Roads Policing Fixed Penalty Tickets PDF

Police College RP13 Roads Policing RP13 Fixed Penalty Tickets Introduction The Road Traffic Offenders (NI) Order 1996 provides the legislation which enables the police to issue a fixed penalty noti...

Police College RP13 Roads Policing RP13 Fixed Penalty Tickets Introduction The Road Traffic Offenders (NI) Order 1996 provides the legislation which enables the police to issue a fixed penalty notice (FPN). The FPN procedure when it was introduced provided a means whereby minor traffic violations could be dealt with quickly and easily without the need to take the motorist to court. The system has progressed incorporating further offences and the introduction of penalty points, however, the basic principle that it allows a motorist to accept an on the spot penalty without going to court still remains. There are 2 procedures which, depending on certain criteria, a Constable may adopt. They are: 1. A non-endorsable fixed penalty (this includes a separate book for no vehicle test certificate and no goods vehicle certificate). A non-endorsable FPN is a monetary fine only. 2. An endorsable fixed penalty (this includes a separate book for no insurance and mobile phone use). An endorsable FPN is a monetary fine and points on the licence. Key Learning Point Article 3 Caution and PACE Rights to be given when issuing a FPN. The current default position for the issuing of all fixed penalty notices by police officers is via the police issue mobile device. Under exceptional circumstances a paper fixed penalty notice may be issued e.g. loss of signal to mobile device. OFFICIAL [SENSITIVE] Page 113  Police College RP13 Power to Issue Where on any occasion a constable in uniform (or a vehicle examiner who produces their authority) has reason to believe that a person they find: is committing, or has on that occasion committed a fixed penalty offence, the constable (or vehicle examiner) may issue the relevant: non-endorsable fixed penalty notice, or endorsable fixed penalty notice Article 60 Road Traffic Offenders (NI) Order 1996 Where on any occasion a constable or vehicle examiner has reason to believe in the case of any stationary vehicle that a fixed penalty offence is being or has on that occasion been committed in respect of it, he/she may fix a fixed penalty notice in respect of the offence to the vehicle unless the offence appears to him to involve obligatory endorsement. Article 67 (1) R.T. Offenders (NI) Order 1996 Responsibility for Parking Enforcement rests with the Department for Infrastructure. This means that the majority of parking and waiting offences were decriminalised and police no longer enforce parking violations with the exception of: Parking in such a position so as to obstruct access to any premises. Where a specific complaint has been received this should be noted on the ticket in order to strengthen the police case. (Non endorsable). Parking HGV on verge of a road, central reservation or footway. (Non endorsable). Wrongful use of a disabled person’s badge. (Non endorsable). Parking on the hard shoulder of motorway (endorsable offence). OFFICIAL [SENSITIVE] Page 114  Police College RP13 Traffic attendants issue penalty charge notices (PCN). If, for some reason both a police FPN and a traffic attendant’s PCN are issued to the same vehicle then the police notice will take primacy. In addition, both police and traffic attendants can issue FPNs for the following offences:  Parking within 15m of a junction (unless the prohibition or restriction is indicated by a traffic sign – in which case the offence is decriminalised). (Non endorsable).  Parking in contravention of lawfully placed Police no waiting cones. (Non endorsable).  Breach of traffic sign. (Non endorsable).  Breach of a bus lane (moving only). (Non endorsable).  Pedestrian zone moving and parking. (Non endorsable).  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). If more than 1 FPN offence has been detected, only one endorsable and up to two non- endorsable FPN’s can be issued at any one time. Your options if they exceed this are: 1. FPN’s as above plus Advice and Warning; or 2. Full prosecution file for all offences. There can be no deviation from this combination of maximum 1 endorsable + 2 non- endorsable. Example - A motorist stopped for misuse of a mobile phone might also be issued with up to 2 non- endorsable Fixed Penalties for defective light, incorrect form of VRM, insecure load, etc. and an endorsable ticket for use of the mobile phone. Endorsement and Penalty Points Penalty points are awarded according to the type and seriousness of the offence and are endorsed on the driving licence. When 12 points or more have been accumulated for a full licence holder the driver can be disqualified for a minimum of 6 months, except under certain circumstances. OFFICIAL [SENSITIVE] Page 115  Police College RP13 If a driver has just passed their first driving test, they will be on ‘probation’ for two years. If in this probation period they accumulate 6 points their licence will be revoked and forwarded to the DVLNI. For example, if a driver is stopped for speeding (which is 3 points) and they already have 3 points on their licence for a previous offence the Officer will issue the FPN as normal. Once surrendered, the licence will be forwarded to the Fixed Penalty Processing Centre (FPPC). The Licence will then be forwarded to court for the additional 3 points to be endorsed and then returned to DVA for revocation. Where an offence (e.g.- excess alcohol) requires an obligatory disqualification (not because 12 points have been accumulated) no account is taken of any points already on the licence. Example - Philips has been driving for 5 years and has recently received 6 points on his licence for careless driving when he is detected again and found guilty of driving with excess alcohol (mandatory disqualification) and disqualified from driving. He resits the test a year later, his new licence will be endorsed and still have the original 6 points. As he is not a newly qualified driver ‘R’ plates do not apply. Unauthorised Removal/Interference of a FPN It is an offence to remove or interfere with a FPN fixed to a vehicle by virtue of this article unless authorised by: The driver. Person in charge of the vehicle. Person liable for the offence. Article 67(2) R.T. Offenders (NI) Order 1996 Service of Notice to Owner If Penalty Not Paid (Article 68) If a FPN is attached to an unattended vehicle and the penalty is not paid within the following 21 days then the police will issue a notice to the owner. Details will be obtained from the DVA of the last registered owner (LRO) so it is important that these records are accurate. It is not acceptable to inform the DVA that you changed your car when the vehicle excise licence runs out. OFFICIAL [SENSITIVE] Page 116  Police College RP13 The notice to the owner allows the LRO to sign a declaration that they were not the driver or owner at the time of the offence and to give whatever details they can regarding the previous or subsequent owner. This declaration is known as a statutory statement of ownership and has to be returned within 21 days if the LRO is to avoid liability for being the owner when they were not. Endorsable Procedure By virtue of Art 180 R.T. (NI) Order 1981 the police have the power to demand a driving licence and documents from a driver whose vehicle is stopped on a road. If a constable is going to issue an endorsable FPN to that driver there is no power to retain a licence received by virtue of Article 180, the driver must surrender the licence voluntarily. A constable may only issue an endorsable fixed penalty notice if: The driver produces their licence for inspection (both paper and plastic counterpart). The number of points including the present offence do not add up to 12 or more The driver surrenders the licence (both paper and plastic counterpart) to be retained by the constable to be dealt with by way of an endorsable penalty. Art 60(3) R.T. Offenders (NI) Order 1996 or, the driver may be given a notice (see point 4 below) that If within 7 days the notice and the licence are produced at a nominated station of their choice The points do not add up to 12 or more, and They agree to surrender the licence to be retained by the constable, at the station, to be dealt with by way of an endorsable penalty Art 60(4) R.T. Offenders (NI) Order 1996 Once an endorsable FPN has been issued it cannot be cancelled by the issuing officer. If it transpires that the Endorsable FPN was issued incorrectly FPPC must be notified at the following email address zFPPC to have it cancelled. OFFICIAL [SENSITIVE] Page 117  Police College RP13 If a foreign/GB driving licence holder is issued with an endorsable fixed penalty notice he / she must, like a NI licence holder, surrender their licence within 7 days. The licence will be forwarded to the fixed penalty processing centre. The FPPC will liaise with the DVLNI who will issue a Northern Ireland counterpart driving licence (sometimes referred to as a ghost licence). It is this licence that the 3 penalty points are put on. Roadside Procedure The motorist should be asked if he/she is willing to be dealt with by way of a FPN, which will include the voluntary surrender of his/her driving licence. It will result in penalty points being endorsed on their licence as well as a fine. 1. If he/she agrees, the police officer will request the driving licence for inspection. This is to ensure: That it is valid, i.e. not out of date, contains both the paper part and plastic counterpart (NI licence only). The number of penalty points currently on the licence together with the penalty points to be attributed for the current offence does not exceed 11. 2. If the driving licence meets the criteria the Police Officer will retain the licence and complete the FPN including the section acknowledging receipt of the driving licence. The police copy notice and the fixed penalty clerk’s copy, together with the driving licence placed in the cover provided, must be forwarded to the FPPC and submitted before the end of duty. Supervisors must ensure notices are checked for accuracy. Additionally, this may be completed electronically via the Police issued mobile device. 3. If the motorist does not have their licence with them at the time the endorsable FPN incorporates a form 55/8. This will be completed and the driver is given 7 days by the issuing officer to surrender his / her driving licence to a nominated police station of their choice. The issuing officer will record these details on the FPN. This FPN is considered provisional until it is substantiated by surrender of a driving licence. OFFICIAL [SENSITIVE] Page 118  Police College RP13 Note: Endorsable tickets cannot be issued if the driver is absent. There is an offender levy of £5.00 for endorsable tickets. If the driver is 18 or over they are liable to pay the levy as part of the fine. Excuses There is no facility within the local station to record a person’s reason to have the FPN cancelled. Correspondence should be sent to FPPC Lisnasharragh within 21 days, this will be forwarded to the investigating officer for decision. Failure to pay the fine as part of the FPN will increase the fine by 50%. The person is given a further 21 days to pay the increased fine. if the person has surrendered their licence, then the fine, if still unpaid, will be registered in court. A prosecution file is not prepared. A prosecution file is only prepared if the licence is not surrendered. OFFICIAL [SENSITIVE] Page 119