Police Demand Cash Up Front
From 31 March 2009 a police officer or Vehicle and Operators Service Agency examiner has the power to demand that a motorist provides a payment at the roadside where a fine for a driving offence may be payable in the future.
The police officer/examiner must have reason to believe that the person has committed a driving offence. The driver must then fail to provide a satisfactory address in the UK. The driver will have failed to provide a satisfactory address if they cannot provide an address in the UK at which the police officer or examiner considers it likely that it would be possible to find the driver if necessary to do so in connection with the alleged offence.
It is interesting that the police officer must be wearing their uniform and the vehicle examiner must be able to produce proof of their authority.
The amount demanded varies with the alleged offence but can be up to £900 where there are several alleged offences, or £300 for a single alleged offence.
When the police officer or examiner makes a legitimate demand for payment at the roadside, the driver may pay in person using cash, a credit card or a debit card. Alternatively, payment can be made by telephone using a credit card or debit card. The driver must then be provided with a written receipt confirming payment.
If the driver refuses to make such a roadside payment, the police officer/examiner may forbid the use of the vehicle that was being used at the time of the alleged motoring offence. This does not prohibit the driver from driving other vehicles but it does forbid other drivers from driving the relevant vehicle. Also, the relevant vehicle may be immobilised pending payment of the roadside demand.
It is an offence to drive a vehicle subject to such a prohibition and carries up to a £5000 fine.
If the alleged driving offence is dealt with by way of fixed penalty notice or court proceedings and a fine is imposed, the roadside payment will be taken into account to pay or part pay the fine imposed.
However, the driver is entitled to a refund if they are acquitted, or are convicted, but no fine is imposed, or a fine is imposed which is an amount lower than the roadside demand (in which case the difference will be refunded). Also, if the police do not proceed against the driver then the driver is entitled to a refund of the roadside demand after a 12 month period or a shorter period if the police are time-barred. For example, a speeding prosecution cannot be commenced more than 6 months after the date of the alleged offence and therefore a driver who has paid a roadside demand would be entitled to a return of the sum paid at the roadside after approximately 6 months.
It is clear that the new power given to police officers and vehicle examiners aims to secure financial payment from drivers who live outside the UK and those who live in the UK but without a permanent address. However, we strongly suspect that police officers will use the power in situations where a driver provides a permanent address but cannot then provide proof of that address. For that reason, we advise all drivers to carry their photocard driving licence with them to prove their identity and permanent address to a police officer. It should then not be necessary for a police officer to demand a roadside payment.