrs rest	22hrs or less but more than 21hrs rest	21hrs or less rest
Weekly rest compensation – less than equivalent	Up to 3hrs less rest than required	3hrs or more but less than 4hrs less rest than required	4hrs or more less rest than required

Domestic driving hours – goods vehicles
Graduated Penalties

Infringement	£60.00	£120.00	£200.00
Daily driving limit – exceeding 10hrs	More than 10hrs but less than 11hrs driving	11hrs or more but less than 12hrs driving	More than 12 hours driving
Daily duty limit – exceeding 11hrs	More than 11hrs but less than 12hrs duty	12hrs or more but less than 13hrs duty	More than 13hrs duty

Domestic Driving Hours -

Passenger Vehicles Graduated Penalties

Infringement	£60.00	£120.00	£200.00
Daily driving limit – exceeding 10hrs	More than 10hrs but less than 11hrs driving	11hrs or more but less than 12hrs driving	12hrs or more driving
Daily working limit – exceeding 16hrs	More than 16hrs but less than 17hrs working	17hrs or more but less than 18hrs working	More than 18hrs working
Break for rest and refreshment as required	Driving for up to 1hr beyond required break	Driving for 1hr or more, but less than 2hrs beyond required break	Driving for more than 2hrs beyond required break
Daily rest periods between successive days – less than 11hrs	Less than 11hrs but more than 10hrs rest	10hrs or less, but more than 9hrs rest	9hrs or less
Regular daily rest – less than 10hrs	Less than 10hrs but more than 9hrs rest	9hrs or less but more than 8hrs rest	8hrs or less rest
Reduced daily rest – less than 8.5hrs	Less than 8.5hrs but more than 7.5hrs rest	7.5hrs or less but more than 6.5hrs rest	6.5hrs or less rest
Weekly rest – less than 24hrs	Less than 24hrs but more than 23hrs rest	23hrs or less but more than 22hrs rest	22hrs or less rest
Weekly rest in two-week period	Less than 24hrs but more than 23hrs rest	23hrs or less but more than 22hrs rest	22hrs or less rest

DRIVERS’ RECORDS FIXED PENALTIES

Infringement	Fine
Failure to ensure recording equipment installed in accordance with Article 3(1) of the community regulation.	£200.00
Failure to ensure proper use of the recording equipment in accordance with Article 13 of the community regulation.	£120.00
Failure to ensure the correct functioning of recording equipment or driver card in accordance with Article 13 of the community regulation.	£60.00
Failure to ensure the proper use of the driver card in accordance with Article 13 of the community regulation.	£200.00
Failure to ensure that printing can be carried out correctly in the event of an inspection (other than failure to provide sufficient printing material), in accordance with Article 14(1) of the community regulation.	£120.00
Failure to ensure that printing can be carried out correctly in the event of an inspection by a failure to provide sufficient printing material, in accordance with Article 14(1) of the community regulation.	£60.00
Using a driver card of which the driver is not the holder, contrary to Article 14(4)(a) of the community regulation.	£200.00
Using a defective card, contrary to Article 14(4)(a) of the community regulation.	£60.00
Failure at the start of the journey, to print out information, etc, in accordance with Article 15(1)(a) of the community regulation.	£120.00
Failure at the end of the journey, to print out information, etc, in accordance with Article 15(1)(b) of the community regulation.	£120.00
Failure to use record sheets or driver card, in accordance with 15 (2) of the community regulation.	£200.00
Unauthorised withdrawal of record sheet or driver card, contrary to Article 15(2) of the community regulation.	£120.00
Failure to enter legibly on the record sheet, when away from the vehicle, periods of time, in accordance with Article 15(2) of the community regulation.	£120.00
Failure to amend record sheet or driver card as necessary when more than one driver on board the vehicle, in accordance with Article 15(2) of the community regulation.	£120.00

OVERLOADING
GRADUATED PENALTIES

Infringement	£60.00	£120.00	£200.00
Vehicle maximum authorised weight exceeded	Exceeded weight by up to 10 %	Exceeded weight by 10 % or more, but less than 15 %	Exceeded weight by 15 % or more
Combination maximum authorised weight exceeded	Exceeded weight by up to 10 %	Exceeded weight by 10 % or more, but less than 15%	Exceeded weight by 15% or more
Axle maximum authorised weight exceeded	Exceeded weight by up to 10 %	Exceeded weight by 10 % or more, but less than 15 %	Exceeded weight by 15 % or more
Vehicle maximum permitted laden weight exceeded	Exceeded weight by up to 10 %	Exceeded weight by 10 % or more, but less than 15 %	Exceeded weight by 15 % or more
Trailer maximum permitted laden weight exceeded	Exceeded weight by up to 10 %	Exceeded weight by 10 % or more, but less than 15 %	Exceeded weight by 15 % or more
Vehicle and trailer, other than an articulated vehicle, maximum permitted laden weight exceeded	Exceeded weight by up to 10 %	Exceeded weight by 10 % or more, but less than 15 %	Exceeded weight by 15 % or more
Exceeding any weights shown on a plate fitted in accordance with regulation 66 of the Construction and Use Regulations (plates for goods vehicles)	Exceeded weight by up to 10 %	Exceeded weight by 10 % or more, but less than 15 %	Exceeded weight by 15 % or more
Exceeding any weight shown in column (2) of the plating certificate (weights not to be exceeded in Great Britain)	Exceeded weight by up to 10 %	Exceeded weight by 10 % or more, but less than 15 %	Exceeded weight by 15 % or more
Agricultural trailer appliance maximum gross weight exceeded	Exceeded weight by up to 10 %	Exceeded weight by 10 % or more, but less than 15 %	Exceeded weight by 15 % or more
Sum of weights of compensating axles exceeded	Exceeded weight by up to 10 %	Exceeded weight by 10 % or more, but less than 15 %	Exceeded weight by 15 % or more

OTHER FIXED PENALTIES

Infringement	Fine
Failure to have a tread pattern of at least 1mm	£120.00+ 3 points
Other breach of requirement as to brakes, steering or tyres	£60.00 + 3 points
Failure to meet requirements relating to speed limiters	£120.00
Breach of other construction and use requirements not specified elsewhere (under S42 of the 1988 Road Traffic Act)	£30.00
Breach of seat belt regulations	£60.00
Breach of requirement to control the vehicle, including use of mobile phones	£60.00 + 3 points
Driving or keeping a vehicle with registration mark obscured	£30.00
Failing to hold an operator’s licence	£200.00
Obstructing a traffic officer	£200.00
Parking a heavy commercial vehicle on a verge or footway	£30.00
Having an illagal registration plate (incorrect colour or font)	£60.00