New powers come into force on April 1 with a ‘go live’ date of  May 28 which will see VOSA officers begin to issue fixed penalties for offences committed by drivers at the time of roadside enforcement checks. The power to vary the number of penalty points endorsed on driving licences according to type, location, severity of offence and location of offence will mean that VOSA will consider further action, such as a warning letter, further investigation or referral to a Traffic Commissioner who may consider taking action against the driver’s vocational entitlement, such as an LGV licence. VOSA will maintain a driver offence record of fixed penalties issued, where a driver will incur points based on the graduated fixed penalty band.

A new system of driving licence endorsement will mean power to issue endorse able fixed penalties to non-GB driving licence holders through checks of their ‘driving record’. Police and VOSA will also have the power to require financial deposit payment by drivers without a satisfactory UK address (intended to enforce against foreign drivers who otherwise have been able to avoid fixed penalty/ prosecution in the UK) as well as powers to immobilise vehicles subject to a prohibition (again, primarily directed at foreign drivers). This may include drivers from the European Union employed by UK companies who have not yet registered with the Driver and Vehicle Licensing Agency (DVLA) to obtain a counterpart driving licence. The PCO recently issued a PCO Notice dealing with this.

The Notice states that to be licensed as a taxi or PHV driver, an applicant must hold a full driving licence issued in the UK, the European Community (EC) or one of the other countries in the European Economic Area (EEA). From 1st April 2009 the Licensing Authority requires all taxi (and PHV drivers) who hold a EC/EEA driving licence to have a GB counterpart document. By having a GB counterpart drivers can take part in the fixed penalty system for road traffic offences instead of attending court. In order to obtain a UK counterpart, the applicant must be resident in the UK. Any driver who is unable to satisfy this requirement may be licensed on condition that a UK counterpart is obtained within 3 months of the licence being issued.