The Fixed Penalty Offences Order 2009

This Order may be cited as the Fixed Penalty Offences Order 2009 and shall come into force on 31st March 2009.

The following offences are fixed penalty offences for the purposes of Part 3 of the Road Traffic Offenders Act 1988—

In consequence of the provisions of articles 2 and 3, Schedule 3 to the Road Traffic Offenders Act 1988^f1 is amended in accordance with the Schedule.

Before the entry relating to the Greater London Council (General Powers) Act 1974, insert the following—

“Offences under the Transport Act 1968 (c.73)

Section 96(11) of the Transport Act 1968	Contravention of any requirement of domestic drivers’ hours code
Section 96(11A) of that Act	Contravention of any requirement of applicable Community rules as to periods of driving, etc.
Section 97(1) of that Act	Using vehicle in contravention of requirements relating to installation, use or repair of recording equipment in accordance with Community Recording Equipment Regulation
Section 98(4) of that Act	Contravention of regulations made under section 98 or any requirement as to books, records or documents of applicable Community rules
Section 99(4) of that Act	Failing to comply with requirements relating to inspection of records or obstructing an officer, but only insofar as the offence relates to:— (i) failing to comply with any requirement under section 99(1)(a); or (ii) obstructing an officer in exercise of powers under 99(2)(a) or 99(3).
Section 99ZD(1) of that Act	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 except where that offence is committed by:— (i) failing to sign a hard copy of downloaded data when required to do so under section 99ZC(1); or (ii) obstructing an officer in exercise of powers under section 99ZF.
Section 99C of that Act	Failure to comply with prohibition or direction in relation to driving vehicle.

Offence under the Road Traffic (Foreign Vehicles) Act 1972 (c.27)

Section 3(1) of the Road Traffic (Foreign Vehicles) Act 1972

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

”

After the entry relating to the Highways Act 1980, insert the following—

“Offence under the Public Passenger Vehicles Act 1981 (c.14)

Section 12(5) of the Public Passenger Vehicles Act 1981

Using public service vehicle on road except under PSV operators’ licence.

”

After the last entry relating to the Road Traffic Regulation Act 1984, insert the following—

“Offences under the Road Transport (International Passenger Services) Regulations 1984 (S.I. 1984/748)

Regulation 19(1) of the Road Transport (International Passenger Services) Regulations 1984	Using vehicle for Community regulated carriage of passengers by road otherwise than in accordance with authorisation or certificate, etc.
Regulation 19(2) of those Regulations	Using vehicle for ASOR regulated or Community regulated carriage of passengers by road without having correctly completed passenger waybill or without carrying top copy of waybill on vehicle throughout journey.

”

After the entry relating to section 47 of the Road Traffic Act 1988, insert the following—

“

RTA section 71(1)

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

”

After the last entry relating to the Road Traffic Act 1988, insert the following—

“Offence under this Act

Section 90D(6)

Driving, etc., vehicle in contravention of prohibition on driving, or failing to comply with direction to remove vehicle on failure to make a financial penalty deposit payment.

Offences under the Goods Vehicles (Community Authorisations) Regulations 1992 (S.I. 1992/3077)

Regulation 3 of the Goods Vehicles (Community Authorisations) Regulations 1992	Using goods vehicle without Community authorisation.
Regulation 7 of those Regulations	Using vehicle under Community authorisation in contravention of conditions governing authorisation.

”

After the entry relating to section 33 of the Vehicle Excise and Registration Act 1994, insert the following—

“

Section 34 of that Act

Using trade licence for unauthorised purposes or in unauthorised circumstances, etc.

”

After the last entry relating to the Vehicle Excise and Registration Act 1994, insert the following—

“Offence under the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)

Section 2(5) of the Goods Vehicles (Licensing of Operators) Act 1995

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

Offences under the Public Service Vehicles (Community Licences) Regulations 1999 (S.I. 1999/1322)

Regulation 3 of the Public Service Vehicles (Community Licences) Regulations 1999	Using public service vehicle on road without Community licence.
Regulation 7 of those Regulations	Using public service vehicle under Community licence in contravention of conditions governing use of licence.

Offences under the Road Transport (Passenger Vehicles Cabotage) Regulations 1999 (S.I. 1999/3413)

Regulation 3 of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999	Using vehicle on road for UK cabotage operations without Community licence.
Regulation 4 of those Regulations	Using vehicle on road for UK cabotage operations without control document.
Regulation 7(1) of those Regulations	Driver failing to produce Community licence on request when vehicle required to have licence on board.
Regulation 7(3) of those Regulations	Driver failing to produce control document on request when vehicle required to have control document on board.

Offence under the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007(S.I. 2007/605)

Regulation 11(7) of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007

Driver of relevant vehicle failing to produce on request evidence or document required to be carried under regulation 11(1), (3) or (5).

”

(This note is not part of the Order)