Fleet drivers should not accept Graduated Fixed Penalties, which were introduced in May, according to a leading transport solicitor.
The new rules mean company drivers can be fined at the roadside for certain offences - such as those relating to the construction and use of vehicles - without being convicted in court. VOSA examiners can now also issue these fixed penalty notices.
In the first three months 11,000 penalty notices were issued of between £30 and £200. The drivers also face penalty points.
Van drivers are a particular target, with VOSA confirming it’s concentrating on offences relating to the safety of vans.
But Lucy Wood, a solicitor at Rothera Dowson, said drivers should not accept these penalties, especially those relating to using a vehicle in a dangerous condition or using a vehicle with faulty brakes, steering or tyres.
“The driver may avoid endorsement of his licence if he can prove that he did not know and had not reasonable cause to suspect that the use of the vehicle involved a danger of injury to anyone,” she said.
“Although strictly speaking the effect of the above arguments is only to exempt the driver from having his licence endorsed with penalty points, we have been successful in also persuading the Court not to impose a financial penalty either."
To successfully defend a case, the driver and/or his employer must have evidence that they have systems in place to prevent such incidents occurring.
For example, a driver should do a daily walk-around check and complete a sheet detailing which items have been checked and any action taken.