TOP NOTTINGHAM TRANSPORT LAWYER SPEAKS OUT AGAINST LATEST MOTORING 'TAX'

27/01/2010

Anton Balkitis, head of transport law at Nottingham legal firm Rothera Dowson, has voiced his concern over Government plans to extract yet more money from motorists. Justice Minister Claire Ward recently announced that a victim surcharge will be extending to out of court offences, now applicable to recipients of fixed penalty notices and on the spot fines.

Mr Balkitis said: “Motorists pay to use the road through VAT on vehicles, for highway maintenance via the road fund license and are fined, or worse, when they break the speed limit. To ask them to then compensate the victims of more serious crimes, when the legal system does not deem the offence serious enough to trouble a court, does not make sense to me at all. There seems to be no connection between offence and punishment and in my opinion it’s just another money raising exercise.”

It is estimated that the public purse will be boosted significantly by this measure, increasing government funds by approximately £50 million in accordance with 2008 figures, which saw over 3 million drivers receiving a £60 fixed penalty for exceeding the speed limit.

The Justice Minister states that: “It is Government Policy that, where possible, offenders should contribute to victims services as part of their reparation.” This lead to provision being included in the Domestic Violence, Crime and Victims Act 2004 providing for a surcharge to be payable on fixed Penalty Notices for road traffic offences that are deemed persistent and serious.

This latest raft of legislation to hit motorist follows regulations announced by the Ministry of Justice, that means motorists will be forced to pay legal costs even when found not guilty- inevitably deterring innocent drivers from seeking justice.

For Mr Balkitis, this is yet another government measure to extract cash from road users: “The majority of motoring offences are victimless in terms of immediate effect, and therefore it is inappropriate to extend the surcharge to offences that are not serious enough to merit court proceedings. Especially as the range of road traffic offences likely to fall into this category is potentially extensive,” commented Mr Balkitis.

For legal advice regarding the fixed penalty notice, motorists can contact either Anton Balkitis or Lucy Wood on 0800 124 4012.