A new initiative punishes higher earners more than those on low income – for exactly the same driving offence. Sean Joyce, a partner at law firm Stephensons Solicitors and specialist in road traffic and transport law, reports.
NEW driving offence guidelines have been introduced recently. For the first time, these allow fines handed down by the Courts to be linked to a person’s income.
The move means a high earner will often face a larger fine for committing the same offence as someone on a low income.
Fines for traffic offences include drink driving; failing to stop after an accident; and dangerous driving. These are now banded into three categories: A, B and C.
Each band represents a percentage of a person’s relevant weekly income – after essential items are taken into account. From this amount the Court will then increase or decrease the fine depending on any mitigating or aggravating circumstances.
The Courts have always taken a person’s ability to pay into account when setting fines. But there was never any science to it. The new system is undoubtedly controversial. But it does allow solicitors to give their clients a clearer indication of what level of fine to expect, as well as introducing more consistency – something for which the Magistrates Court service has been criticised in the past.
However, inevitably, it means that those who work and have higher incomes will be fined more than those who don’t work or have less money coming in – after committing the exact same offence. Whether this is fair or not is cause for considerable debate.
Further information
Sean has recently launched a new service for drivers who are facing a prosecution for any type of road traffic offence. Called Carry On Driving, the service gives access to a free 24-hour legal helpline operated by specialist road traffic lawyers.
