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Just been watching a documentary about the Port of Dover.

Police stopped an HGV driver for using a mobile phone as he was driving down the ramp off a ferry. They took a £200 penalty from him there and then (by card), His card failed and they actually clamped his vehicle (to concentrate his mind) before securing payment via a different card.

The police procedure seemed very odd – they appeared to give the driver no choice but to pay, but of course that may have been edited out. But the mobile phone legislation only applies on a road. Any views on whether the ferry ramp is a road?

Presumably the Port of Dover would have its own bylaws.

Look at the law idealistically, on the spot fines and any other extra-judicial punishment is a clear breach of the right to a fair trial guaranteed by Article 6 of the ECHR. However, as the rest of Europe are far worse than we are for such practices, good luck trying to find a judge that would uphold such rights.

Yes it was. And that was the officer's justification for taking the £200 there and then. There was no indication given to him that he could challenge the allegation or what the process would be if he did.

As I said, this may have been edited out. But I'm not so sure that it was because when the driver's initial attempt to pay failed, they directed him to a customs shed (or whatever it was) and actually clamped his vehicle. They warned him that it would remain clamped until the penalty was paid.

I'm not at all sure they have the power to do this. I've looked at Dover Harbour's bylaws and there seems to be nothing about road traffic offences at all. Unsurprisingly they are all to do with boats and navigation and the like. In any case, I doubt that bylaws would give them he right to demand payment and not offer the driver the opportunity to have a court hearing.

Strangely, when I first saw this it was the matter of whether the ramp is a road or not. But on reflection, I think a far more important aspect is the demand by the police for payment of a fixed penalty.

Watching this series of Port of Dover is tending to show, disappointingly, their police officers' actions as rather amateurish as the port is very well run otherwise. Surprising to learn that the seafront and promenade are within the harbour property.

However,the truck in question was clamped as the driver had to leave it to make arrangements for payment of the £200 deposit required.  This is normal police and DVSA practice with foreign goods vehicles if the driver cannot pay immediately or is required to appear in court..

It's been so for a couple of years that the UK police and DVSA have the right to issue on-the-spot fines for road traffic offences on non-UK registered vehicles and drivers. They don't mess these days, a large clamp round the vehicle ensures the fine is paid. The same process is used for breach of drivers hours regulations, clamped until the driver has had statutory rest, very often 45 hours.

There's probably something in the Dover bylaws that treats th harbour roads the same as public roads for certain ofences.

Having watched one of those "police chase" TV shows last night, there was one featuring Dover Docks Police. From their actions and what else was in the programme the docks roads are treated the same as national roads. It seems that all the roads between the A20 and the water's edge is owned by the Harbour Board to the far end of the Western Docks.