Driving Offences That Incur Instant Fines

There are a number of driving offences that incur instant fines and these will usually be given in the form a Fixed Penalty Notice. But the UK police may soon have additional powers to fine motorists who drive carelessly in a bid to make British roads safer.

Instant Fines and Fixed Penalty Notices

Fixed penalty notices (FPN) are applied for certain driving offences and can included penalty points and fines. There are three different fixed penalty notices; endorsable, non-endorsable and conditional. A non-endorsable (FPN) will be applied for minor offences and should not result in penalty points but a fine (£30) will be applied. An endorsable FPN will mean penalty points are applied to a licence and the fine will be £60. A conditional FPN usually involves the use of speed cameras and a Notice of Prosecution (NIP) through the post and comes with a £60 fine and three penalty points.

Some Fixed Penalty Notices May Mean Court Action

A conditional FPN can mean a quick fine and penalty points applied to a driver caught speeding but for more serious speeding offences a court summons may be warranted. If a speed camera has detected that a vehicle is travelling at excessive speed above the limit then no conditional FPN will be supplied. A threshold speed limit does apply and if this is broken then the offence will automatically turn into court prosecution. The driver will receive a summons to appear in court. Legal representation is advised if a summons to appear in court is applied.

Paying an Instant Fine for Driving Offences

Fixed penalty notices do come with instant fines. For minor driving offences the fine will be £30 whereas most speeding offences will be £60. Although these are classed as instant fines the police cannot make drivers pay up when they are stopped. If drivers agree to the fixed penalty notice they have 28 days to pay. If the fine isn’t paid within this time limit then the fine will increase by 50%. Drivers who have been caught speeding on camera and do not pay the fine within 28 days will be reported for prosecution.

Driving Offence Types and Instant Fines

Non-endorsable fixed penalty notices will include driving offences such as driving a car with a damaged headlight or driving without a seatbelt. These are seen as minor driving offences and include parking offences. Endorsable and conditional fixed penalty notices will usually be for more serious driving offence such as speeding. Endorsable offences could also include driving through red traffic lights. Many of the endorsable and conditional driving offences are speeders caught via speed cameras.

New Police Powers for Instant Fines

The government is hoping to push new legislation through Parliament that will give the UK police additional powers to fine motorists for driving offences. Presently, motorists who commit careless driving offences are prosecuted through the courts but this may change. The government wants to free up court time by giving police the power to fine reckless and careless drivers on the spot. The intended fine for careless driving offences will be £80 plus three penalty points applied to the offender’s licence. Offenders do still have the choice of whether to take the matter to court if they do not accept the fixed penalty notice and wish to challenge the offence.

Disputing a Fixed Penalty Notice

Drivers are well within their rights to decide not to accept either the instant fine or the penalty points that may be applied to a licence. A driver can refuse the FPN within 28 days and request a court hearing. Legal advice should be sought on this matter as once the offer of a FPN is refused and court action is taken there may be a more severe punishment for drivers found guilty. It is important that the driver makes it known that they are intending to reject the FPN. Simply doing nothing within this time is actually accepting the FPN and can lead to a suspension of a licence, court hearing and a fine.

Many drivers do think they can accept the fine and penalty points put also plead mitigation. Mitigation will not apply to a fixed penalty notice as it is a conditional offer with no flexibility. Basically the driver has two choices; accept the FPN or argue the case in court. According to many law experts the FPN is the better deal than taking a chance on appearing in court. If the case is unsuccessful the offender will have to pay legal fees, and the punishment will usually be much higher than the FPN. It will be up to the driver to decide whether or not to take that chance.