LegalizeThe Road Safety (Financial Penalty Deposit) (Appropriate Amount) Order 2009
Made: 5th March 2009
Coming into force: 31st March 2009
Accordingly, the Secretary of State makes the following Order:
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 Regulation[^f00002];
- ...
- “the EC Regulation” means the Community Drivers Hours Regulation as defined in section 103(1) of the Transport Act 1968[^f00004];
- “the EU Tachographs Regulation” has the meaning given in section 97(7) of the Transport Act 1968;
- “fixed penalty offence” means an offence listed in Schedule 1; and
- “graduated fixed penalty offence” means an offence listed in Schedule 2.
- “parking offence” means—in relation to table 4 in Part 1 of Schedule 1, an offence under the Road Traffic Regulation Act 1984[^f00003], which does not involve obligatory endorsement and which is committed in respect of a stationary vehicle; orin relation to table 6 in Schedule 2, an offence under section 42 of the Road Traffic Act 1988[^f00004] consisting in the causing of an unnecessary obstruction of a road in breach of regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986;
- “red route” means a length of road affected by either or both of the following traffic signs, namely—a traffic sign lawfully placed on the road, being a traffic sign which bears the words “Red Route”, with or without any other word or any sign or other indication; anda traffic sign consisting of a red line or mark lawfully placed on the road; and
- “traffic sign” means a traffic sign for the purposes of section 64(1) of the Road Traffic Regulation Act 1984 which conveys any restriction or prohibition under an order made under that Act.
The appropriate amount
2
- (1) Subject to paragraph (2), the appropriate amount of a financial penalty deposit shall be—
- (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) 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) in relation to an offence for which a person has been given notification that it appears likely that proceedings will be brought against him, £500.
- (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 £1500.
SCHEDULE 1 — Deposits for Fixed Penalty Offences
PART 1 — Primary legislation
| (1)Provision creating offence | (2)General nature of offence | (3)Deposit |
|---|---|---|
| 1. Section 98(4)[^f00005] | Contravention of regulations made under section 98 or any requirement as to books, records or documents of applicable Community rules | £300 |
| 2. Section 99(4)[^f00006] | Failing to comply with requirements relating to inspection of records or obstructing an officer | £300 |
| 3. Section 99ZD(1) [^f00007] | 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 | £300 |
| 4. Section 99C[^f00008] | Failure to comply with prohibition or direction in relation to driving vehicle. | £300 |
| (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. | £300 |
| (1)Provision creating offence | (2)General nature of offence | (3)Deposit |
| --- | --- | --- |
| 1. Section 12(5) | Using public service vehicle except under PSV operators’ licence | £300 |
| (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 | £50, but £30 in the case of a parking offence |
| 2. Section 8(1) | Breach of traffic regulation order in Greater London | £50, but £60 in the case of a parking offence committed on a red route and £40 in the case of any other parking offence |
| 3. Section 11(1) | Breach of experimental traffic order | £50, but £60 in the case of a parking offence committed in Greater London on a red route, £40 in the case of any other parking offence committed in Greater London and £30 in the case of any other parking offence |
| 4. Section 16(1) | Using a vehicle in contravention of temporary prohibition or restriction of traffic in case of execution of works, etc. | £50, but £100 if committed in respect of a speed restriction, £60 in the case of a parking offence committed in Greater London on a red route, £40 in the case of any other parking offence committed in Greater London and £30 in the case of any other parking offence |
| 5. Section 17(4) | Wrongful use of special road | £100, but £40 in the case of a parking offence committed in Greater London and £30 in the case of any other parking offence |
| 6. Section 18(3) | Using a vehicle in contravention of provision for one-way traffic on trunk road | £50 |
| 7. Section 20(5) | Driving a vehicle in contravention of order prohibiting or restricting driving vehicles on certain classes of roads | £50 |
| 8. Section 25(5) | Breach of pedestrian crossing regulations | £100 |
| 9. Section 88(7) | Contravention of minimum speed limit | £50 |
| 10. Section 89(1) | Exceeding speed limit | £100 |
| (1)Provision creating offence | (2)General nature of offence | (3)Deposit |
| --- | --- | --- |
| A1. Section 3 | Driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or other place | £100 |
| 1. Section 14(3) | Breach of regulations requiring wearing of seat belts | £100 |
| 2. Section 15(2)[^f00013] | 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 | £100 |
| 3. Section 15(4)[^f00014] | Driving motor vehicle with child in rear not wearing seat belt | £100 |
| 4. Section 16(4) | Driving or riding motor cycles in contravention of regulations requiring wearing of protective headgear | £50 |
| 5. Section 18(3) | Contravention of regulations with respect to use of head-worn appliances (eye protectors) on motor cycles | £50 |
| 6. Section 19(1) | Prohibition of parking of heavy commercial vehicles on verges, etc. | £30 |
| 7. Section 22[^f00015] | Leaving vehicle in dangerous position | £100 |
| 8. Section 34(1)[^f00016] | Driving mechanically propelled vehicles elsewhere than on roads | £50 |
| 9. Section 35(1)[^f00017] | Failing to comply with traffic directions given by constable or traffic officer engaged in the regulation of traffic in a road | £50, but £100 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)[^f00018] | Failing to comply with traffic directions given by constable or traffic officer where a traffic survey is being carried out | £100 |
| 11. Section 36(1) | Failing to comply with traffic signs | £50, but £100 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 2002[^f00019] |
| 12. Section 40A[^f00020] | Using a vehicle in dangerous condition etc. | £100 |
| 13. Section 41D[^f00021] | Breach of requirements as to control of vehicle, mobile telephone, etc. | £100 |
| 14. Section 47(1) | Using etc., vehicle without required test certificate being in force | £100 |
| 15. Section 71(1)[^f00022] | 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 | £300 |
| 16. Section 87(1)[^f00023] | Driving otherwise than in accordance with a licence | £50, but £100 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 | £300 |
| 18.Section 163(3)[^f00024], insofar as it relates to section 163(1) | Failing to stop mechanically propelled vehicle when required | £50 |
| (1)Provision creating offence | (2)General nature of offence | (3)Deposit |
| --- | --- | --- |
| 1. Section 90D(6)[^f00025] | Driving a vehicle in contravention of a prohibition on driving, etc., on failure to make a financial penalty deposit payment | £300 |
| (1)Provision creating offence | (2)General nature of offence | (3)Deposit |
| --- | --- | --- |
| 1. Section 42(1) | Driving or keeping a vehicle without required registration mark | £100 |
| 2. Section 43(1) | Driving or keeping a vehicle with registration mark obscured etc. | £100 |
| 3. Section 59(1) | Failure to fix prescribed registration mark to a vehicle in accordance with regulations made under section 23(4) of the Act | £100 |
| (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 | £300 |
PART 2 — Secondary Legislation
| (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 | £50 |
| 2. Regulation 19(2) | Using vehicle for ASOR regulated or Community regulated carriage by road without passenger waybill | £50 |
| (1)Provision creating offence | (2)General nature of offence | (3)Deposit |
| --- | --- | --- |
| 1. Regulation 3 | Use of goods vehicle without Community authorisation | £100 |
| 2. Regulation 7 | Failure to comply with conditions governing use of Community authorisation | £50 |
| (1)Provision creating offence | (2)General nature of offence | (3)Deposit |
| --- | --- | --- |
| 1. Regulation 3 | Use of public service vehicles without Community licence | £100 |
| 2. Regulation 7 | Failure to comply with conditions governing use of Community licence | £50 |
| (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 | £100 |
| 2. Regulation 4(1) | Use of vehicle for UK cabotage operations without control document | £100 |
| 3. Regulation 7(1) | Failure to produce Community licence when requested | £50 |
| 4. Regulation 7(3) | Failure to produce control document when requested | £50 |
| (1)Provision creating offence | (2)General nature of offence | (3)Deposit |
| --- | --- | --- |
| 1. Regulation 11(7) | Failing to produce evidence of relevant CPC or National Vocational Training Certificate when required | £50 |
SCHEDULE 2 — Deposits for Graduated Fixed Penalty Offences
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