Driving convictions?

[GalaxyDog]

Curious question. Looking at a TOC looking to recruit for guards in multiple depots and they ask about the usual criminal convictions (think assault, battery, jailable offences et al) which - all good. Then they now specify about motoring convictions. For train drivers I could understand but for guards jobs, would two SP30 speeding fines really be an issue? Both were immediatly dealt with by post of £100 plus 3 pts, no actual court and no further action. Thanks

 

[AG78UK]

Best to be open and honest during the questions, it will turn out worse if you say nothing and they later find out about them. Always be honest!

 

[greatkingrat]

A Fixed Penalty Notice is not a conviction. What exactly does the question say?

 

[Juliet Barvo]

They will do a driving license check on their employees which will show Points, if they are on there.

 

[GalaxyDog]

Best to be open and honest during the questions, it will turn out worse if you say nothing and they later find out about them. Always be honest!

Thanks for that. Two unlucky SP30s, dealt wth promptly as said by post and online paying the fine and licence endorsements.

A Fixed Penalty Notice is not a conviction. What exactly does the question say?

"Do you have any unspent criminal or motoring convictions?" - I'm under the impression that speeding tickets even if dealt with by website (to make payment) and post (endorsement) that carry points count as a conviction in this case?

They will do a driving license check on their employees which will show Points, if they are on there.

Yes, there are points involved.

 

[DMckduck]

I was under the illusion that you would have to be summoned to or attend court to be convicted for a driving offence. I read it as a conviction like death by dangerous driving, drink driving etc...

 

[tiptoptaff]

Speeding Points aren't "unspent" convictions.

You only need to declare speeding points if they specifically ask you to, or if you had your licence revoked.

It'll be aimed at drink/drug driving, dangerous driving, using a mobile etc.

 

[RossMc]

It's only a conviction if you are "convicted" at court. Paying a conditional offer of fixed penalty for speeding is NOT a conviction.

 

[Ducatist4]

Questions like this are as much a test of your honesty as they are for determining your suitability for the job.

I've just done a quick Goole and there are many many solicitors web sites that say that a fixed penalty is a motoring conviction (but not necessarily a criminal conviction). You could choose not to accept the fixed penalty and go to court. You don't avoid being convicted by accepting the fixed penalty.

 

[GalaxyDog]

I was under the illusion that you would have to be summoned to or attend court to be convicted for a driving offence. I read it as a conviction like death by dangerous driving, drink driving etc...

This is what I thought, whereas the two SP30s were dealt with as FPNs and all done via post, no court action. Anything like you've listed or a hit and run etc would be 'serious' convictions worth noting, but speeidng fines [both grade A, lowest each time like 34 /30] ?

Speeding Points aren't "unspent" convictions.

You only need to declare speeding points if they specifically ask you to, or if you had your licence revoked.

It'll be aimed at drink/drug driving, dangerous driving, using a mobile etc.

None of those are involved. Also no licence revoked.

It's only a conviction if you are "convicted" at court. Paying a conditional offer of fixed penalty for speeding is NOT a conviction.

No court involved, appealed the second to the police but not allowed, so both times in the end responsibility accepted, paid the fines online and sent the return forms with details on to be samped and then returned back to driver with licence endorsed on 'the system' - no court, no furher aaction.

Questions like this are as much a test of your honesty as they are for determining your suitability for the job.

I've just done a quick Goole and there are many many solicitors web sites that say that a fixed penalty is a motoring conviction (but not necessarily a criminal conviction). You could choose not to accept the fixed penalty and go to court. You don't avoid being convicted by accepting the fixed penalty.

Hadn't thought about it as a honesty test - a very important element of traincrew given the cash handling and incident reporting responsibility conductors, guards, TMs all have. TOC in question does state 'motoring convictions' hence the query, thank you for answering.

 

[RossMc]

Google is your friend. A FPN is NOT a conviction. The only place it's recorded is your licence, and after 4 years will drop off. If you are disclosing points on your licence then leave at that. If they are only asking for convictions, the answer is no.

 

[GalaxyDog]

Okay, so I have gone back to the WIP application. It asks;

Do you have any unspent criminal or motoring convictions?

In England and Wales, convictions with a sentence of 4 years or less will become 'spent' after a certain period of time. Please use the link below to check whether any conviction is considered as spent.


https://www.gov.uk/exoffenders-and-employment

In Scotland, convictions with a sentence of less than 2 and a half years will become 'spent' after a certain period of time. Please use the link below to check whether any conviction is considered as spent.

https://www2.gov.scot/Topics/Justice/policies/reducing-reoffending/offender-rehabilitation

When I look into the gov.uk site as directed, it leads to this:

Check if you need to tell someone about your criminal record

When to tell a potential employer, university, college or insurance company about a criminal record, when it becomes 'spent' and what shows up on a DBS check.

www.gov.uk

Driving convictions​

A court might give you a conviction for a driving offence, for example speeding or drink driving.
The conviction could be:

• a fine
• a driving ban (‘disqualification’)
• community service or a prison sentence

Fixed penalty notices (FPN) and penalty charge notices (PCN) are fines for minor driving offences. They will not appear on your criminal record unless a court gives you a conviction because of one.
Whether a driving conviction is ‘spent’ affects what information you need to give a potential employer, university or college.

‘Endorsements’ (penalty points)​

A court will give a driving ban or fine with penalty points that appear on your driving record. This is known as an ‘endorsement’.
An endorsement can stay on your driving record for longer than your criminal record.
This means a potential employer, university or college might find out about a driving ban or fine after it’s spent, if they request to check your driving record.

When a fine with an endorsement becomes spent​

The fine becomes spent either:

• 5 years after you got it, if you were 18 or over
• 2 years and 6 months after you got it, if you were under 18

 

[RossMc]

Yes a COURT! You haven't been to court. Stop panicking. It's NOT a conviction.

 

[GalaxyDog]

Yes a COURT! You haven't been to court. Stop panicking. It's NOT a conviction.

Why do they differentiate between the guy who just rolls his eyes, accepts it, pays the fine online and takes the 3pt endorsement via sending the form off and getting it returned, vs the guy who takes it to court but gets the same result? Curious now.

 

[RossMc]

Why do they differentiate between the guy who just rolls his eyes, accepts it, pays the fine online and takes the 3pt endorsement via sending the form off and getting it returned, vs the guy who takes it to court but gets the same result? Curious now.

I'm not sure what you mean, but the bottom line is the guy who has taken it to court has been convicted, whilst the guy who pays the FPN hasn't been.

The conviction will remain on a criminal record for ever more. The FPN will be endorsed on your licence and will drop off after 4 years.