The Legal Aid Sentencing and Punishment of Offenders Act 2012 came into force on March 12 this year and has increased the Level 5 fine, which can be given in the Magistrates Court, according to leading road transport solicitors, DrivingDefences.com

The various levels of fines which include levels 1-5, correlate to the seriousness of the offence.

Level 5 fines are the most serious and now have no limit to what penalty can be given, which is a change from a maximum amount of £5000 given in the past.

Also later this year, it is planned that an increase to the other levels of fines (fines 1-4), which currently are £200, £500, £1000 and £2500, that these will be increased to £2000, £5000, £10,000 and £25,000.

A range of operator offences warrant a Level 5 fine and these include offences such as driver hour breaches, construction and use breaches and overloading.

When determining levels of fines to be imposed, the Courts will abide by the sentencing guidelines. Operators who can show a lack of culpability for offences through mitigation, could receive a reduced fine depending on the severity of the offence and to reduce the risk of being caught out by the new changes, they should ensure that everything possible is done to prevent offences happening through having well trained drivers and good working practices. Presentation of proper mitigation to the Magistrates may well save operators from thousands of pounds of fines.

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