asked Her Majesty's Government:
Whether they have any proposals for charging heavy goods vehicles for the use of certain infrastructures, as proposed by the European Commission (COM(2008) 436 final/2), including external costs associated with such vehicles. [HL5767]
The Department for Transport submitted an Explanatory Memorandum (EM) to the scrutiny committees covering this European Commission proposal. As stated in that EM, there are currently no plans to introduce a widespread lorry tolling or user charging arrangement.
asked Her Majesty's Government:
Further to the Written Answer by Lord Adonis on 20 October (WA 86), whether drivers of heavy goods vehicles examined at a roadside check and found to be in violation of traffic laws may (a) be required to pay an on-the-spot fine; (b) be required to appear in court prior to the levying of a fine; or (c) if they are based overseas, be required to remain the United Kingdom until the court hearing. [HL5920]
(a) Subject to legislation, as from spring 2009 the offending driver will be issued with a financial penalty deposit. This will be required to be paid on the spot from offending drivers who are unable to provide a satisfactory address within the UK. The amount will be equal to any fixed penalty they have been given and in more serious cases requiring court proceedings, an amount of £300 per offence.
(b) No, the deposit requirement is paid up-front with court proceedings following in the normal way.
(c) No, drivers based abroad will pay their deposit requirement and will be advised that they have an option to request a court hearing should they wish to challenge the fixed penalty offence, or will receive a summons if the offence is too serious to be dealt with by means of fixed penalty. In any event, drivers are not legally required to respond to any court summons if they reside abroad and non response may result in forfeit of the deposit. They do have the right to attend the hearing, be legally represented or respond in writing in cases involving summary offences.
asked Her Majesty's Government:
Further to the Written Answer by Lord Adonis on 20 October (WA 86), by what methods courts collect fines from overseas heavy goods vehicles; and how they handle non-payment. [HL5921]
Currently it is extremely difficult to prosecute drivers without a fixed address within the UK. Subject to legislation, as from spring 2009 the offending driver will be issued with a fixed penalty by the Police or the Vehicle and Operator Services Agency (VOSA). The deposit will equal the amount of the penalty required. In the cases of matters requiring a court hearing, £300 per offence will be taken at the roadside and this will form all or part of any court fine. Should the court determine that the roadside deposit was insufficient then it will need to pursue this matter. The police or VOSA will take only the deposit.
If the driver fails to pay his deposit at the roadside, then the vehicle will be prohibited from moving and possibly immobilised.