Magistrates attack on-spot fine bid
Police should not be given the power to issue on-the-spot punishments for careless driving, magistrates warned.
The Department for Transport has proposed a series of road safety measures including allowing officers to issue £60 fixed penalties and three points to motorists who admit the offence.
Currently, those suspected of careless driving are prosecuted in the courts where they can face a fine of up to £5,000 and up to nine points on their licence.
In its response to the Government's consultation, the Magistrates' Association attacked the suggestion to take the matter away from courts and said police would "misuse" their powers.
Chris Hunt Cooke, chairman of the association's road traffic committee, said: "Regrettably, recent experience with out-of-court disposals shows that the police cannot be relied on to use them appropriately or as intended.
"Once they have been given these powers, the police will misuse them, that is a certainty, and careless driving will be generally treated as a minor offence, unless serious injury is involved.
"This is a proposal that places the convenience of the police above what is right in principle, may coerce innocent drivers into accepting a fixed penalty, and is certain generally to downgrade careless driving in terms of offence seriousness."
Mr Hunt Cooke, a retired accountant who has served as a magistrate in north Hertfordshire for 13 years, said the offence was subjective and required both sides to be heard in court to assess the seriousness.
"We have a court system which is designed to consider both sides of the issue and come to a reasoned conclusion," he added. "The problem with fixed penalties is that because the penalties are relatively low compared with what they might get in court there is great pressure on them to accept the fixed penalty."
A Department for Transport spokesman said: "Making careless driving a fixed penalty offence would help the police to enforce against bad drivers who admit fault with a minimum of bureaucracy, freeing up police resources. But all drivers would always have the option to contest their case in court and we would work with the police and the courts to develop guidance to ensure that cases are handled correctly."
