The Courses Offered as an Alternative to Prosecution (Specified Fixed Penalty Offences) (Traffic) Regulations 2025
These regulations establish a system in England and Wales for offering approved courses as an alternative to prosecution for specified fixed penalty traffic offenses.
The regulations define eligible offenses, specify approving bodies (initially including police forces and UKROEd Limited, with police forces losing that power after two years), detail fee allocation percentages among policing bodies, course providers, and UKROEd, and prohibit offering courses to repeat offenders within three years of a prior offense.
The regulations come into effect on March 31, 2025.
Arguments For
Improved Efficiency and Reduced Court Burden: Offering alternative courses reduces the burden on the court system by diverting minor traffic offences from prosecution. This frees up judicial resources for more serious cases.
Increased Driver Education and Rehabilitation: Courses provide drivers with educational opportunities to improve their driving behavior and reduce future offences. Successful completion demonstrates a commitment to responsible driving, leading to fewer re-offenses.
Cost-Effectiveness: While fees are involved, the cost of running a course is often lower than the cost of prosecution. This offers potential long-term savings for taxpayers.
Fairer Justice System: Offering an alternative for minor offences is aligned with principles of restorative justice, prioritizing rehabilitation over strict punishment. This could lead to a more equitable and less punitive approach to traffic law enforcement.
Legal Precedent and Statute: The regulations adhere to established laws and guidance. The framework references the Road Traffic Offenders Act 1988 and utilizes existing legal authorities. They are created under the powers granted by sections 90G(3) and (6) and 90H of that act.
Arguments Against
Potential for Inequity: The system might disproportionately affect individuals with limited financial resources, as the cost of courses could present a barrier to accessing the alternative to prosecution.
Implementation Challenges: Effective implementation relies on sufficient resources to administer the course system and track individuals' participation and progress. This needs close monitoring to ensure quality and fairness.
Limited Scope: The regulations only address specified fixed penalty offenses. It may not cover broader behaviors impacting road safety, potentially leaving significant issues unaddressed.
Unintended Consequences: The allocation of fees influences the incentives of participating organizations, and the long-term effect of the fee split on course quality and availability requires careful evaluation.
Oversight and Accountability: Ensuring appropriate oversight and accountability related to course providers and standards may need consistent monitoring and enforcement efforts to ensure quality and consistency amongst course providers.
- Citation, commencement and extent (1) These Regulations may be cited as the Courses Offered as an Alternative to Prosecution (Specified Fixed Penalty Offences) (Traffic) Regulations 2025. (2) These Regulations come into force on 31st March 2025. (3) These Regulations extend to England and Wales.
This section provides the official title and citation of the regulations, stating their effective date as March 31, 2025.
It also confirms the regulations' geographic scope to England and Wales.
- Interpretation In these Regulations— “the Act” means the Road Traffic Offenders Act 1988; “UKROEd” means UKROEd Limited.
This section defines key terms used throughout the regulations. 'The Act' refers to and clarifies that the Road Traffic Offenders Act 1988 is referred to as 'The Act', and 'UKROEd' refers to the limited company, UKROEd Limited.
- Specified fixed penalty offences The specified fixed penalty offences for the purposes of section 90G of the Act are the fixed penalty offences for the purposes of Part III of the Act.
This section specifies that the offenses eligible for alternative courses are those defined as fixed penalty offenses under Part III of the Road Traffic Offenders Act 1988.
- Specified bodies (1) Subject to paragraph (2), the specified bodies for the purposes of section 90G of the Act are— (a) a chief officer of police of a police force in England and Wales; (b) the Chief Constable of the British Transport Police Force, and (c) UKROEd. (2) The bodies in paragraph (1)(a) and (b) cease to be specified bodies at the end of the period of two years beginning on the day on which these Regulations come into force.
This section identifies the bodies authorized to approve courses.
Initially, chief police officers in England and Wales, the British Transport Police Chief Constable, and UKROEd can approve courses.
However, two years after implementation, only UKROEd Limited will retain this power.
- Fees – courses approved UKROEd (1) This regulation applies where a policing body charges a fee for enrolment on a course approved by UKROEd under section 90G of the Act. (2) 52% of the fee is to be retained by the policing body. (3) 42% of the fee is to be paid to the course provider. (4) 6% of the fee is to be paid to UKROEd.
This section outlines the fee allocation for courses approved by UKROEd.
The policing body retains 52%, the course provider receives 42%, and UKROEd receives 6% of the fee.
- Fees – other cases (1) This regulation applies where a policing body charges a fee for enrolment on a course approved by a body other than UKROEd under section 90G of the Act. (2) The policing body is to retain the fee.
This section details the fee allocation when courses are approved by bodies other than UKROEd.
In this scenario, 100% of the fee is retained by the policing body.
- Repeat offences (1) A chief officer must not offer an approved course to a person as an alternative to prosecution for a specified fixed penalty offence where— (a) there is a course fee, and (b) the person has, within the period specified in paragraph (2), satisfactorily completed a similar approved course in respect of an earlier specified fixed penalty offence. (2) The specified period is the period of three years ending with the date on which the specified fixed penalty offence was committed. (3) The chief officer may determine what courses count as similar for the purposes of this regulation. (4) In determining what courses count as similar the chief officer must have regard to relevant guidance published by the National Police Chiefs' Council.
This section establishes restrictions for repeat offenders.
Individuals who have successfully completed a similar course within three years of the current offense are ineligible for another course, unless there is no course fee.
Chief officers are responsible for deciding what courses are considered 'similar,' and must consider guidance from the National Police Chiefs' Council.
Explanatory Note (This note is not part of the Regulations) These Regulations make provision for the purposes of Part 3B of the Road Traffic Offenders Act 1988 (“the Act”), which deals with courses offered as an alternative to prosecution for specified fixed penalty traffic offences. Regulation 3 provides that the fixed penalty offences for the purposes of Part III of the Act are the offences in relation to which a course may be offered as an alternative to prosecution. Regulation 4 provides that UKROEd Limited will be the body to approve such courses, but that for a period of two years after the coming into force date of these Regulations, a chief officer of police or of the British Transport Police may approve them. Regulation 5 sets out how fees are to be allocated for courses approved by UKROEd and Regulation 6 sets out how fees are to be allocated where a chief officer approved the course. Regulation 7 provides that a person may not be offered a course as an alternative to prosecution if they have already completed a similar course in the three years prior to their most recent fixed penalty offence. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
The explanatory note summarizes the regulations' purpose and key provisions, highlighting the connection to existing legislation and providing context for each regulation.
It also notes that a full impact assessment wasn't deemed necessary due to the lack of anticipated effects on the public, private or voluntary sectors.