Road traffic fixed penalty extension goes out to views

Powers to issue fixed penalties in Scotland for certain minor road traffic offences will be brought into line with those in England & Wales, under a proposal put out to consultation this week.

On both sides of the border, fixed penalty notices – which take effect unless a hearing is requested – can be attached to an offending vehicle; and conditional offers of fixed penalties – failure to accept which means the case being reported to the prosecuting authorities – can be issued to suspected offenders. However in England & Wales it is also possible, under s 54 of the Road Traffic Offenders Act 1988, to issue a fixed penalty notice on the spot to a suspected offender.

The additional power gives police and traffic wardens greater flexibility in dealing with low-level offences. It is also said to result in swifter justice as, when a fixed penalty notice is not challenged, it automatically becomes a registered fine, and any associated penalty points are also recorded without further official intervention.

The Scottish Government takes the view that the present procedure in Scotland is an inefficient use of resources, and that not having the option to issue fixed penalty notices to suspected offenders unnecessarily increases the burden on the Scottish criminal justice system. Change to the law requires an amendment to s 54, a reserved subject, and ministers have asked the Department for Transport to promote this. The DfT is therefore inviting comments on whether people agree with the proposal.

Offences covered by the proposal include failure to wear seat bealt, failure to comply with traffic signs, leaving a vehicle in a dangerous position, and having defective brakes, steering or tyres.

Click here to access the consultation. The deadline for responses is 8 May 2018.