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The Road Safety (Financial Penalty Deposit) (Appropriate Amount) Order 2009

As Enacted Cited in Amendments 7 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2009/492
Year2009

2009 No. 492

Road Traffic

The Road Safety (Financial Penalty Deposit) (Appropriate Amount) Order 2009

Made 5th March 2009

Coming into force 31th March 2009

This Order is made in exercise of the powers conferred by section 90B(2) and 90E(3) of the Road Traffic Offenders Act 19881.

The Secretary of State has consulted such representative organisations as appear appropriate in accordance with section 90E(2) of that Act.

A draft of this instrument has been approved by each House of Parliament in accordance with section 90E(4) of that Act.

Accordingly, the Secretary of State makes the following Order:

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Road Safety (Financial Penalty Deposit) (Appropriate Amount) Order 2009 and shall come into force on 31st March 2009.

(2) In this Order—

“the AETR” means the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1 July 1970, as amended, as applied by article 2(3)of the EC Regulation2;

“the Community Recording Equipment Regulation” has the meaning given in section 97(7) of the Transport Act 19683;

“the EC Regulation” means the Community Drivers Hours Regulation as defined in section 103(1) of the Transport Act 19684;

“fixed penalty offence” means an offence listed in Schedule 1; and

“graduated fixed penalty offence” means an offence listed in Schedule 2.

S-2 The appropriate amount

The appropriate amount

2.—(1) Subject to paragraph (2), the appropriate amount of a financial penalty deposit shall be—

(a)

(a) in relation to a fixed penalty offence for which a person has been given a fixed penalty notice or handed a conditional offer, the amount indicated in relation to that offence in the third column of Schedule 1;

(b)

(b) in relation to a graduated fixed penalty offence for which a person has been given a fixed penalty notice or handed a conditional offer, the amount indicated in relation to that offence in Schedule 2, by reference to the circumstances of the offence, those being the nature of the contravention and, where specified, its seriousness; and

(c)

(c) in relation to an offence for which a person has been given notification that it appears likely that proceedings will be brought against him, £300.

(2) The appropriate amount shall not, in respect of any single occasion on which more than one financial penalty deposit requirement has been imposed, exceed £900.

Jim Fitzpatrick

Parliamentary Under Secretary of State

Department for Transport

5th March 2009

SCHEDULE 1

Article 2(1)(a)

Deposits for Fixed Penalty Offences

1 Primary legislation

PART 1

Primary legislation

Transport Act 1968

(1)Provision creating offence

(2)General nature of offence

(3)Deposit

1. Section 98(4)5

Contravention of regulations made under section 98 or any requirement as to books, records or documents of applicable Community rules

£200

2. Section 99(4)6

Failing to comply with requirements relating to inspection of records or obstructing an officer

£200

3. Section 99ZD(1) 7

Failing to comply with requirements relating to inspection of recording equipment or records (whether electronic or hard copy) made by or stored on recording equipment

£200

4. Section 99C8

Failure to comply with prohibition or direction in relation to driving vehicle.

£200

Road Traffic (Foreign Vehicles) Act 19729

(1)Provision creating offence

(2)General nature of offence

(3)Deposit

1. Section 3(1)

Driving a foreign goods or foreign public service vehicle in contravention of a prohibition, etc.

£200

Public Passenger Vehicles Act 198110

(1)Provision creating offence

(2)General nature of offence

(3)Deposit

1. Section 12(5)

Using public service vehicle except under PSV operators’ licence

£200

Road Traffic Regulation Act 198411

(1)Provision creating offence

(2)General nature of offence

(3)Deposit

1. Section 5(1)

Using a vehicle in contravention of a traffic regulation order outside Greater London

£30

2. Section 8(1)

Breach of traffic regulation order in Greater London

£30

3. Section 11(1)

Breach of experimental traffic order

£30

4. Section 16(1)

Using a vehicle in contravention of temporary prohibition or restriction of traffic in case of execution of works, etc.

£30, but £60 if committed in respect of a speed restriction

5. Section 17(4)

Wrongful use of special road

£30, but £60 if committed otherwise than by unlawfully stopping or allowing the vehicle to remain at rest on a part of a special road on which vehicles are in certain circumstances permitted to remain at rest

6. Section 18(3)

Using a vehicle in contravention of provision for one-way traffic on trunk road

£30

7. Section 20(5)

Driving a vehicle in contravention of order prohibiting or restricting driving vehicles on certain classes of roads

£30

8. Section 25(5)

Breach of pedestrian crossing regulations

£60

9. Section 88(7)

Contravention of minimum speed limit

£30

10. Section 89(1)

Exceeding speed limit

£60

Road Traffic Act 198812

(1)Provision creating offence

(2)General nature of offence

(3)Deposit

1. Section 14(3)

Breach of regulations requiring wearing of seat belts

£30

2. Section 15(2)13

Driving motor vehicle with child not wearing seat belt or with child in a rear-facing child restraint front seat with an active air bag

£30

3. Section 15(4)14

Driving motor vehicle with child in rear not wearing seat belt

£30

4. Section 16(4)

Driving or riding motor cycles in contravention of regulations requiring wearing of protective headgear

£30

5. Section 18(3)

Contravention of regulations with respect to use of head-worn appliances (eye protectors) on motor cycles

£30

6. Section 19(1)

Prohibition of parking of heavy commercial vehicles on verges, etc.

£30

7. Section 2215

Leaving vehicle in dangerous position

£60

8. Section 34(1)16

Driving mechanically propelled vehicles elsewhere than on roads

£30

9. Section 35(1)17

Failing to comply with traffic directions given by constable or traffic officer engaged in the regulation of traffic in a road

£30, but £60 if committed in respect of a motor vehicle by failure to comply with a direction of a constable, traffic officer or traffic warden

10. Section 35(2)18

Failing to comply with traffic directions given by constable or traffic officer where a traffic survey is being carried out

£60

11. Section 36(1)

Failing to comply with traffic signs

£30, but £60 if committed by failure to comply with an indication given by a sign specified in regulation 10(2) of the Traffic Signs Regulations and General Directions 200219

12. Section 40A20

Using a vehicle in dangerous condition etc.

£60

13. Section 41D21

Breach of requirements as to control of vehicle, mobile telephone, etc.

£60

14. Section 47(1)

Using etc., vehicle without required test certificate being in force

£60

15. Section 71(1)22

Driving, etc., vehicle in contravention of prohibition on driving it as being unfit for service, or failing to comply with direction to remove a vehicle found overloaded

£200

16. Section 87(1)23

Driving otherwise than in accordance with a licence

£30, but £60 in the case where the driving would not have been in accordance with any licence that could have been granted to the driver

17. Section 143(2)

Using, etc., motor vehicle while uninsured or unsecured against third party risks

£200

18.Section 163(3)24, insofar as it relates to section 163(1)

Failing to stop mechanically propelled vehicle when required

£30

Road Traffic Offenders Act 1988

(1)Provision creating offence

(2)General nature of offence

(3)Deposit

1. Section 90D(6)25

Driving a vehicle in contravention of a prohibition on driving, etc., on failure to make a financial penalty deposit payment

£200

Vehicles Excise and Registration Act 199426

(1)Provision creating offence

(2)General nature of offence

(3)Deposit

1. Section 42(1)

Driving or keeping a vehicle without required registration mark

£30

2. Section 43(1)

Driving or keeping a vehicle with registration mark obscured etc.

£30

Goods Vehicles (Licensing of Operators) Act 199527

(1)Provision creating offence

(2)General nature of offence

(3)Deposit

1. Section 2(5)

Using goods vehicle on road for carriage of goods except under operator’s licence

£200
2 Secondary Legislation

PART 2

Secondary Legislation

The Road Transport (International Passenger Services) Regulations 198428

(1)Provision creating offence

(2)General nature of offence

(3)Deposit

1. Regulation 19(1)

Using vehicle for Community regulated carriage of passengers otherwise than in accordance with the Council Regulations or the Commission Regulation

£30

2. Regulation 19(2)

Using vehicle for ASOR regulated or Community regulated carriage by road without passenger waybill

£30

The Goods Vehicles (Community Authorisations) Regulations 199229

(1)Provision creating offence

(2)General nature of offence

(3)Deposit

1. Regulation 3

Use of goods vehicle without Community authorisation

£60

2. Regulation 7

Failure to comply with conditions governing use of Community authorisation

£30

The Public Service Vehicles (Community Licences) Regulations 199930

(1)Provision creating offence

(2)General nature of offence

(3)Deposit

1. Regulation 3

Use of public service vehicles without Community licence

£60

2. Regulation 7

Failure to comply with conditions governing use of Community licence

£30

The Road Transport (Passenger Vehicles Cabotage) Regulations 199931

(1)Provision creating offence

(2)General nature of offence

(3)Deposit

1. Regulation 3(1)

Use of vehicle for UK cabotage operations without Community licence

£60

2. Regulation 4(1)

Use of vehicle for UK cabotage operations without control document

£60

3. Regulation 7(1)

Failure to produce Community licence when requested

£30

4. Regulation 7(3)

Failure to produce control document when requested

£30

The Vehicle Drivers (Certificate of Professional Competence) Regulations 200732

(1)Provision creating offence

(2)General nature of offence

(3)Deposit

1. Regulation 11(7)

Failing to...

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