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Endorsable/Non Endorsable Fixed Penalty Notices


Answer

There are two types of fixed penalty tickets, endorsable and non-endorsable.

  • Endorsable tickets mean that you will get 3 points on your licence and a £100 fine (but be aware that is the penalty for the majority of tickets, there are a few variations where it is more, not having insurance is one example).
  • A non-endorsable ticket means that you will receive a £50 fine (some are higher) but do not get any points on your licence.
  • Certain parking offences are eligible for a £30 non-endorsable ticket.

It depends what offence has been committed as to which type of fixed penalty ticket you will receive. It is not automatic that you are given a fixed penalty ticket if you commit one of these offences, you could be prosecuted through the normal channels.

A few examples of endorsable and non endorsable tickets are -

Endorsable

  • speeding
  • going through a red light
  • using mobile phone whilst driving
  • pedestrian crossing offences
  • no insurance (£300 and 6 penalty points)

Non-endorsable

  • drive a vehicle with no MOT (£100)
  • fail to comply with a traffic sign, for example,
    • give way sign
    • roundabout sign
    • vehicle priority sign
  • give way road markings
  • failing to wear a seatbelt
  • parking offences (£30)


Answer

Both the photocard and the paper counterpart are required in order to pay the fine and have penalty points endorsed. It is advisable to apply for a new licence straight away, as a new licence may be issued before the due date on the Conditional Offer of a Fixed Penalty Notice expires. You should also inform the issuing office.

If at the end of the 28 day period you still do not have your driving licence and therefore you are unable to make payment, a police report will be raised for the Procurator Fiscal for their consideration of prosecution.


Answer

If it was a safety camera that detected your vehicle, on the reverse of the Notice of Intended Prosecution there are three parts you may complete, if you were not the driver you should complete part two naming who was the driver. Or if you were not the owner or the keeper of the vehicle at the time of the offence you should complete part three.

Under Section 172 Road Traffic Act 1988 it is the responsibility of the registered keeper to know who is driving the vehicle at all times. Failure to do so in itself is an offence punishable by a fine of up to £1000 plus 6 penalty points.


Answer

If a safety camera detected your alleged offence contact the relevant Partnership for further information. Contact details can be found at the website in related links.


Answer

The usual length of time to return a licence is four weeks. If you have still not received your licence back after this length of time you should contact the Sheriff Clerks Office where you paid your fine and they should be able to assist you.


Answer

Yes, you can plead not guilty to the ticket. On the back of the ticket there will be information on how to challenge the ticket.

You will then be sent a citation in due course with a date for the court hearing.


Answer

If you want to query the ticket you need to write to the address on the ticket stating the reasons why you think the ticket should be cancelled. If it concerns a disabled parking permit then you should include a photocopy of it.

You will then receive a reply from the central ticket office/local authority department. If the ticket has been cancelled you need take no further action; if it has not been cancelled then you will be given a period of time within which to pay the fine


Answer

There are two types of ticket:

  • non-endorsable tickets are mostly £50 and no points on your licence (some offences are £100 e.g. no MoT)
  • endorsable tickets are mostly £100 and three points on your licence (some offences attract a higher fine and 6 points e.g. driving whilst uninsured can result in a £300 fine and 6 points)
  • certain parking offence attract a £30 fine


Answer

You should contact the Central Ticket Office for the area in which you received the ticket (via 101) and inform them that you have lost it. It is likely that you will have to be dealt with by the court. You will receive a citation in the post and you will have the opportunity to plead guilty by letter or to attend at court.


Answer

You can either pay by cheque, cash or by credit/debit card. Payment details are on the back of the ticket.


Answer

If you do not pay then you will receive a citation to go to court. You can either then plead guilty by letter or elect to go to court. If found guilty at court you will possibly receive a larger fine.


Answer

You should attend at the Sheriff Clerks Office that you have chosen to pay your ticket at as soon as possible during office hours so that the central ticket office can be contacted to see if it is still possible for you to pay the fine and not go to court. This is at the discretion of the central ticket office, as after 28 days a citation will be automatically issued.


Answer

The police must serve the notice to arrive within 14 days on the registered keeper. As long as it is posted (within that time limit) 1st class, this is presumed to be good service (though this can be challenged).

For more information on Notices of Intended Prosecution, see SQ557


Answer

You should inform your insurance company as the details you provide them form the basis for the quote and the subsequent cover. If any of the details change and if you do not inform them, it may invalidate your insurance cover.


Answer

You can produce your documents at any police station in the country, so do not worry if you cannot get to your chosen one. As long as you have your ticket or the producer (HO/RT1) given to you by the police officer it will not be a problem to produce them at another station.


Answer

You should seek legal advice from a solicitor. The police or local authority cannot offer you any legal advice as to whether to challenge the ticket or not.

Minor errors on the ticket do not mean that it is automatically invalidated.


Answer

The cameras are calibrated once a year as per the set guidelines. The cameras very rarely malfunction and if they do the faults are spotted before any notices of intended prosecution are sent out.


Answer

It depends on the type of offence. For more serious offences the endorsement starts on the date of conviction, and for others on the date of the offence. (N.B. The codes shown in brackets below are the codes that show on your licence).

4 years from the date of conviction for dangerous driving (DD40, DD60 and DD80) or offences resulting in disqualification.
 
4 years from the date of offence in all other cases.
 
11 years from the date of conviction for:
  • Drinking/drugs & driving (DR10, DR20, DR30, DR31, DR61 and DR80)
  • Causing death by careless driving whilst under the influence of drink/drugs (CD40, CD50 and CD60)
  • Causing death by careless driving, then failing to provide a specimen for analysis (CD70)
Totting Up (TT99): if you get 12 or more points within a period of 3 years, you'll be disqualified under the totting up system but at the end of disqualification the points accrued in those three years will normally no longer count against you.
 
Expired endorsements will usually be removed automatically from your driving record when they are no longer valid.
 
From 8 June 2015, existing paper counterparts to driving licences will no longer have any legal status - drivers do not need to do anything; they just keep their current photocard driving licence. Note that the DVLA are not abolishing paper driving licences issued before they introduced the photocard in 1998, and any driver who holds this type of licence should keep it and not destroy it. However, from 8 June 2015, whilst the licence (whether photocard or paper) will remain the official document that shows what vehicles a person can drive, the driver record held by DVLA will be the only legal record of the penalty points a driver has. Therefore, from 8 June 2015, paper driving licences will no longer be marked with endorsements - drivers can use the link below to find out how many points they have on their licence or when they'll be removed:
 
 
If endorsements are incorrectly shown on your driving licence you'll need to contact the court that convicted you.
 
For further information see SQ654 (how many penalty points before ban) and SQ713 (penalty points for newly qualified drivers)


Answer

A fixed penalty notice is a conditional offer to an alleged offender for them to have the matter dealt with in a set way without resorting to going to court. It is conditional in that the offence committed falls within the remit of the fixed penalty system and that the alleged offender fits the criteria i.e. would not be liable to disqualification under totting up procedures and is willing to surrender their licence if the matter is endorsable.

The acceptance of the ticket gives the alleged offender options and if they feel that for any reason then or at a later stage to contest the matter then they can, by completing the requisite parts of the form to request a court hearing.

The fact that the time and date may be wrong is not necessarily a bar to proceedings continuing and it would be for the court to decide if those matters seriously affected the alleged offenders right to a fair hearing. The choice is in the hands of the alleged offender.

It also may be worth writing to the appropriate office (details on back of ticket) setting out the reasons why you think the ticket should be made void prior to you officially challenging the ticket. If the ticket has been given out by the local authority and you are not happy with their reply then there is an ombudsman who will review such cases.

It is also important to note that even if it is found that the ticket is invalid then this does not mean an end to the matter. All it means is that, if appropriate the police can proceed by issuing a citation for court. The alleged offender will not then be able to take advantage of the fixed penalty system and if found guilty at court will have a criminal conviction. It is advisable to take legal advice from a lawyer prior to making any decision on this matter.


Answer

The purpose of the notice of intended prosecution (NIP) is to inform the potential defendant that he may be prosecuted for the offence he has committed, whilst the incident is still fresh in his memory.

When you receive an NIP it does not automatically mean that you are going to face prosecution, it is a warning that you may face prosecution.

The NIP must be served within 14 days of the offence, otherwise the offence cannot proceed at court. If the details of the driver are not known then it is sent to the registered keeper. So long as the registered keeper is sent it within the time limit, the notice is valid. If the registered keeper has changed address/not informed DVLA etc., as long as the NIP was posted to arrive within 14 days, it is still valid. The registered keeper then has an obligation to identify the driver.

The driver, may then receive further paperwork in due course, but that is not to be confused with the document that is legally required to be sent within the 14 days.

NIPs can also be issued verbally to the driver at the time of the offence or alternatively you could receive a court citation through the post for the alleged offence within the 14 days.

Small mistakes on the notice do not render it ineffective unless it would mislead the potential defendant.

The posted NIP is deemed to be served until the contrary is shown. There is a presumption that it arrived, however it is possible for a potential defendant or other witness to satisfy the court (on the balance of probabilities) that neither he/she (nor the registered keeper where applicable) received the notice


Answer

Yes. If you have a new licence then you must surrender both the paper part and the photocard. It is only a full licence when both parts are present.


Answer

An Endorsable Conditional Offer of Fixed Penalty issued in Scotland should be paid at Justice of the Peace Court nominated on the actual Fixed penalty Ticket (however following Scottish Court Unification a payment can be made at any Sheriff or Justice of the Peace Court in Scotland).

Many Courts, if you pay the offer in person, will endorse your licence immediately and return it to you at that time.

You may contact the Scottish Court Service for guidance if you need your licence quickly to ascertain their 'turnaround' times.

NO EXTENSIONS ARE GRANTED WITH REGARDS CONDITIONAL OFFERS OF FIXED PENALTIES.


Answer

It states on all of these ticket types that the full amount must be paid, and that part payments or payment by installments cannot/will not be accepted.


Answer

Although various prosecution diversionary schemes exist in England and Wales, in Scotland we do not yet offer any alternative penalty for speeding or red light running offences.


Answer

The registered keeper or the named person in charge of the vehicle concerned is required by law to name the driver or person responsible for the vehicle at the time of the alleged offence. It is not acceptable to simply say you cannot remember or do not know who was driving it at the time.

If you are unsure who was driving it is advisable to check any records you may have, for example if it is a company vehicle check log books, delivery sheets etc. If it is a family car check diaries, phone records, bank statements etc.

Under Section 172 Road Traffic Act 1988 it is the responsibility of the registered keeper to know who is driving the vehicle at all times. Failure to do so in itself is an offence punishable by a fine of up to £1000 plus 6 penalty points.


Answer

If you have had your licence for less than two years:
Under legislation covering new drivers, gaining six or more penalty points on your licence within two years of passing your test will lead to your licence being revoked. You will need to resit and pass the theory and practical driving tests in order to regain your full licence.

If you have had your licence for more than two years:
Twelve points or more on your licence may lead to disqualification from driving. The Court will decide on the length of any disqualification.

Having penalty points on your driving licence may affect your insurance costs and employment.


Answer

You need to contact the Central Ticket Office (sometimes called Central Process Bureau or similar) of the force concerned and in most circumstances you will be issued with another copy.

If it was a conditional offer and you have failed to pay, you will be given another opportunity to pay the ticket so you will eventually receive more paperwork.

If it was a citation you must re contact the Central Ticket Office as a failure to appear at court could lead to a warrant for your arrest being issued.

Do not delay. There are time limits on these processes and they can get more expensive (or even lead to your arrest) if you do nothing.


Answer

Unfortunately it is up to you as the registered keeper/named person in charge of the vehicle to satisfy the issuer of the ticket that it was not you or your vehicle at the time and place where the alleged offence occurred. Cloning of vehicles, although relatively rare, can happen so you should get in touch immediately with the appropriate body to explain your circumstances. The matter can then be referred to the Police for further investigation.


Answer

The police cannot condone but understand that people may have to make way for emergency vehicles when they are responding to an emergency and they may have to commit an offence in order to do so e.g. move slightly forward through a red light to allow the vehicle to pass.


Answer

Please note from 1st March 2017 the penalty for using a mobile phone whilst driving will increase to 6 penalty points and a £200 fine. For newly qualified drivers this could result in your licence being revoked for a single offence.

Under the New Drivers Act, drivers will have their driving licence revoked automatically if they accumulate six penalty points within two years of passing their driving test. They would be required to re-sit and pass both the theory and the practical test again in order to regain their full licence.

There isn't another 2 year period if you pass a test for another category of vehicle e.g. to drive a heavy goods vehicle.


Answer

No, the officer issuing the ticket can stick it to any area of the vehicle. Ordinarily officers will attach the ticket to the windscreen because it is most visible in this position. In most cases they will place the ticket under a windscreen wiper in order that it does not blow away, hence the reason it may seem to be a requirement for it to be placed on the windscreen.

Some local areas may have different methods of notification and will not issue a parking ticket in this manner. For example, Officers/Wardens may take a photograph using a digital time stamp and issue the ticket via post. There are also CCTV systems covering parking places which work on the same principle.


Answer

If any part of your vehicle overhangs the yellow lines you could be issued with a ticket. However, in law it may be possible to argue that the matter is too trivial and is not worth judicial scrutiny- this approach may or may not be successful.


Answer

There is a substantial body of research showing that using a mobile phone whilst driving, even legally via hands-free, is a considerable distraction and greatly increases the risk of a driver being involved in an accident. This is because of the mental distraction and the driver having to divide their attention between using their phone/device and driving. Therefore, we would suggest that you don't use a mobile phone/device, even hands-free, whilst driving.
 
Standard of driving
It's important to realise that even if you aren't contravening the mobile phone/other hand-held device legislation explained below, if operating any device whether it's hand-held or not, affects your driving, you can still commit offences such as not being in proper control of your vehicle, careless or even dangerous driving. This also applies to operating any device in your vehicle e.g. car radio, sat-nav etc. Note that if you were involved in an accident and your telephone records showed that you were using your mobile at the time of the incident, even via voice activation, it could have serious legal implications.

Mobile phone/other hand-held devices – legal requirements
The law states that no person shall drive, or cause or permit to be driven, a motor vehicle on a road if the driver is using:
 
  • a hand-held mobile telephone, or
  • a hand-held device other than a two-way radio, which is capable of transmitting and receiving data, whether or not those capabilities are enabled.

Additionally, no person shall supervise a holder of a provisional licence if the person supervising is using a hand-held mobile telephone or a hand-held device as above at a time when the provisional licence holder is driving a motor vehicle on a road.
 
A mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point while being used.
 
Using includes the following –
 
  • Illuminating the screen
  • Checking the time
  • Checking notifications
  • Unlocking the device
  • Making, receiving, or rejecting a telephone or internet-based call
  • Sending, receiving or uploading oral or written content
  • Sending, receiving or uploading a photo or video
  • Utilising camera, video, or sound recording functionality
  • Drafting any text
  • Accessing any stored data such as documents, books, audio files, photos, videos, films, playlists, notes or messages
  • Accessing an application
  • Accessing the internet.

What does this mean?
The offence of using a hand-held mobile phone or similar device is triggered when a driver holds a mobile phone or similar device and uses it, regardless of whether that use involves interactive communication. This covers any device which is capable of interactive communication even if that functionality is not enabled at the time, for example, because mobile data is switched off, or the device is in flight mode.

Provided that a phone/device can be operated without holding it, then hands-free equipment is not prohibited by the above requirements.

Pushing buttons/touching a phone while it's in a cradle is not covered by the above offence, provided you don't hold the phone. Therefore, in our opinion, if the device can allow for hands-free calls, such as when using Apple's Siri voice command system or using a car's compatible systems, it would be legal but inadvisable to use whilst driving. However, we would emphasise that ultimately this would be a matter for a court to decide.

The use of a mobile phone or similar device for texting/internet access etc., while driving is also prohibited if the phone/device has to be held in order to operate it.

What is the penalty for using a mobile phone/device?
Using a mobile phone/device in breach of the above requirements carries 6 points and a £200 fine.
 
Can I use my phone as a sat nav?
The use of a phone as a sat nav is lawful providing you don't have to hold it at any time. Please see the section on 'Mobile phone/other hand-held devices – legal requirements' for information on touching the screen etc.

Mobile phone - use when parked
Whether someone is driving in terms of the law is a question of fact and degree and is ultimately a matter for a court to decide. If you are sitting in the driving seat of a vehicle on a road with the engine running you will usually be deemed to be driving for the purposes of this offence. There have even been cases where people have been found to be driving when they have let the vehicle roll forward without the engine running. In order to ensure you don't break the law in relation to using a phone/device when parked in a safe and lawful place, we would suggest the following:
 
  • Use a hands-free kit
  • Use the phone/device outside the vehicle
  • Ideally, don't use the phone/device at all

Mobile phone - positioning
The law does not state where your phone cradle must be positioned providing it doesn't obscure your view from the vehicle – if it does you could commit an offence.

Must my phone be in a cradle?
If at any point you have to hold your phone/device to use it whilst driving, you will commit an offence. Therefore, it is best to secure it in a suitable cradle.

What about queuing in traffic?
It's illegal to use a hand-held phone or similar device if you're stopped in queuing traffic e.g. at traffic lights, hold-ups etc. Whilst there may be situations when drivers are held for hours in a queue of traffic e.g. following a serious accident, the legislation doesn't specifically provide an exemption in such circumstances. Therefore, to ensure you don't commit an offence in relation to using a mobile phone in such a situation, we would suggest using a hands-free kit.

Are there any exemptions?
Yes, there are three exemptions to the above provisions if someone is using the mobile telephone or other device to:
 
  • Call the police, fire, ambulance or other emergency service on 112 or 999, in response to a genuine emergency, and it is unsafe or impracticable for them to cease driving in order to make the call (or if applicable for the provisional licence holder to cease driving while the call was being made).
  • Perform a remote controlled parking function of the motor vehicle, and that mobile telephone or other device only enables the motor vehicle to move where:
    • there is continuous activation of the remote control application of the telephone or device by the driver,
    • the signal between the motor vehicle and the telephone or the motor vehicle and the device, as appropriate, is maintained, and
    • the distance between the motor vehicle and the telephone or the motor vehicle and the device, as appropriate, is not more than 6 metres.
  • Make a contactless payment for goods/services which are received at the same time as, or after, the contactless payment is made and the motor vehicle is stationary.

Wearable technology
It is not yet clear whether using a smartwatch strapped to your wrist would constitute a hand-held device for the purposes of the mobile phone legislation – this matter would have to be decided by the courts. However, if operating such a device affects your driving, you can still commit offences such as not being in proper control of your vehicle, careless or even dangerous driving – see the section on 'Standard of driving' for further information. Additionally, the legislation on viewing a screen may also apply – see the sections on 'Viewing a screen'. and 'Mobile phone/other hand-held devices – legal requirements' for information in relation to the use of voice command systems.

Viewing a screen
Legislation states that no person shall drive or cause or permit to be driven a motor vehicle on a road if the driver is in such a position as to be able to see, directly or by reflection, a television screen or similar apparatus except one showing information:
 
  • about the state of the vehicle or its equipment e.g. screen warning lights;
  • about the location of the vehicle and the road on which it is located e.g. some GPS tracking devices;
  •  to assist the driver to see the road adjacent to the vehicle e.g. reversing cameras; or
  • to assist the driver to reach their destination e.g. sat navs.

In-ear earphones
There is no specific legislation that applies to using head/earphones whilst riding/driving. However, when driving it is best not to do anything that restricts your senses or concentration, as this may impede your awareness of or reaction to a situation. If this occurred, depending on the circumstances, you could be prosecuted for driving without due care and attention but this would ultimately be a matter for a court to decide.

Cyclists
The mobile phone legislation only applies to motor vehicles. However, if a cyclist was using a mobile phone, they could commit offences such as careless or dangerous cycling.

Two-way radios
The use of 2-way radio equipment (unless the device can also be used as a phone) when driving is not included in the mobile phone legislation but note that if a device is a dual or multi-purpose device that can be used both as a mobile phone and a 2-way radio, the use of the device while driving or supervising a provisional licence holder is prohibited. Use is prohibited whether the device is being used as a 2-way radio or as a mobile phone. However, whilst the law on mobile phones doesn't apply to a two-way radio, if operating such a radio affects your driving, you can still commit offences such as not being in proper control of your vehicle, careless or even dangerous driving – see the section on 'Standard of driving' for further information.

Using a mobile phone/smartwatch to scan
Please see the ‘Are there any exemptions’ section above.