The Fixed Penalty (Procedure) (Vehicle Examiners) Regulations 2009

Made: 5th March 2009

Laid before Parliament: 9th March 2009

Coming into force: 1st April 2009

Accordingly, the Secretary of State makes the following Regulations:

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Fixed Penalty (Procedure) (Vehicle Examiners) Regulations 2009 and shall come into force on 1st April 2009.

• (2) These Regulations do not extend to Scotland.

Interpretation

2

In these Regulations, “the Act” means the Road Traffic Offenders Act 1988.

Application

3

These Regulations apply in cases where a fixed penalty notice is given by a vehicle examiner in accordance with section 54 (notices on-the-spot etc) of the Act.

Documents or information to be provided

4

The documents described in column 1 of the Schedule to these Regulations (as referred to in the provisions of the Act specified in column 2 of the Schedule) shall contain the information, or, as the case may be, further information prescribed in column 3 of the Schedule.

Remittance

5

If payment of the fixed penalty is made by a person otherwise than as required by the fixed penalty notice, the Secretary of State shall return the remittance to that person.

Return of driving licence (if so held)

6

Where—

• (a) the person to whom the fixed penalty notice was given holds a driving licence;

• (b) the suspended enforcement period has expired;

• (c) the fixed penalty has not been paid; and

• (d) either that person has requested a hearing under section 55(2) or no registration certificate has been issued under section 70(2) of the Act;

Notification of registration of sum

7

Where, in a case involving an endorseable offence, any sum is registered under section 71 of the Act for enforcement against that person as a fine, the designated officer for the court where the sum is registered shall notify the Secretary of State that the sum has been registered.

Receipt for payment

8

Where a fixed penalty is paid within the suspended enforcement period the Secretary of State shall send a receipt for the payment, if requested, to the payer.

Licence receipts

9

For the purposes of section 56(3)(a) of the Act, there is prescribed a period of two months beginning with the same date of issue.

SCHEDULE — Information or further information to be provided in certain documents mentioned in Part 3 of the Act

Signed

Signed by authority of the Secretary of State for Transport

Jim Fitzpatrick — Parliamentary Under Secretary of State — Department for Transport — 5th March 2009

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations are made in consequence of the changes to the fixed penalty regime under Part 3 of the Road Traffic Offenders Act 1988 effected by section 5 of the Road Safety Act 2006, which permits vehicle examiners to issue fixed penalties for fixed penalty offences in respect of a vehicle.

Regulation 4,together with the Schedule, prescribes certain information or further information to be included in the fixed penalty notice, the receipt for a driving licence (if held), and the registration certificate in the case of non-payment of the fixed penalty.

Regulation 5relates to payments made by a person otherwise than as required by the fixed penalty notice.

Regulation 6provides for the return of driving licences (if so held) to the licence-holder if the period in which no enforcement proceedings can be brought (“the suspended enforcement period”) has expired, the fixed penalty has not been paid, and the recipient of the notice has either requested a hearing or the fixed penalty has not been registered under section 70(2) of the Road Traffic Offenders Act 1988 for enforcement.

Regulation 7 provides for notification of the Secretary of State by the court in cases in which sums are registered for enforcement. Regulations 8 and 9 deal with receipts for payment and licence receipts respectively.

No Impact Assessment has been prepared for this instrument as it has no significant impact on the cost of business and the voluntary sector.

Footnotes

[^f00001]: 1988 c.53. Relevant amendments to Part 3 of the 1988 Act (which makes provision in relation to fixed penalties) have been made by S.I. 1990/144, section 34 of, and paragraphs 102 - 108 of Schedule 4, and Schedule 8, to the Road Traffic Act 1991 (c.40), paragraph 25 of Schedule 3 to the Vehicle Excise and Registration Act 1994 (c. 22), paragraph 32 of Part 2 of Schedule 8 to the Police and Magistrates’ Courts Act 1994 (c. 29), paragraphs 5 and 6 of Schedule 2 to the Road Traffic (New Drivers) Act 1995 (c.13), paragraphs 140 and 150 – 153 of Schedule 13, and Tables 1 and 7 of Part 5 of Schedule 15, to the Access to Justice Act 1999 (c. 22), sections 76 and 108 of the Police Reform Act 2002 (c.30), sections 69 and 109 of, and Schedule 8 to, the Railways and Transport Safety Act 2003 (c.20), paragraphs 314 - 322, of Schedule 8 to the Courts Act 2003 (c.39), Part 14 of the Schedule to the Statute Law (Repeals) Act 2004 (c.14), section 16 of the Domestic Violence, Crime and Victims Act 2004 (c.28), and by sections 3, 5, 8 and 9 of, and by Schedule 1, paragraphs 2 to 32 of Schedule 2, and paragraphs 1 to 3 of Schedule 7 to, the Road Safety Act 2006 (c. 49).