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Graduated Fixed Penalty & Deposit Scheme FAQs



Questions

  1. What are Graduated Fixed Penalties?
  2. What legislation brought the scheme into force?
  3. Who will be affected by implementation of the scheme?
  4. What are Graduated Fixed Penalties issued for?
  5. Do the offences attract penalty points?
  6. How much will I have to pay?
  7. How long do I have to pay?
  8. Where do I pay?
  9. Can the Fixed Penalty be reduced or appealed?
  10. I have sent my penalty payment to the Fixed Penalty Office and have now received a Court Summons, what should I do?
  11. I have sent my payment and have not received a receipt, what should I do now?
  12. Where do I submit my licence?
  13. I have submitted my driving licence to have penalty points recorded and I haven’t received it back, who do I contact?


Answers

  1. What are Graduated Fixed Penalties?

Graduated Fixed Penalties are fixed penalties offered by DVA Enforcement Officers in relation to certain driver and vehicle related offences. Depending on the nature of the offence, drivers found to be non compliant with legislative requirements may be offered a fixed penalty in lieu of prosecution in court.

The Road Traffic (NI) Order 2007 (RTO) secured new powers to help aid the enforcement of vehicle related offences. The main benefit of these powers is to simplify the enforcement of offences dealt with by the Driver and Vehicle Agency. The scheme will help to reduce road hazards by making freight and taxi drivers and their vehicles more compliant.

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  1. What legislation brought the scheme into force?

The following legislation in relation to implementation of the schemes was introduced on 14th December 2010:

  • The Road Traffic Fixed Penalty (Procedure) (Vehicle Examiners) Regulations (Northern Ireland) 2010;
  • The Road Traffic Fixed Penalty (Procedure) (Amendment) Regulations (Northern Ireland) 2010;

A Commencement Order, made at the same time as these SRs, brings into effect the following provisions of the Road Traffic (Northern Ireland) Order 2007:
  • Article 16 and Schedule 2 of the 2007 Order;
  • Article 38 of the 2007 Order;
  • Article 39 and Schedule 4 of the 2007 Order.

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  1. Who will be affected by implementation of the scheme?

The scheme will impact private cars, freight, taxi and bus drivers that have committed a fixed penalty offence in breach of legislative requirements.

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  1. What are Graduated Fixed Penalties issued for?

Graduated Fixed Penalties will be issued for certain driver and vehicle related offences in relation to freight vehicles and taxis.

Penalties offered for freight & bus related offences include:
  • Mechanical defects
  • Overloading
  • Drivers hours and record keeping

Penalties offered for taxi related offences include:
  • Mechanical defects
  • Failing to wear a taxi drivers badge
  • No taxi roof sign

The nature of the offence will determine whether a penalty is endorsable or non-endorsable and this will affect the level of fine.

For a full list of offence click the link below:

List of Offences

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  1. Do the offences attract penalty points?

Depending on the nature of the offence, drivers found to be non compliant with legislative requirements may have their licence endorsed with penalty points as well as being offered a Fixed Penalty. However, in cases where an offender has committed an offence that will take them over the mandatory limit of penalty points (i.e. where they may be disqualified from driving) a Fixed Penalty cannot be offered. In these cases offenders will be prosecuted in court.

If an offence is endorsable, drivers should expect between 3 and 6 points to be awarded for an offence.

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  1. How much will I have to pay?

The level of Fixed Penalty will initially be £30 for non-endorsable tickets and £60 for endorsable tickets.

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  1. How long do I have to pay?

Offenders have 21 days to pay a penalty by cheque, postal order or debit / credit card. Alternatively, if an offender chooses not to accept the penalty within the 21 day time period, they can elect to have the case heard in court.

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  1. Where do I pay?

Payment of a fixed penalty is made to the Fixed Penalty Office, Laganside Courts, Belfast. The Fixed Penalty Office is located within Laganside Courts Complex and is open from 9:30 am to 4:30 pm.

Fixed Penalty Office
Laganside Courts Complex
45 Oxford Street
Belfast
BT1 3LL
Tel: 028 9072 8233
Fax: 028 9031 0227
Email: fixedpenaltyoffice@courtsni.gov.uk

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  1. Can the Fixed Penalty be reduced or appealed?

The penalties given at the side of the road cannot be reduced. If an offender chooses not to pay the fine, they may appeal the penalty by having the case heard in court.

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  1. I have sent my penalty payment to the Fixed Penalty Office and have now received a Court Summons, what should I do?

The offender should contact the Fixed Penalty Office, Laganside Courts (details above), to get further information on whether their payment has been received and why a Court Summons has been sent to them.

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  1. I have sent my payment and have not received a receipt, what should I do now?

The offender should contact the Fixed Penalty Office, Laganside Courts (details above), who will be able to advise them if their payment has been received and accepted for the fixed penalty in question.

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  1. Where do I submit my licence?

In cases where an endorsable offence has been committed, driving licences (paper part and photo) should be submitted to the Police Station indicated on the Fixed Penalty ticket within 7 days of the offence.

Your licence will be endorsed and returned to the address provided. Customers should allow approximately 4-6 weeks for this process to be completed and their licences to be returned to them.

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  1. I have submitted my driving licence to have penalty points recorded and I haven’t received it back, who do I contact?

When a licence has been submitted for penalty points to be recorded, the offender must allow approximately 4-6 weeks for it to be processed. If a customer has not received their licence back after this period of time, they should then contact the Fixed Penalty Office (details above).

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