Policy background Road traffic Fixed penalty notices for certain road traffic offences - Scotland
Currently, the police throughout Great Britain have the power to issue a conditional offer of fixed penalty notice ("COFPN") under sections 75 to 77A of the Road Traffic Offenders Act 1988 (the "1988 Act"). This scheme was introduced in 1989 as an alternative to prosecution for certain low-level road traffic offences. Once a COFPN is issued, an individual has 28 days to accept the offer and make payment. If, in Scotland, the offer is not accepted or if the recipient fails to take any action, the police will submit a "Standard Prosecution Report" to the Crown Office and Procurator Fiscal Service for consideration of whether a prosecution should take place.
	In England and Wales, in addition to powers to issue COFPN, section 54 of the 1988 Act allows the police and Driver and Vehicle Standards Agency ("DVSA") vehicle examiners to issue fixed penalty notices ("FPNs") on-the-spot to alleged road traffic offenders. The level of the monetary penalty varies depending on the offence. For example, the penalty is £100 for driving without due care and attention, £200 for using a hand-held mobile phone while driving and £300 for driving without insurance. If the recipient does not either pay the fixed penalty on time or request a hearing in respect of the FPN, a sum equal to one and a half times the FPN amount becomes a registered fine and is collected and enforced in line with the normal procedures in place for court-imposed fines. There is no need for the police to report the matter to the Crown Prosecution Service, nor for a prosecution to take place. There is no equivalent power for police officers in Scotland to issue FPNs.
	The Department for Transport, in partnership with the Scottish Government, ran a public consultation from 27 March to 8 May 2018 seeking views on whether to extend the power in section 54 of the 1988 Act to allow the police, traffic wardens and DVSA vehicle examiners to issue on-the-spot FPNs to suspected offenders of road traffic offences committed in Scotland. The consultation received 26 responses with the majority of respondents agreeing to the proposed changes. A response to the consultation was published in September 2020 accepting the Scottish Government’s request to enable the police to issue FPNs to suspected offenders of road traffic offences committed in Scotland. Section 97 of the Act gives effect to these proposals.