Civil Sanctions
The Regulatory Sanctions & Enforcement Act 2008
What could civil sanctions mean to the driver training profession?
Civil sanctions are ‘fines’ or ‘financial penalties’. Currently the ADI Registrar doesn’t have the power to issue a civil sanction, but as we saw in the recent the MDT, consultation he is considering this as an option. Before he was allowed, the Secretary of State would have to give permission through a Statutory Instrument.
Scope of the act and financial penalties
Fixed Monetary Penalties (FMP)
These vary but there is an upper level of £3000 as a fix monetary penalty. The registrar in the consultation mentions a figure of £200 for a breach of regulation such as failing to display instructor licence whilst giving paid tuition. I would consider this to be negligence and not a breach of regulation. Many instructors instruct in more than one vehicle and regularly switch between manual and automatic cars, some also teach in pupils’ car so the potential will always be there to forget to switch your licence. Providing the instructor is qualified there seems no need to have the badge displayed. We are not required by law to display or even carry your driving licence.
Variable Monetary Penalties (VMP)
This is where it gets very serious, because the monetary penalties have become very severe. Fines now are up to £250,000 plus there could be a further 1% of turn over.
With civil sanction the burden of proof is reversed, not longer are you innocent until proven guilty, you will be judged guilty and the burden of proof will be on you to prove your innocence.
In the House of Lords Second Reading, the Minister had boldly asserted that “As it is a civil penalty the normal requirements in relation to fair trials and so forth do not apply” (see HL Deb, vol 604, col 164).