HGV
ARRANGEMENT OF SECTIONS

Enforcement Sanctions

This document outlines appropriate course of action to be taken when dealing with the more common road traffic offences encountered by VOSA Examiners when examining vehicles at the roadside. All road traffic and construction & use offences are laid down in the appropriate Acts and Regulations and these form the basic standard for all VOSA's enforcement activities. All infringements, regardless of severity, identified by Examiners will as a minimum be brought to the driver's / operator's attention.

Whilst on the vast majority of occasions action taken by Examiners will follow that shown in this document, it should however be noted there will inevitably be occasions where the nature and/or severity of the offence or the particular circumstances may dictate that the guidelines detailed herein are not appropriate and therefore Examiners have discretion to determine what further action is needed in the public interest and to properly enforce the law. Where action differs from that specified in this document Examiners must record the reasons in their pocket books and case papers. In cases of uncertainty about what action is necessary, advice must be sought from line management, who may need to consult the Enforcement Scheme Management & Policy Team before any final action is proposed / taken.

The document aims to provide guidance on best practice and a consistent approach for VOSA Examiners enforcing transport legislation and provides a framework within which Examiners should normally work. It strikes a balance between ensuring that the best enforcement value is obtained from enforcement resources and not allowing the impression to be created that minor infringements of the law will always be overlooked, or that they are not a serious matter. This is not a legal document and must not be treated as an interpretation of the relevant legislation, which only the courts can provide. It lists the most common offences enforced by VOSA however it is not exhaustive.

Examiners must be aware that in the document certain procedures apply to Great Britain (GB) vehicles or drivers and some procedures will apply to United Kingdom (UK) vehicles or drivers. GB is Scotland, England and Wales whilst the UK is GB plus Northern Ireland. It is important to understand this distinction as actions are dependant upon where either the driver lives or where the operator is based.

In many cases Examiners will deal with offences found during roadside inspections by the issue of prohibition and/or fixed penalty notices requiring no follow up action. In cases where the number or seriousness of the offence(s) found indicates that there is systematic abuse of regulations and/or the operator/driver is indulging in fraudulent activities Examiners will make appropriate enquiries to obtain further evidence and will report offenders to the Traffic Commissioner or, in the most serious cases, for prosecution.

When conducting enquiries into complaints, information received or where an operator's history of non-compliance prompts further enquiries, any offences found during the checking of documentation etc will be dealt with, depending on the seriousness/number of the offences, by the issuing of a verbal warning, an advisory letter, a report to the Traffic Commissioner or, in the most serious cases, for prosecution.

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The guide directs on the appropriate range of sanctions to be used for each offence type. In some cases it will be for the Examiner to exercise his / her judgement in determining what action is most appropriate taking each case on its merits. The sanctions that can be applied are as follows: