Fixed Penalty Notices in Northern Ireland

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Questions and Answers

What is the primary purpose of the Fixed Penalty Notice (FPN)?

To increase the fines imposed on drivers

To provide legal representation for drivers

To allow motorists to accept an on-the-spot penalty (correct)

To ensure all traffic violations are prosecuted in court

What is the main distinction between a non-endorsable fixed penalty and an endorsable fixed penalty?

Endorsable penalties add points to the driver’s license, whereas non-endorsable do not. (correct)

Endorsable penalties are only issued for major traffic violations.

Non-endorsable penalties apply only to serious offenses.

Non-endorsable penalties involve court appearances, while endorsable do not.

Under what circumstances can a paper fixed penalty notice be issued?

When there is a loss of signal to the mobile device (correct)

If the officer does not have a mobile device on hand

If the violation is severe enough to warrant a court case

When the driver requests one in writing

Which legislation enables police to issue Fixed Penalty Tickets?

The Road Traffic Offenders (NI) Order 1996 Signup and view all the answers

What key learning point must be given when issuing a Fixed Penalty Notice?

Caution and PACE rights Signup and view all the answers

What must a driver do when their vehicle is stopped and an endorsable Fixed Penalty Notice (FPN) is issued?

Surrender their licence voluntarily if requested. Signup and view all the answers

What happens if a fixed penalty notice (FPN) is not paid within 21 days?

A notice is served to the last registered owner of the vehicle. Signup and view all the answers

Who is authorized to remove or interfere with a FPN fixed to a vehicle?

The vehicle's owner or person in charge. Signup and view all the answers

What is required of the last registered owner (LRO) if they were not the driver at the time of the offence?

Complete a statutory statement of ownership. Signup and view all the answers

How long does the last registered owner have to respond to a notice regarding an unpaid FPN?

21 days. Signup and view all the answers

What happens to Philips' points after he receives a new licence a year after disqualification?

He retains the original 6 points. Signup and view all the answers

What occurs if the records of the last registered owner (LRO) are inaccurate?

The LRO may be held liable for fines. Signup and view all the answers

What requirement is there for a driver to produce when stopped by the police?

Both paper and plastic counterpart of the licence. Signup and view all the answers

What types of fixed penalty notices can a constable or vehicle examiner issue if they believe an offence has been committed?

Both non-endorsable and endorsable fixed penalty notices Signup and view all the answers

Which of the following offences is NOT enforceable by the police according to the content provided?

Parking on the hard shoulder of a motorway Signup and view all the answers

What should be noted on a fixed penalty notice if a specific complaint regarding obstruction is received?

Details of the complaint Signup and view all the answers

When a police FPN and a traffic attendant’s PCN are issued to the same vehicle, which has priority?

The police FPN Signup and view all the answers

What responsibility does the Department for Infrastructure hold regarding parking enforcement?

They are responsible for the majority of parking enforcement Signup and view all the answers

Which of the following is an example of a non-endorsable offence?

Obstructing access to premises with a vehicle Signup and view all the answers

What is the maximum number of endorsable Fixed Penalty Notices (FPNs) a driver can receive at one time?

One endorsable and two non-endorsable FPNs Signup and view all the answers

Which situation would permit a constable to issue a fixed penalty notice?

If the constable finds a person committing an offence Signup and view all the answers

What is the consequence of a constable or vehicle examiner believing a vehicle offence has occurred but it does not involve obligatory endorsement?

A non-endorsable fixed penalty notice can be issued Signup and view all the answers

Which of the following offences is considered endorsable?

Stopping on the approach to a pelican crossing Signup and view all the answers

What happens to a driver who accumulates 12 points on their full driving licence?

They can be disqualified for a minimum of 6 months Signup and view all the answers

During the probation period for new drivers, how many points can they accumulate before their licence is revoked?

6 points Signup and view all the answers

If a driver is stopped for speeding and already has 3 points, how many additional points will they receive for a speeding offence?

3 points Signup and view all the answers

Which of the following is NOT a condition for rejecting points already on a licence?

Type of driving offence Signup and view all the answers

Which of the following may lead to the issuance of a full prosecution file?

Exceeding the maximum combination of FPNs allowed Signup and view all the answers

What is the consequence of being stopped for an offence that requires mandatory disqualification?

The licence is immediately revoked without points consideration Signup and view all the answers

What happens to the driving licence if it meets the required criteria during an endorsable FPN?

The Police Officer retains the licence and completes the FPN. Signup and view all the answers

What is required from the motorist if they do not have their driving licence at the time of receiving an endorsable FPN?

They have 7 days to surrender their licence to a nominated police station. Signup and view all the answers

What happens if the motorist fails to pay the fine associated with their FPN?

The fine increases by 50%. Signup and view all the answers

What should a person do if they want to contest their FPN?

Send correspondence to FPPC Lisnasharragh within 21 days. Signup and view all the answers

What is the offence levy amount for endorsable tickets?

£5.00 Signup and view all the answers

When is a prosecution file prepared in relation to an endorsable FPN?

If the licence is not surrendered. Signup and view all the answers

What must happen before the FPN is considered definitive?

The driving licence must be surrendered. Signup and view all the answers

What role do supervisors have in the process of FPN issuance?

They ensure notices are checked for accuracy. Signup and view all the answers

Study Notes

Fixed Penalty Notices (FPNs)

The Road Traffic Offenders (NI) Order 1996 outlines the legal framework for police officers to issue FPNs for traffic violations in Northern Ireland.
Introduced as a streamlined way to handle minor offences, instead of court proceedings.
Two types of FPNs are issued:
- Non-endorsable: financial penalty only.
- Endorsable: financial penalty and points on the driving licence.
Article 3 of the legislation requires officers to provide cautions and PACE rights when issuing FPNs.
FPNs are usually issued electronically via police mobile devices.
Paper FPNs might be used in situations like no mobile device signal availability.

Powers to Issue FPNs

Constables in uniform or vehicle examiners with proper identification are authorized to issue FPNs.
They can issue FPNs if they believe a person is or has committed a fixed penalty offence.
Article 67 of the Road Traffic Offenders (NI) Order 1996 allows officers to issue FPNs to stationary vehicles suspected of committing a fixed penalty offence, except where the offence requires endorsement.

Parking Enforcement

Parking enforcement is under the jurisdiction of the Department for Infrastructure.
Police usually do not enforce parking violations, except for:
- Obstructing access to premises with a documented complaint
- Parking HGVs on road verges, central reservations, or footpaths.
- Misuse of disabled parking badges
- Parking on the hard shoulder of a motorway (endorsable offence).
Traffic attendants issue penalty charge notices (PCNs).
Police FPNs take precedence over PCNs if both are issued to the same vehicle.

Additional FPN Offences

Both police and traffic attendants can issue FPNs for:
- Parking within 15m of a junction (unless indicated by a traffic sign)
- Parking in contravention of police ‘no waiting’ cones.
- Breach of traffic signs.
- Breach of a bus lane (moving only).
- Pedestrian zone moving and parking.
- Parking within the limits of a pelican crossing/zebra crossing (endorsable offences).
- Stopping on the approach to a pelican crossing (endorsable offence).
- Stopping within the limits of a zebra controlled area (endorsable offence).
Maximum number of FPNs per incident: one endorsable and two non-endorsable.
Alternatives for exceeding the maximum FPNs:
- Issue FPNs plus Advice and Warning
- Prepare a full prosecution file for all offences

Endorsement and Penalty Points

Penalty points, based on the offence severity, are added to driving licenses.
12 or more points for a full license holder can lead to a minimum 6-month disqualification, with some exceptions.
Newly qualified drivers on probation for two years face license revocation if they accumulate 6 points.
Example: A driver already holding 3 points who commits speeding (3 points) will receive the FPN, and their license will be forwarded to the Fixed Penalty Processing Centre (FPPC) for endorsement and subsequent revocation by the Driver and Vehicle Agency (DVA).
Mandatory disqualification due to an offence, like driving with excess alcohol, ignores existing points on the license.
Example: A driver with 6 points on his license who is disqualified for driving with excess alcohol will retain the original 6 points upon regaining his license.
‘R’ plates do not apply to drivers who are not newly qualified.

Unauthorized Removal/Interference of FPNs

Removing or interfering with an FPN attached to a vehicle without authorization is a separate offence.
Authorization is granted to:
- The driver
- Person in charge of the vehicle
- Person liable for the offence

Service of Notice to Owner for Unpaid FPNs

If an FPN attached to an unattended vehicle is not paid within 21 days, the police will issue a notice to the owner.
Owner details are obtained from the DVA.
Owners can submit a statutory statement of ownership within 21 days to avoid liability if they were not the owner or driver at the time of the offense.

Endorsable Procedure

Police officers have the power to demand a driving license and documents from a driver during a stop.
To issue an endorsable FPN, officers must have:
- The driver's voluntary surrender of their driving license
- Proof of license validity (both paper and plastic counterpart)
Officers retain the license and complete the FPN, including receipt of the license. The police copy, clerk's copy, and license are forwarded to the FPPC.
Electronic issuance via the Police mobile device is also an option.
If the driver doesn't have their license, an FPN with Form 55/8 incorporates a 7-day deadline for the driver to surrender their license to a specific police station. The issuing officer records the chosen station on the FPN. This FPN is provisional until the license is surrendered.
Endorsable tickets are not issued if the driver is absent.
An offender levy of £5.00 is added to endorsable tickets payable by drivers aged 18 or older.

Excuses and FPNs

No local station facility exists to cancel FPNs based on excuses.
Excuses must be submitted in writing to the FPPC within 21 days for review by the investigating officer.
Unpaid fines are increased by 50%, with another 21-day payment window allotted.
Non-surrendered licenses result in court registration of the unpaid fine.
Prosecution files are only prepared for non-surrendered licenses.

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Description

Explore the legal framework surrounding Fixed Penalty Notices (FPNs) as per the Road Traffic Offenders (NI) Order 1996. This quiz covers types of FPNs, the powers of police officers to issue them, and procedural requirements. Understand how FPNs streamline handling minor traffic offenses.