NOT PROTECTIVELY MARKED FORCE PROCEDURES. Traffic Fixed Penalty & Conditional Offer Schemes (incorporating Graduated Fixed Penalty Tickets)

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1 FORCE PROCEDURES Traffic Fixed Penalty & Conditional Offer Schemes (incorporating Graduated Fixed Penalty Tickets) Procedure Reference Number: Procedure Author: Michael Jones Roads Policing Liaison Officer Procedure Review Date: June 2012 At the time of ratifying this procedure, the author is satisfied that this document complied with relevant legislation and Force requirements. Sign and date (Author(s)) V 1.1 NOT PROTECTIVELY MARKED 1

2 Procedure Index ELECTRONIC NAVIGATION: - move the cursor over the page number in the index or blue underlined text until a hand appears. Click the left mouse button once and it will jump to the specified part of the document. 1. Responsibilities Guidance Procedure Aim Appeals Review...6 V 1.1 NOT PROTECTIVELY MARKED 2

3 1. Responsibilities NOT PROTECTIVELY MARKED 1.1 The Chief Superintendent, Force Operations, is responsible for the development and monitoring of the Roads Policing policy and associated procedures. 1.2 The Superintendent, Force Operations, is responsible for the overall management of the force Road Policing strategy and compliance with this procedure. 1.3 The Superintendent, HQ Department of Criminal Justice is responsible for the supervision of all Central Ticket Office (back office procedures). 1.4 The Manager, Cheshire Safer Roads Partnership is responsible for the supervision of the staff within the Road Safety Camera Unit 2. Guidance 2.1 Introduction The fixed penalty system for offences in respect of a vehicle is established by Part III of the Road Traffic Offenders Act 1988 as amended. It provides a quick, simple and direct way of dealing with a wide range of road traffic offences while preserving the right of individuals to challenge an alleged offence in court. Fixed penalties make enforcement easier and less time consuming for the police and substantially reduce the number of cases brought before the court This guidance is based on the Revised Guidance on the Operation of the Fixed Penalty System for Offences in Respect of a Vehicle issued in April 2006 by the Home Office. Further changes have been introduced following provisions of the Road Safety Act 2006 which came into force on 1 st April An officer will at all times consider the circumstances of the offence when reaching a decision whether to take no further action, give a verbal warning, issue a Vehicle Defect Rectification form, complete a Fixed Penalty Notice or report for summons, bearing in mind any mitigating or exacerbating factors which may be present. At all times police action must be seen to be fair, consistent and proportionate, requiring the same standard of evidence for the issue of a Fixed Penalty Notice as required for a court hearing. 2.2 Legislation Section 54, Road Traffic Offenders Act 1988 applies in England and Wales and states where on any occasion a constable in uniform has reason to believe that a person they find is committing, or has on that occasion committed, a fixed penalty offence the constable may give that person a fixed penalty notice in respect of the offence Section 75(1) of the Road Traffic Offenders Act 1988 provides that a Conditional Offer may be sent where a constable has reason to believe that a fixed penalty offence has been committed and no Fixed Penalty Notice for it has been issued. NOT PROTECTIVELY MARKED 3

4 2.3 Fixed Penalty Notices There are three types of Fixed Penalty Notice available to officers to administer at the roadside: Non endorsable (See Appendix A) Endorsable (See Appendix B) Graduated (see Appendix C) Additionally there is provision to issue a Conditional Fixed Penalty Notice. It provides that the Conditional Offer may be sent to an alleged offender by/or on behalf of a chief officer if a Fixed Penalty Notice was not issued by an officer. Its aim is to enable a substantial civilianisation of the process designed to minimise the workload of the courts. 2.4 Completion of Fixed Penalty Notices Officers completing a Fixed Penalty Notice must use capital letters to complete each field. A black ballpoint pen should be used to ensure legibility If for any reason a Fixed Penalty Notice is spoilt, all copies should be marked and forwarded to the Central Ticket Office Officers must be mindful when issuing a Fixed Penalty Notice of the likelihood of the driver being given a Notice when he/she is liable for possible disqualification from holding or obtaining a driving licence. This will require careful scrutiny of the offender s driving record. 2.5 Prosecution Criteria There are two offences that lend themselves to the application of criteria for prosecution. These are:- Exceeding the speed limit Exceeding the permitted weight The ACPO speed enforcement policy provides guidance for officers linked to the level of speed detected. Speed Limit Verbal Warning Speed Awareness Fixed Penalty Summons 20mph mph No Course mph 36+ mph 30 mph mph mph mph 56+ mph 40 mph mph mph mph 66+ mph 50 mph mph mph mph 76+ mph V 1.1 NOT PROTECTIVELY MARKED 4

5 60 mph mph mph mph 86+ mph 70 mph mph mph mph 96+ mph Speed Awareness Fixed Penalty Summons Offer to attend a Speed Awareness Course cost (at current time) fine 2. Licence endorsed with 3 points Magisterial discretion (level 2) maximum of: fine 2. Licence endorsed 3. Disqualification 4. Compulsory re-testing The ACPO guidance in relation to overweight vehicles is currently being reviewed (January 2010) but the following information should be adhered to so as to provide a consistent approach by officers. % Overweight Outcome % Verbal warning this was brought in to cover dry goods i.e sand getting wet in inclement weather % Fixed Penalty Ticket Non endorsable 30. (Officers authorised to issue Graduated Fixed Penalty Notices are advised to issue 60 ticket) and issue prohibition notice % or more than 1000kgs Report for summons (Officers authorised to issue Graduated Fixed Penalty Notices are advised to issue 120 ticket) and issue prohibition notice % Report for summons (Officers authorised to issue Graduated Fixed Penalty Notices are advised to issue 200) And issue prohibition notice. Over 30% Report for summons and issue prohibition notice. V 1.1 NOT PROTECTIVELY MARKED 5

6 1.5.4 The above guidance does not take away an officer s discretion. In some circumstances, driving at speeds lower than the legal limit may result in prosecution for other offences, for example dangerous driving or driving without reasonable consideration for other drivers when the speed is inappropriate and inherently unsafe The officer should at all times be guided by the principles of proportionality in applying the law and securing compliance. Use of the above guidance s ensures a consistency of approach and a transparency about what enforcement action is undertaken. 3. Procedure Aim 3.1 Cheshire Constabulary is committed to the following road policing strategies: Denying criminals use of the roads by enforcing the law Reducing road casualties Tackling the threat of terrorism Reducing the anti-social use of roads Enhancing public confidence and reassurance by patrolling the roads. 3.2 This procedure provides all staff with guidance on the operation of the fixed penalty system for offences in respect of a motor vehicle. 3.3 The document considers the principles of the Human Rights Act 1998 and the Data Protection Act Appeals 4.1 The recipient of Fixed Penalty Notice has the right to request a court hearing within 28 days of the date of offence. 4.2 The exception being on requirement to produce a driving licence. The 28 day period commences from the date of production of the driving licence. 4.3 Other appeals and complaints may be made verbally or in writing by members of the public via the police complaints procedures or internally via grievance procedures. 5. Review 5.1 The procedure will be formally reviewed two years after ratification to consider: Its effectiveness in the business area concerned Any changes to legislation Challenges to the procedure V 1.1 NOT PROTECTIVELY MARKED 6

7 Any identified inefficiencies in relation to implementation Impact on diversity and equality (Medium on the Race Diversity Impact Assessment Template) Version Date Status Authorised 1.0 Mar 10 M Jones /05/10 Document for consultation M Jones V 1.1 NOT PROTECTIVELY MARKED 7