Companion Website

Police Law 11th Edition

11. Control of Vehicles

Chapter 11

Powers of police p 477

Add the following under the text under this heading:

The Removal and Disposal of Vehicles (Traffic Officers) (England) Regulations 2008, SI 2008/2367, regs 3-7 and Sch 1 permit uniformed traffic officers to remove, or require the removal of, vehicles from 'relevant roads', ie motorways (other than certain lengths of the M4 and M48) and trunk roads in England, and from other roads if necessary to prevent danger or obstruction on a relevant road. Regulations 3, 5 and 7 and Schedule 1 enable a uniformed traffic officer to require the owner, driver or other person in control or in charge of a vehicle that has broken down or been permitted to remain at rest and is causing an obstruction, is likely to cause danger to others or is in contravention of certain statutory restrictions or prohibitions to move the vehicle or have it moved. Regulations 4, 6 and 7 enable a uniformed traffic officer to remove or arrange for the removal of such a vehicle as well as a vehicle that appears to have been abandoned.

Regulation 8 enables a uniformed traffic officer to remove, or arrange for the removal of, any vehicle that appears to have been abandoned without lawful authority on any land in the open air which is adjacent to a relevant road.

Service of summons, requisition or notice of intended prosecution p 482

Delete the third and fourth sentences in the first paragraph (‘A notice sent . . .’) and replace with the following:

‘Although a notice of intended prosecution may be served by sending it by registered post, recorded delivery service or first class post addressed to the person concerned at his last known address, there is a difference between the first two methods and the third. A notice sent by registered post or recorded delivery service is irrebuttably deemed to have been served on a person if addressed to him at his last known address, and this includes being irrebuttably deemed to have been served within the period of fourteen days. On the other hand, there is no such irrebuttable presumption in respect of a notice sent by first class post, with the result that if it is proved that a letter so sent was delivered after the end of the fourteen-day period it will not have been effectively served.’ [Gidden v Chief Constable of Humberside [2009] EWHC 2924 (Admin)]

As to service of a summons or requisition see p 23 of the text.

Special enforcement areas p 488

Add to material under this heading:

Special exemption is made by s 86(3) in respect of parking outside residential property by or with the consent of the occupier, but this does not apply if permission is given for reward. Local authorities are not obliged to provide traffic signs indicating that such prohibitions exist. [SI 2009/1116]

Congestion charging p 489

In relation to congestion charging in London, the Transport for London Act 2008, s 5 provides that a Transport for London (TfL) scheme may provide that any person who, without reasonable excuse, contravenes or fails to comply with any specified requirement of that scheme commits an offence. Offences so created must not consist only of a failure to pay a penalty charge imposed by TfL, or any other contravention or failure to comply with a requirement of such a scheme by which a penalty charge imposed by regulations made under the Greater London Authority Act 1999, Sch 23, para 12 is payable. Section 6 provides powers of examination, entry, immobilisation and removal to stationary vehicles so found in off-street parking places. However, TfL may not enter public off-street parking places for the purpose of enforcement without the prior consent of the operator . An operator's consent should not unreasonably be withheld, but may be given subject to reasonable conditions; it is specifically stated that it is reasonable for consent to be given subject to conditions requiring TfL to reimburse the operator for any loss of revenue, damage or other liability sustained as a result of immobilisation or removal of a vehicle, or other action by TfL.

FIXED PENALTY OFFENCES p 491

The Fixed Penalty Offences Order 2009, SI 2009/483 added a large number of offences to the Road Traffic Offenders Act 1988, Sch 3 which now includes those which are graduated fixed penalty offences.

The provisions of the Road Safety Act 2006, s 3 (graduated fixed penalties) (see p 498 of text and below), s 4 (graduated fixed penalty points) (below) and Sch 11, s 5 (giving of fixed penalty notices by vehicle examiners) (pp 495 and 517 of text and below), s 6 (fixed penalty offences in relation to goods vehicle operators' licences) (p 517 of text and below), s 7 (fixed penalty offences as they affect public passenger vehicle licensing) (p 517 of text and below), s 8 (driving record) (see p 388 of text and below), s 9 (unlicensed and foreign drivers) (see p 388 of text and below) and s 11 (financial penalty deposits) (see p 499 of text and below) are now in force. Regulations have now been made and are in force in relation to most of these matters but not in respect of graduated fixed penalty points. RSA 2006, s 4, which is in force, amends the RTOA 1988, s 28 (penalty points) by substituting subsection (3) and adding subsections (3A) and (3B) to permit the making of orders prescribing the appropriate number of penalty points to be awarded for graduated fixed penalty offences and such an order is anticipated.

Prospective amendment of s 54 p 495

RSA 206, s 5 and Sch 1 are now in force [SI 2008/3 164]

Endorsement of licences without hearing p 495

The prospective provisions of RSA 2006 referred to at the end of the second paragraph on p 496 are now in force. [S1 2008/3164]

Payment of penalties p 497

The RSA 2006, s 3 (see the second paragraph under this heading) is now in force: see above.

The Fixed Penalty (Amendment) (No 3) Order 2009, S1 2009/1478, increased the fixed penalties for offences against the RTA 1988, s 14 and 15(2) and 15(4) (seat belt offences) and those against s 59 of VERA 1994 (failure to fix registration plate in accordance with regulations) to £ 60.

P 498: after para 3, add the following (ie the paragraphs under the next two headings).

Graduated fixed penalties

RSA 2006, s 3, which amends RTOA 1988, s 53 so as to permit the imposition of graduated fixed penalties has been implemented by the Fixed Penalty (Amendment) Order 2009, SI 2009/488, which amends the Fixed Penalty Order 2000, SI 2000/2792 for this purpose by adding art 2A and Sch 2 to it. Art 2A of the 2000 order provides that in respect of certain offences the applicable amount of the fixed penalty is to be determined according to the nature of the contravention or failure constituting the offence, and, in specified cases, its seriousness. Sch 2 to the 2000 Order specifies the fixed penalty to be paid for offences by reference to the matters set out above. Graduated fixed penalties apply to offences under the:

1. TA 1968, s 96 (drivers hours) and vary from £ 60 to £ 200 depending upon the number of hours in excess of those permitted or the extent of the failure to take rest;
2. TA 1968, s 97 (recording equipment) and vary from £ 60 to £ 200 depending upon the nature of the contravention or failure;
3. RTA 1988, s 41A (tyres) and the penalty is £ 120 for failure to have a tread pattern of at least 1mm;
4. RTA 1988, s 41B (weight limit offences) and vary from £ 60 to £ 200 depending upon the percentage of the excess weight; and
5. RTA 1988, s 42 (speed limiters and danger in respect of passengers or load) and vary from £ 60 to £ 120.

(The existing Schedule to the Order of 2000 is renumbered Sch 1and is modified by the addition of amounts for new graduated fixed penalty offences which have been added to the original Schedule by the Fixed Penalty Order 2009.)

Fixed penalty notices given by vehicle examiners

RSA 2006, s 5 and Sch 1 amend the RTOA 1988, Pt 3 to allow vehicle examiners of the Vehicle Operator Services Agency to issue fixed penalty notices in respect of offences which they are empowered to enforce. The system will be operated independently of the police by the Secretary of State who is responsible for administering the system, collecting the penalties and the endorsement of the licences. The Fixed Penalty (Vehicle Examiner) Regulations 2009, SI 2009/495, prescribe certain information or further information to be included in a fixed penalty notice issued by a vehicle examiner, the receipt for a driving licence (if held), and the registration certificate in the case of non-payment of the fixed penalty, and provide for the return of driving licences (if so held) to the licence-holder if the period in which no enforcement proceedings can be brought ('the suspended enforcement period') has expired, the fixed penalty has not been paid, and the recipient of the notice has either requested a hearing or the fixed penalty has not been registered for enforcement.

Sections 6 and 7 amend the Goods Vehicles (Licensing of Operators) Act 1995 and the Public Passenger Vehicles Act 1981 to provide for Traffic Commissioners to be informed where a fixed penalty notice has been issued in respect of a notifiable offence (notifiable in relation to an application for an operator's licence in both cases).

Since the coming into force of the RSA 2006, ss 8 and 9 which inserted a s 97A into the RTOA 1988 providing for a 'driving record' maintained by the Secretary of State to act in the same way as a counterpart to a driving licence, it is now possible to issue an unlicensed or foreign driver with a fixed penalty notice for an endorsable fixed penalty offence.

Miscellaneous points p 499

As a result of an amendment made by RSA 2006, Sch 3 being brought into force by SI 2008/3164, RTOA 1988, s 30 now requires that, if a person is convicted of an offence involving obligatory enforcement and the court is satisfied that he is liable to have penalty points endorsed on the counterpart of his licence or his driving record within the fixed penalty procedure for an offence committed on the same occasion as the offence of which he is convicted, the court must reduce the number of penalty points endorsed on the licence by the number which will be attached in consequence of the fixed penalty notice.

Financial penalty deposits p 499

The RSA 2006, s 11 is now in force. [SI 2008/3164]

The RSA 2006, s 11(3) permits regulations to be made to permit vehicles which have been prohibited from being driven to be immobilised. The Road Safety (Immobilisation, Removal and Disposal) Regulations 2009, SI 2009/493 are now in force. These Regulations are considered in Ch 13 under the heading 'Vehicle examiners' powers to issue fixed penalty notices', p 549.

RTA 1988, s 90D(6) creates an offence of 'driving or permitting the driving of a vehicle in contravention of a prohibition for failure to pay a financial penalty deposit'.

The Road Safety (Financial Penalty Deposits) Order 2009 specifies the offences in respect of which financial penalty deposits may be required. The Road Safety (Financial Penalty Deposits) (Appropriate Amount) Order 2009 provides that the term 'appropriate amount' is that required to be made to the Secretary of State as specified in the Schedules to the Order. [SIs 2009/491 & 492]