The first thing is to understand that while the offence relates to the driver and the fixed penalty is the responsibility of the driver, such offences raises questions over compliance of the operator. Do they have effective and continuous management systems in place? A full investigation should be conducted.
Drivers must be instructed as part of their conditions of employment to notify the operator immediately in the event of such an occurrence. A driver has 28 days in which to make the decision to pay/not pay the fixed penalty. They should only do this after consulting with the operator and, if necessary, after getting expert help.
If the driver accepts the fixed penalty, this must be reported to the Traffic Commissioner’s office in accordance with the Operator Licence requirements.