GFPN - Other Offences & Penalties
Certain penalties may be graduated to reflect the nature and severity of the offence as well as the time or location of the contravention. The level of fine, as well as the number of penalty points, may vary.
Graduated Fixed Penalty Offences where an offence(s) is committed in contravention of the Road Traffic Act 1988 include:
- Excess weight for both goods and passenger vehicles
- Danger or nuisance offences involving maintenance, the security of load etc.
- Speed limiter offences
These are also detailed in Contravention of the Road Vehicles (Construction and Use) Regulations 1986 and in the case of exceeding maximum authorised weights the Road Vehicles (Authorised Weight) Regulations 1998. The sections below give an overview of what to expect regarding the nature of the offence(s) committed and the penalty issued.
Vehicle overloading is covered under Section 41B Road Traffic Act 1988 and covers:
However, please note that where the weight is exceeded by 30% or more, or the excess weight exceeds 5 tonnes, then a court summons will be issued.
Danger or Nuisance
This area is covered under Section 42 Road Traffic Act 1988. Section 42, makes it an offence to fail to comply with any construction and use requirements where Regulation 100(1) of the Road Vehicles (Construction and Use) Regulations 1986 is concerned, which requires motor vehicles and trailers to be in such condition that no danger or likelihood of danger is caused.
Within Regulation 100, there are three distinct elements and for which proof is required, namely;
- likely to be a danger,
- likely to be a nuisance
- the unsuitability of the vehicle
The three sub-sections to this offence are:
- 100(1) - Requires that all parts and accessories of vehicles/trailers shall at all times be in roadworthy condition, the number and manner of passengers carried, the weight, distribution, the packaging and the adjustment of the load shall at all times be such, that no danger is caused or is likely to be caused to any person in or on the vehicle or trailer or on a road.
- 100(2) - Requires that the load carried shall at all times be so secured, if necessary by physical restraint other than by its own weight, and in such a position that no danger or nuisance is likely to be caused (either to property or persons). Only the likelihood to cause danger or nuisance needs to be proved.
- 100(3) - Vehicle is unsuitable for the purpose that it is being used. Only the likelihood to cause danger or nuisance needs to be proved.
Road Speed Limiters
Road Speed Limiters (RSL’s) are covered under Section 42 Road Traffic Act 1988. Road Speed Limiter offences are non-endorsable.
Tyres - Minimum Tread Depth
Tyres are covered under Section 41A Road Traffic Act 1988. Tyre offences are endorsable.
Graduated fixed penalties:
- Reflect the severity and circumstances of the offence and
- Help deter the more extreme offences
The main graduated offences cover:
- Commercial vehicle drivers’ hours
The penalties are graduated to reflect the:
- Length of time that a driver has spent driving or working over the legal limit
- Degree of shortfall below the necessary rest period
- Degree of overloading
The level of graduation is set out in legislation and is not at the discretion of the DVSA examiners. Each graduated offence band carries a different financial penalty.
Offences that can be dealt with by fixed penalty but are not graduated carry a single fixed penalty amount.