For some more serious offences
involving the endorsements of penalty points on licences, the
FPN will be £60.00. If payment is made within 28 days that will
be the end of the matter.
More serious offences are
outside the scope of the FPN schemes so penalty points may only
be imposed by a court.
Non-endorsable / endorsable.
In the case of non-endorsable
offences involving stationary vehicles (e.g.. Parking), FPN may
be fixed to a vehicle by a traffic warden or a police officer.
In the case of other minor
offences related to driving a vehicle, but not involving licence
endorsements (e.g.. Not wearing a safety helmet or driving the
wrong way in a one way street), a FPN may be given to the driver
but only by a uniformed police officer.
To challenge a Penalty Charge
Notice (PCN) or have mitigating circumstances considered, write
to the council whose address is on the back of the ticket. If
they refuse to cancel the ticket you can take up an appeal with
an independent tribunal.
In the case of endorsable
offences coming within the scheme, only a uniformed police officer
is able to give a FPN
Traffic wardens may, however,
issue notices for parking in pedestrian crossing areas, subject
to local policy. The police officer will want to examine the drivers
licence in order to check any penalty points, because a FPN cannot
be given for an offence which would take the total points to 12
or more, as this generally requires disqualification to be ordered
by a court.
A police officer decides.
Whether the offence involves
points or not, only a police officer can decide when to give a
FPN. A driver cannot demand such an opportunity to avoid prosecution
in a court.
In the case of an endorsable
offences, the driver will be asked to surrender his/hers licence
to the police officer on receiving the FPN. If a driver has not
got his/her licence with them, they will issue a "Provisional
Fixed Penalty Notice" requiring him/her to take it to a police
station of there choice, (other than one in Scotland), within
7 days and, provided endorsement does not bring the number of
penalty points to 12 or more, the provisional fixed penalty will
be converted to a substantive one. The licence will be returned
after the penalty points have been endorsed and the penalty has
either been paid of registered as a fine.
If a fixed penalty is not
paid, or a court hearing not requested within 28 days by the registered
owner of the vehicle, the penalty will be increased by 50% and
registered as a fine after which the court will be able to use
all its powers to enforce payment.
The motorist is under no obligation
to pay a fixed penalty if he/she considers himself/herself innocent
of any offence charged and the right to elect trial in court is
clearly stated in the notice. He/she has 28 days to decide what
to do - pay the penalty or take the matter to the court.
A cheaper option.
Generally speaking, payment
of the fixed penalty is likely to be a cheaper option than contesting
the matter in court, where there is a risk of costs being awarded
against the motorist. Whilst attendance at court is usually unnecessary
if pleading guilty to a relatively minor offence, the motorist
still suffers inconvenience and anxiety prior to the court hearing
- he/she has to consider preparing a statement of mitigating circumstances,
there is the inevitable wait before being informed of the fine
imposed and the need to arrange prompt payment after notification.
This can be avoided if the motorist accepts the fixed penalty.
Seek advice in this case from a legal department.
Multi-offence conviction.
On conviction of more than
one offence on the same occasion, penalty points are only be imposed
in respect of the offence receiving the highest number of points.
Accumulation of points.
Disqualification for at
least 6 months will follow the accumulation of 12 penalty points
within the period of 3 years - for instance four 3 point speeding
offences committed.
Once this has happened the
points cease to count and after the expiry of the disqualification
the driver starts again with a 'clean slate'.
I the driver has 12 points
of more has already had a disqualification within 3 years proceeding
the commission of the latest offence he/she will be disqualified
for at least 12 months. If he/she has had two or more he/she will
be disqualified for at least 2 years. The courts have the power
to order shorter disqualification or no disqualification if exceptional
hardship is involved but their powers to do so are restricted.
Offenders will not be able to plead the same mitigating circumstances
more than once in three years.
Penalty points for each offence
which do not result in disqualification - in other words, those
who do not add up to 12 within 3 years - will cease to count 3
years after the date of the offence.
You can apply to the DVLA
(Swansea) for the removal of the points after 4 years from the
date of the offence.
The Road Traffic
( New Drivers) Act 1995
This Act will affect you
if you pass your first driving test on or after 1 June 1997. If
you incur penalty points in the two year period immediately following
your first successful driving test, and your penalty points add
up to 6 or more (including any that were incurred within 3 years
of the latest conviction) your licence will be revoked by DVLA.
You will then have to obtain a provisional licence, drive as a
learner and pass the theory and practical test again in order
to regain your full driving licence. Passing the re-test will
not remove the penalty points from your licence, and if the total
reaches 12, you are liable to be disqualified by a court.
Speed limits.
The speed limit on a Motorway
/ Dual Carriageway 70mph and that on other roads 60mph. Only roads
subject to a lower limit have to be marked by signs.
A general speed limit of 30mph
applies on roads having street lighting provided by means of lamps
placed 200 yards or less apart unless there are de-restriction
signs. On other roads where the speed limit is in excess of 30mph
a motorist shall not be convicted for exceeding the speed limit
unless 'repeater' signs are erected.
I suggest if you have ant
doubt the get a copy of the 'Highway Code'
Evidence in speeding cases.
The opinion of two people
(not necessarily police officers) is enough to secure a conviction.
Alternatively, the court will usually accept the evidence of one
police officer who followed the accused and was watching a speedometer,
or who noted the speed on equipment. If the limit was exceeded
by only 5mph or less the motorist will usually be given a caution.
Speeding is an absolute offence
and it is no defence to argue that the speeding did not cause
any danger. If danger was caused then it is likely that the more
serious of charges of careless or dangerous driving may also be
brought.
It is extremely difficult
to defend a speeding charge successfully. Usually it is alleged
that the motorist was exceeding the limit by at least 10mph so
it is difficult to argue that this was a mistake or that the police
officer's speedometer was inaccurate. It is particularly difficult
to defend a charge if the motorist was caught in a electronic
trap (e.g.. Radar, laser & Gatso), since all such speed measuring
devices are Home Office approved and few magistrates are prepared
to accept the argument of mistaken identity.
Penalty points system.
Offences attracting penalty
points, together with details of the points, which will be imposed,
are listed in the following chart. No disqualification may be
ordered unless there is an order for endorsement. Some offences
carry a compulsory order for disqualification and this must be
imposed by the court unless there are 'special reasons' for not
doing so.
Disqualification remains obligatory
for certain offences (e.g. dangerous driving, or drinking and
driving as opposed to being drunk in charge), so, in general terms,
penalty points will only be endorsed in cases where the licence
endorsement is obligatory and disqualification is discretionary
but not imposed. If a previous drink driving offence took place
during the 10 years preceding the current offence, the court must
disqualify for at least 3 years.
The court also has the power
to order a re-test following conviction for any endorsable offence
if considered appropriate.
Penalty points.
2
points |
Play Street offences |
3
points |
Driving with uncorrected defective eyesight.
Exceeding
a speed limit (dealt with by a fixed penalty) i.e. £40.00
fine payable within 28 days.
Failure
to obey sign exhibited by school crossing patrol.
Contravention of pedestrian crossing regulations.
Contravention
of traffic regulations on special roads (e.g. motorways).
Contravention
of certain construction and use regulations (e.g. dangerous
condition, defective breaks, steering or tyres).
Leaving
a vehicle in a dangerous position and stopping within the
confines of a Pelican/Zebra crossing.
Failure
to give information. |
3 - 6
points |
Learner motorcyclist with a passenger.
Driving
otherwise than in accordance with a Licence (e.g. under
age, unsupervised in car, no 'L' plates.
Exceeding
a speed limit (Summons). |
3 - 9
points |
Careless or inconsiderate driving. |
3 - 11
points |
Dangerous driving (Disqualify for 12 months minimum, unless
special reason and order extended re-test Custodial sentence
may apply. |
4
points |
Refusing roadside breath test. |
5 - 10
points |
Failing to stop after an accident (Discretionary Disqualification).
Failing
to report an accident to the police (Discretionary Disqualification). |
6
points |
Driving while disqualified by order of court (Discretionary
Disqualification). |
6 - 8
points |
Using, or causing of permitting use of, motor vehicle uninsured
and unsecured against third party risks (Discretionary Disqualification). |
10
points |
Being in charge of a motor vehicle when unfit through drink
or drugs (Discretionary Disqualification. Custodial sentence
may apply)
Being in
charge of a motor vehicle with alcohol above the prescribed
limit (Discretionary Disqualification. Community penalty
or Custodial sentence may apply).
Failing
to provide specimen for analysis in 'in charge' cases (Discretionary
Disqualification. Custodial sentence may apply). |
