From 31 March 2009 a police officer or vehicle examiner (from the Vehicle and Operators Service Agency) can demand that a motorist provides a payment at the roadside where a fine for a motoring offence may be payable in the future.
The police officer or examiner must have reason to believe that the person has committed a motoring offence. The motorist must then fail to provide a satisfactory address. The motorist 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 motorist whenever necessary to do so in connection with the alleged offence.
It is interesting that the police officer must be in uniform and the vehicle examiner must be able to produce proof of his authority.
The amount demanded varies with the alleged offence but can be up to £900 for multiple alleged offences, or £300 for a single alleged offence.
When the police officer or examiner makes a legitimate demand for payment at the roadside, payment can be made 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 motorist must then be provided with a written receipt of such a payment being made.
If the motorist refuses to make such a roadside payment, the police officer or examiner may prohibit the use of the vehicle that was being used at the time of the alleged motoring offence. Please note that this does not prohibit the motorist from driving other vehicles but it does prohibit other motorists 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 motoring 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 motorist 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 motorist then the motorist 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 motorist 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 is aimed at securing 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 even where a motorist provides a permanent address but cannot then provide proof of that address. For that reason, we advise all motorists 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 road side payment.