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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8552
Experience:  I have been practising for 30 years.
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I have been found guilty of failing to comply with a

Customer Question

I have been found guilty of failing to comply with a provision of an order under the Road traffic regulation act 1984, namely section 117(1) The road traffic regulation act 1984 by illegally displaying a blue badge. I am employed by the council and have been suspended from work for fraud. Does this constitute a criminal offence or a traffic offence as I require a DBS check to work as a school business manager and think they will dismiss me.
Submitted: 24 days ago.
Category: Law
Expert:  F E Smith replied 24 days ago.

It is a criminal offence to use a blue badge if you are not the holder or it’s not being used in accordance with the terms of issue.

It can lead to a fine of up to £1000.

An employer can suspend you if you work for the local authority and you have done something or committed an offence which is likely to bring the employer into disrepute and they consider this to be gross misconduct which it can be.

It is the local authority which enforces the blue badge regulations and hence, any breach of the regulations by a local authority member of staff is likely to be dealt with as gross misconduct.

If they do consider it gross misconduct and decide to dismiss you, and unfortunately, it is something that you are going to have to disclose for the purposes of the job you are proposing to do. Having a criminal record of any type is not an automatic bar to getting any job but it does come down to the individual employer.

This offence involves dishonesty and whilst that may in itself not be a problem in so far as you may be working with children in a school, it is the dishonest element which is a problem for you.

If it was simply a parking fine or speeding fine or suchlike, and it would not need to be disclosed but I’m afraid this one.

I know it isn’t the answer you wanted but does it answer the question?

Can I clarify anything for you?

Please rate the service positive. The process by which experts get paid.

The thread remains open. We can still exchange emails.

Best wishes. FES.

Customer: replied 24 days ago.
You have just confirmed what I thought anyway. Do I still have to pay?

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