Operational partnerships - Roadside deposits SOP (R02f)

R02f Roadside Deposits

1. Summary of Changes

1.1. This Standard Operating Procedure (SOP) has been reviewed in September 2023 – minor amendments to terminology.

2. What this Procedure is About

2.1 Section 11 of the Road Safety Act 2006 provides police and other enforcement agencies with a power to require a roadside deposit from a person alleged to have committed a traffic offence who does not have a “satisfactory UK address.” This power often involves alleged offenders making cash payments to police officers in uniform and it is therefore essential that proper auditable processes are in place.

Compliance with this SOP and any governing policy is mandatory.

3. Detail the Procedure

3.1 A police officer in uniform may require a financial penalty deposit from a person alleged to have committed a traffic offence who does not have a “satisfactory UK address” who is committing or who on that occasion has committed an offence in relation to a motor vehicle.

3.2. Only officers from the Roads Policing Unit and other individually authorised officers may exercise this power. Each individual ticket contains a bar code to enable any monies taken to be immediately deposited at a 24 hours Allpay centre such as a mini supermarket. The Head of Roads Policing and other Divisional Commanders where authorised officers are stationed must ensure that systems are in place to ensure a secure and auditable record of the issue of Roadside Deposit books and subsequent tickets issues.

3.3. Roadside Deposit books are issued on a strictly personal basis to authorised officers only. They are subject to strict audit as they provide an officer with authority to receive cash from an alleged offender. Ticket books may not be transferred between officers. Officers who are not authorised to take roadside deposits may seek the attendance of an authorised colleague to assist them.

3.4. The process relating to the taking of roadside deposits is outlined on the following flow charts:

• Roadside Deposit - Police Officer Action
• Roadside Deposit – Traffic Enforcement Team Action
• Roadside Deposit - Traffic Case Review and Traffic Summons Team Action

3.5. It is of paramount importance that the correct amount of deposit is taken. This is determined by the offence type and normally reflects the value of the compatible fixed penalty. An up to date list of penalty values can be found at:

• Endorsable Fixed Penalties
• Non-endorsable Fixed Penalties

3.6. Certain offences are determined to be not suitable for the issue of a fixed penalty and therefore in terms of roadside deposit value, the offence is a summons offence. Summons offences require a deposit of £500 up to a maximum of £1500 for 3 offences. This is the maximum amount that may be taken on any one occasion.

• Roadside Deposit – Summons Offences only

3.7. Summons offences require the officer to submit an immediate summons report for the offence(s) for which a summons level deposit has been taken. Offences for which a lesser deposit has been taken will be treated as a fixed penalty unless a driver requests a court hearing. Where a summons level deposit is taken and the officer fails to submit a summons report the deposit taken will always be refunded.

3.8. Offences for which the wrong level of deposit has been taken will be rejected and any payment refunded to the offender.

3.9. Deposits are held by His Majesty’s Court and Tribunal Service (HMCTS) pending the expiration of the statutory enforcement period during which a recipient of a deposit notice may request a court hearing. If a hearing is requested or in the case of summons case initiated, any payment will be held pending the decision of the court. If a defendant is found not guilty or the level of fine is less than the deposit taken, any surplus amount will be returned by HMCTS to the offender with interest.

3.10. Graduated Fixed Penalty Offences

3.10.1. A number of offences, mainly relating to goods vehicles, have been classed “Graduated Fixed Penalty Offences”. These have a penalty that is graduated by the level of seriousness. These offences are processed by using the Graduated Fixed Penalty Roadside Deposit Notice and may only be dealt with through the Fixed Penalty System by Roads Policing and other authorised officers as only they are issued with these notices. Processing a graduated offence will not involve the taking of a roadside deposit unless the recipient does not have a satisfactory UK address.

3.10.2. A list of Graduated offences is available at :
Graduated Offence Codes (link only available internally).

3.10.3. The process for dealing with a graduated offence is as shown on the following flow charts:

• Graduated FPN - Police Officer Action
• Graduated FPN - Driver Diversion Team Action
• Graduated FPN - Traffic Case Review and Traffic Summons Team Action

4. Equality Impact Assessment

4.1. An equality impact assessment shows the proposals in this procedure would have no potential or actual differential impact on grounds of race, ethnicity, gender, transgender, disability, religion or belief or sexual orientation.

5. Risk Assessment

5.1. This SOP has been assessed as low risk.

6. Consultation

• Head of Roads Policing
• Patrol Officers
• Finance
• Human Resources
• Health and Safety
• Legal
• Freedom of Information
• Estates

7. Monitoring and Review

7.1. This procedure will be reviewed every two years with the next review scheduled for September 2025.

8. Other Source Documents

• Section 11 and 12 of the Road Safety Act 2006

9. Security

9.1. Kent Police have measures in place to protect the security of your data in accordance with our Information Management Policy (Policy W1000 – Information Management).

10. Retention and Disposal of Records

10.1. Kent Police will hold data in accordance with our Records Review, Retention and Disposal Policy (Policy W1012 – Records Review, Retention and Disposal)