Fleets Need To Take Heed Of New Powers That Should Make UK Roads Safer: Fleet Voice
April 8, 2009: Fleet Voice Column
The powers to penalise drivers who break the law have just got tougher and it is up to you, the fleet manager to get the message across.
In the first instance these powers, outlined by the UK Government are to make Britain’s roads safer and they will also apply to hauliers that live outside the UK. No longer will these drivers be able to escape the penalties that are faced by UK offenders, they will too, face punishment for breaking UK law.
How
The Police and examiners from the Vehicle Operator and Services Agency (VOSA) will be able to collect on-the-spot payments from alleged offenders who cannot provide a satisfactory UK address. Those caught committing an endorsable offence will also have penalty points put on their UK driving record, which could lead to them being banned from driving in the UK, just like they do in France for example.
The issuing of tickets has widened thanks to the new powers, as VOSA examiners will also – for the first time – be able to issue fixed penalty notices to drivers of heavy goods vehicles from both the UK and abroad, in addition to immobilising vehicles where driving hours, weight or vehicle safety rules have been broken.
Driving restrictions are already in place for HGV drivers but many do not keep to their correct hours, with VOSA getting more power, this should equate to less tired drivers on the road.
Fleet Managers should also check the Working Time Directive. Remember if you are sending a driver out who has completed his hours for the week then you could come under fire, thanks to health and safety legislation. Stay on the right side of the law and only ask your drivers to do what is legal. Driving is a tiring occupation so being fresh is critical, as is road sense to stay safe at all times. Remember if you do not keep your drivers legal then you too, could fall foul of the law under the corporate manslaughter act.
Keep UK Roads Safe
Jim Fitzpatrick, Road Safety Minister, stated, "We want to keep our roads as safe as possible and these tough new measures mean that any driver who breaks the rules of the road – putting themselves and others at risk – will have to face the consequences. The only way for drivers and hauliers to avoid tough penalties will be to obey our traffic laws and ensure their vehicles are fully roadworthy."
The majority of fleet managers will be happy to see these new powers come in to action. It should make roads safer, which means accidents should drop as should insurance premiums in time. The timings cannot be calculated at present but tougher powers will allow better policing and governing of our road network.
Chief Constable Mick Giannasi, Association of Chief Police Officers Lead for Roads Policing, said: "The schemes introduced, will help law enforcement agencies deal more effectively with non-UK residents who commit driving offences and drivers committing commercial vehicle offences. Enforcing road safety legislation fairly and consistently against all offenders no matter where they live, have come from or are going to, will ensure our roads are safer and help us reduce death and injury."
New Measures
Any driver that is stopped, after committing a traffic offence who then gives an unsatisfactory UK address, will have to pay a financial penalty deposit, equal to the amount of the fixed penalty or £300 as a deposit in respect of a potential court fine.
These new measures will also enable the Police and VOSA to immobilise any vehicle that has been prohibited from continuing a journey where a driver is breaking the rules on drivers’ hours; is driving an overloaded or unroadworthy vehicle; or in cases where a driver refuses to pay a requested financial deposit.
These new rules are active now and are placed under the Road Safety Act 2006.
The government claims the immobilisation powers are an additional sanction to help enforce prohibitions issued against vehicles – for instance because they are mechanically defective or, in the case of a commercial vehicle, the vehicle is overloaded or the driver has been driving too long. The powers will also help to enforce the requirement to pay a financial penalty deposit from those without a satisfactory UK address.
A breakdown of the new powers, the police and VOSA can issue fixed penalties for a list of non-endorsable offences including:
- Offences under drivers’ hours rules
- Failing to hold an Operator’s Licence
- Overloading a vehicle
- ‘Cabotage’ offences
- Failing to produce evidence of a driver Certificate of Professional Competence.
- Fixed penalty notices to non-UK residents for endorsable offences include:
Speeding - Serious offences, such as fraud / counterfeit documents will continue to be prosecuted.
- The levels of fixed penalties range from £30 to £200.
- Drivers’ hours and overloading offences will be subject to graduated fixed penalties.
- The level of graduations are set out in the Fixed Penalty (Amendment) Order 2009 (S.I. 2009/488, which amends the Fixed Penalty Order 2000).
- A deposit will be the same as the level of a fixed penalty (between £30 and £200) or, for those cases which will be brought before a court, £300.
The best advice for fleet managers is to make sure that no vehicle leaves your depot overloaded or has a mechanical defect and drivers’ are only working the prescribed hours, as UK authorities have just got tougher.
Simon McBride
See also:
