Clause 4 - Giving of fixed penalty notices by vehicle examiners
Road Safety Bill
4:45 pm
Mr David Jamieson (Parliamentary Under-Secretary, Department for Transport; Plymouth, Devonport, Labour)
The clause introduces schedule 1, which will allow the vehicle examiners from the Vehicle and Operator Services Agency—VOSA—an agency of the Department for Transport, to issue fixed penalty notices in respect of those offences for which they have enforcement powers. The schedule will also empower VOSA to deal with other matters connected to the operation of the fixed-penalty system on behalf of the Secretary of State. The right of the recipient of a fixed penalty notice to request a court hearing would not be affected.
In addition, the amendments empower the Secretary of State to set up and administer a new system, similar to the one administered by the fixed-penalty clerks under part 3, to collect payment for fixed penalties and endorse driving licences, where the penalty includes endorsement. These new powers will be exercised through VOSA.
Sections 57 and 76 of the 1988 Act are amended to empower the Secretary of State to inspect and endorse the licences, without the involvement of the court—unless the points threshold for disqualification has been reached—of those drivers who have been issued with a fixed penalty notice for an endorsable offence. The driver to whom the fixed penalty is issued will be required to surrender their licence to the administration office of VOSA for endorsement action within a specified time.
Section 75 of the 1988 Act is amended to allow the VOSA examiners to issue conditional offers for those offences that are detected remotely, in line with existing police practice. It is also amended to allow for the different fixed penalty system in Scotland, whereby fixed penalty notices are substituted by conditional offers.