Are the Met police issuing illegal fixed penalties to cyclists?
Last Wednesday TfL announced the results of a traffic enforcement operation carried out over the summer by the Met Police’s Cycle Task Force, which TfL funds.
TfL claimed that over 400 fixed penalty notices of up to £60 were issued to cyclists.
I thought this was just a mistake in the press release. But then a colleague told me she’d seen a policeman stopping a cyclist and telling him it was court “or a sixty pound fine”.
So I decided to double-check.
Fixed penalty notices for cyclists
I’ve posted before on what you can and can’t get a fixed penalty for when you’re cycling. I said in that post that fixed penalties for cyclists are generally £30 (going up to £45 if you don’t pay within the time limit).
I’ve looked again, and as far as I can see, the highest fixed penalty you can be given for an offence you commit on your bike is £30.
So what’s going on? If the Met are handing out £60 FPNs to cyclists, it looks like there are three possible explanations.
1. Offences involving obligatory endorsement
They might be treating cycling offences as offences involving obligatory endorsement (i.e. penalty points). If you commit this kind of offence, they do have power to issue a £60 FPN. (FPO Sch 1, item 3)
But, as I’ve posted before, there are no cycling offences I’m aware of for which you can get penalty points. Take jumping a red light, for example: this can be an offence involving obligatory endorsement, but only where the person committing it is driving a motor vehicle. (RTA s. 36(1); RTOA s. 96, Sch 2 pt 1)
So if the Met are treating cycling offences as offences involving obligatory endorsement, then it looks like the £60 FPNs they’re handing out are illegal.
2. One FPN, two offences
Alternatively they could be issuing a single FPN for two offences at once – for example giving you a £60 FPN if they see you jumping two red lights. The problem with this is that the legislation is phrased in the singular – enabling the police to issue FPNs in respect of one offence (not two). (RTOA ss. 52(1), 54(1) and (2))
If they see you commit two offences on your bike, there’s nothing stopping them giving you two separate £30 FPNs. But, again, it looks like one single £60 FPN would be illegal.
3. Other legislation
They could be relying on a piece of legislation I don’t know about – for example a bylaw which only applies in London. But I’ve had a thorough look and not found anything. So while this is possible, it looks fairly unlikely.
Is this really happening?
So is this actually happening? Has anyone actually got one of the £60 FPNs for a cycling offence?
If so, I’m not saying you should necessarily challenge it – it would be a headache, and may well cost you more than the £60 you’d have to pay for the FPN.
But there might be other people who are prepared to challenge this practice more generally. So if this has happened to you, I’d be very interested to hear about it.