Magistrates

5. Motoring offences appropriate for imposition of fine or discharge

Effective from 04 August 2008

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Part 5: Offences re vehicles adapted to carry more than 8 passengers/goods vehicles over 3.5 tonnes (Gross Vehicle Weight)

* The guidelines for these offences differentiate between three types of offender: driver; owner-driver; and owner-company. For owner-driver, the starting point is the same as for driver; however, the court should consider an uplift of at least 25 per cent.

** In all cases, take safety, damage to roads and commercial gain into account. Refer to guidance where offence committed for 'commercial' purposes.

A fine must not exceed the statutory limit. Where this is expressed in terms of a 'level', the maxima are:

Level 1	£200
Level 2	£500
Level 3	£1,000
Level 4	£2,500
Level 5	Unlimited

Offence	Maximum	Points	Starting point	Special considerations
No goods vehicle plating certificate (Road Traffic Act 1988, s.53(1))	L3	-	A (driver) A* (owner-driver) B (owner-company)
No goods vehicle test certificate (Road Traffic Act 1988, s.53(2))	L4	-	B (driver) B* (owner-driver) C (owner-company)
Brakes defective (Road Traffic Act 1988, s.41A)	L5	3	B (driver) B* (owner-driver) C (owner-company)
Steering defective (Road Traffic Act 1988, s.41A)	L5	3	B (driver) B* (owner-driver) C (owner-company)
Tyres defective (Road Traffic Act 1988, s.41A)	L5	3	B (driver) B* (owner-driver) C (owner-company)	Penalty per tyre
Exhaust emission (Road Traffic Act 1988, s.42)	L4	-	B (driver) B* (owner-driver) C (owner-company)
Condition of vehicle/ accessories/equipment involving danger of injury (Road Traffic Act 1988, s.40A)	L5	3	B (driver) B* (owner-driver) C (owner-company)	Must disqualify for at least six months if offender has one or more previous convictions for same offence within three years
Number of passengers or way carried involving danger of injury (Road Traffic Act 1988, s.40A)	L5	3	B (driver) B* (owner-driver) C (owner-company)	Must disqualify for at least six months if offender has one or more previous convictions for same offence within three years
Weight, position or distribution of load or manner in which load secured involving danger of injury (Road Traffic Act 1988, s.40A)	L5	3	B (driver) B* (owner-driver) C (owner-company)	Must disqualify for at least six months if offender has one or more previous convictions for same offence within three years
Position or manner in which load secured (not involving danger) (Road Traffic Act 1988, s.42)	L4	–	B (driver) B* (owner-driver) C (owner-company)
Overloading/exceeding axle weight (Road Traffic Act 1988, s.41B)	L5	–	B (driver) B* (owner-driver) C (owner-company)	Starting points apply to cases where the overload is up to and including 10 per cent. Each additional one per cent of overload increases penalty by 10 per cent. Penalty per overloaded axle.
No operator's licence (Public Passenger Vehicles Act 1981, s.12(5)) (Goods Vehicles (Licensing of Operators) Act 1995, s.2(5))	L4 (PSV) L5 (Goods)	–	B (driver) B* (owner-driver) C (owner-company)
Speed limiter not used or incorrectly calibrated (Road Traffic Act 1988, s.42)	L4	-	B (driver) B* (owner-driver) C (owner-company)
Tachograph not used/not working (Transport Act 1968, s.97)	L5	-	B (driver) B* (owner-driver) C (owner-company)
Exceed permitted driving time/periods of duty (Transport Act 1968, s.96)	L4	-	B (driver) B* (owner-driver) C (owner-company)
Fail to keep/return written record sheets (Transport Act 1968, s.98)	L4	-	B (driver) B* (owner-driver) C (owner-company)
Falsify or alter records with intent to deceive (Transport Act 1968, s.99ZE)	L5/2 years	–	B (driver) B* (owner-driver) C (owner-company)	Either way offence
Using or keeping heavy goods vehicle if levy not paid (HGV Road User Levy Act 2013, s 11)	L5	–	B (driver) B* (owner-driver) C (owner-company)

	Starting point	Range
Fine Band A	50% of relevant weekly income	25 – 75% of relevant weekly income
Fine Band B	100% of relevant weekly income	75 – 125% of relevant weekly income
Fine Band C	150% of relevant weekly income	125 – 175% of relevant weekly income
Fine Band D	250% of relevant weekly income	200 – 300% of relevant weekly income
Fine Band E	400% of relevant weekly income	300 – 500% of relevant weekly income
Fine Band F	600% of relevant weekly income	500 – 700% of relevant weekly income

The court should determine the appropriate level of fine in accordance with this guideline and section 125 of the Sentencing Code, which requires that the fine must reflect the seriousness of the offence and that the court must take into account the financial circumstances of the offender.
Where possible, if a financial penalty is imposed, it should remove any economic benefit the offender has derived through the commission of the offence including:
- avoided costs;
- operating savings;
- any gain made as a direct result of the offence.
The fine should meet, in a fair and proportionate way, the objectives of punishment, deterrence and the removal of gain derived through the commission of the offence; it should not be cheaper to offend than to comply with the law.
In considering economic benefit, the court should avoid double recovery.
Where the means of the offender are limited, priority should be given to compensation (where applicable) over payment of any other financial penalty.
Where it is not possible to calculate or estimate the economic benefit, the court may wish to draw on information from the enforcing authorities about the general costs of operating within the law.
When sentencing organisations the fine must be sufficiently substantial to have a real economic impact which will bring home to both management and shareholders the need to comply with the law. The court should ensure that the effect of the fine (particularly if it will result in closure of the business) is proportionate to the gravity of the offence.
Obtaining financial information: It is for the offender to disclose to the court such data relevant to their financial position as will enable it to assess what they can reasonably afford to pay. If necessary, the court may compel the disclosure of an individual offender’s financial circumstances pursuant to section 35 of the Sentencing Code. In the absence of such disclosure, or where the court is not satisfied that it has been given sufficient reliable information, the court will be entitled to draw reasonable inferences as to the offender’s means from evidence it has heard and from all the circumstances of the case. In setting a fine, the court may conclude that the offender is able to pay any fine imposed unless the offender has supplied financial information to the contrary.

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