5. Motoring offences appropriate for imposition of fine or discharge

Effective from: 04 August 2008

Part 5: Offences re buses/goods vehicles over 3.5 tonnes (GVW)

* 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.

Maximum fines

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 L3 A (driver)
A* (owner-driver)
B (owner-company)
No goods vehicle test certificate L4 B (driver)
B* (owner-driver)
C (owner-company)
Brakes defective L5 3 B (driver)
B* (owner-driver)
C (owner-company)
Steering defective L5 3 B (driver)
B* (owner-driver)
C (owner-company)
Tyres defective L5 3 B (driver)
B* (owner-driver)
C (owner-company)
Penalty per tyre
Exhaust emission 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 L5 B (driver)
B* (owner-driver)
C (owner-company)
Starting points cater for cases where the overload is up to and including 10 per cent. Thereafter, 10 per cent should be added to the penalty for each additional one per cent of overload.Penalty per axle.
No operators licence L4 (PSV)
L5 (Goods)
B (driver)
B* (owner-driver)
C (owner-company)
Speed limiter not used or incorrectly calibrated L4 B (driver)
B* (owner-driver)
C (owner-company)
Tachograph not used/not working L5 B (driver)
B* (owner-driver)
C (owner-company)
Exceed permitted driving time/periods of duty L4 B (driver)
B* (owner-driver)
C (owner-company)
Fail to keep/return written record sheets L4 B (driver)
B* (owner-driver)
C (owner-company)
Falsify or alter records with intent to deceive L5/2 years B (driver)
B* (owner-driver)
C (owner-company)
Either way offence
Band ranges
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