asked Her Majesty's Government:
When the level of fixed penalty notices issued under the Road Traffic Regulation Act 1984 for infringements of weight restriction orders was last reviewed; and [HL7865]
Whether the present level of fixed penalty notices for breaching weight restriction orders is proportionate to the financial advantage gained by those infringing them; and [HL7866]
Whether they have any plans to increase the amount of the penalty for infringing weight restriction orders.[HL7867]
We have no current plans to increase the fixed penalty level for contravening a weight restriction imposed by a local traffic regulation order under the relevant provisions of the Road Traffic Regulation Act 1984. However, the penalty levels associated with all fixed penalty offences are kept under continual review by the fixed penalty procedures working group, with representatives from relevant government departments and criminal justice agencies. Where a driver is detected committing a fixed penalty offence the police will be guided by the principles of proportionality in applying the law. There is no automatic penalty for contravening a weight restriction imposed by a local traffic regulation order. Where an offending driver is detected the police will decide what action to take in the particular case. At present, offending drivers detected by the police can be dealt with by way of fixed penalty if the police offer that option. This gives offenders the chance to discharge their liability to be convicted by the payment of £30. The police have the discretion not to offer a fixed penalty, for example, if they regard the offence committed as too serious. In that event they report the case for prosecution in the courts. The maximum penalty for the offence is a fine of up to £1,000.