LEGAL EXPERT WARNS AGAINST ON-THE-SPOT FINE FOR MOTORIST

11/05/2011

One of the country’s leading motoring law experts has questioned Government plans to give police officers the power to issue on-the-spot fines to

careless motorists.

Anton Balkitis, transport and motoring solicitor at Nottingham law firm Rothera Dowson, has raised concerns about the scheme, which could see careless

drivers stopped and instantly receive a minimum of three points on their licence and an £80-£100 fine 

Ministers have said that the new strategy will make the country’s roads safer and will mean that many motorists who tailgate, undertake or cut up other

drivers will no longer be dealt with at court.

However, Anton believes that the process is not as cut and dry as it seems:

“The Government is attempting to create a situation where police officers are forced to play judge and jury as to whether the actions of an individual

motorist are careless or not.

“The problem with this situation is that the issue of carelessness is often a subjective one. What one officer may consider careless, another may not,

which is why it is normally best for such matters to be dealt with by a Magistrates’ Court.

“I also believe that this announcement raises questions about the number of frontline police officers. Much has been made about the cuts that have

occurred in recent years, so is it really going to have a huge impact on road safety if there is not a sufficient number of officers to enforce this

effectively in the first place?”

Whilst the Department for Transport has said that the new system will only target ‘reckless’ drivers, Anton is not inclined to agree:

“I think that argument is flawed. It is often difficult to ascertain whether something is inadvertent or not, especially when officers will be making

on-the-spot decisions. The fact is that the number of fixed penalty fines will go up and many motorists who make innocent mistakes could find themselves

penalised.”

Critics of the scheme have also suggested that having the ability to issue on-the-spot fines could result in police officers showing reluctance to enter

into lengthy prosecutions for more serious cases - a point that Anton agrees with:

“There is a very real threat that we could be faced with this kind of situation, where fines are seen as the easy option.

“However, that is not to say the role of the courts in such matters will be completely redundant. Individuals should be given the opportunity to

challenge any fine or points that they receive and any challenge would have to be dealt with via the normal legal channels.

“I would certainly urge anyone receiving a penalty notice to seek appropriate legal advice at the earliest opportunity.”

For more information, please contact Anton Balkitis and Lucy Wood, or visit www.keepmeontheroad.co.uk. Further details on Rothera Dowson please contact us on 0845 124 4012