# The Fixed Penalty (Procedure) (Amendment) Regulations 2009

S.I. 2009/494 · made 5 March 2009

These Regulations amend the Fixed Penalty (Procedure) Regulations 1986 (“the Principal Regulations”) to take account of the changes to the fixed penalty regime under Part 3 of the Road Traffic Offenders Act 1988 effected by the Road Safety Act 2006.

Made under: Road Traffic Offenders Act 1988 (Section 84, Section 88)

PDFs: Printed copy https://openlegislation.uk/fixed-penalty-procedure-amendment-regulations-2009/pdf/uksi_20090494_en.pdf; Explanatory Memorandum https://openlegislation.uk/fixed-penalty-procedure-amendment-regulations-2009/pdf/uksiem_20090494_en.pdf

## Introductory text

Criminal Law, England And Wales
Made 5th March 2009
Laid before Parliament 9th March 2009
Coming into force 1st April 2009
These Regulations are made in exercise of the powers conferred by sections 84 and 88(4) of the Road Traffic Offenders Act 1988.
The Secretary of State has consulted with such representative organisations as appear appropriate in accordance with section 88(2) of that Act.
Accordingly, the Secretary of State makes the following Regulations:

## 1 Citation, commencement and extent

(1) These Regulations may be cited as the Fixed Penalty (Procedure) (Amendment) Regulations 2009 and shall come into force on 1st April 2009.
(2) These Regulations do not extend to Scotland.

## 2 Interpretation

In these Regulations, “the Principal Regulations” mean the Fixed Penalty (Procedure) Regulations 1986.

## 3 Amendment of the Principal Regulations

(1) The Principal Regulations are amended as follows.
(2) After regulation 1(3), insert the following—
“(4) These Regulations shall not apply if the fixed penalty notice is given or affixed by a vehicle examiner in accordance with the Road Traffic Offenders Act 1988.”.
(3) In regulation 2(2), after “driving licence” insert “(if the offender holds a driving licence) or driving record (if the offender does not hold a driving licence)”.
(4) In regulation 3(2), after “driving licence” insert “(if held)”.
(5) In regulation 4(1), after “driving licence” insert “(if that person is a holder of a licence which has been surrendered or delivered)”.
(6) In regulation 6, after “notice was given” where it appears for the second time, insert “, if that person holds a driving licence”.
(7) In regulation 8, omit “to whom the driving licence was sent”.

## 4 Amendment of the Schedule to the Principal Regulations

The Schedule to the Principal Regulations is amended as follows—
(1) In column 3 of item 1 (fixed penalty notice), in the entry marked (viii), after “surrendered the licence” add “, if he holds such a licence”.
(2) In column 1 of items 2 and 3 (receipt for driving licence), after “driving licence” or “licence”, wherever either appears, add “if the offender holds a driving licence”.

## Signature

Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department of Transport
5th March 2009

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Fixed Penalty (Procedure) Regulations 1986 (“the Principal Regulations”) to take account of the changes to the fixed penalty regime under Part 3 of the Road Traffic Offenders Act 1988 effected by the Road Safety Act 2006.
Regulation 3 amends the Principal Regulations. The amendments:
exclude fixed penalty notices issued by vehicle examiners from the scope of the Principal Regulations (regulation 3(2)); the Fixed Penalty (Procedure) (Vehicle Examiner) Regulations 2009 will apply to such notices;
amend references in regulations 2(2), 3(2), 4(1) and 6 of the Principal Regulations to the driving licence if the recipient of the fixed penalty notice does not hold a driving licence (regulation 3(3) – 3(6)); sections 8 and 9 of the Road Safety Act 2006 amend the Road Traffic Offenders Act 1988 so that fixed penalties with penalty points can be issued to drivers without a UK driving licence; and
amend a reference in regulation 8 of the Principal Regulations identifying the fixed penalty clerk who is given notice of the registration of fine following non-payment of a fixed penalty (regulation 3(7)).
Regulation 4 amends the Schedule to the Principal Regulations concerning the information or further information to be contained in certain documents mentioned in Part 3 of the Transport Act 1982 (which is now contained in Part 3 of the Road Traffic Offenders Act 1988).
No Impact Assessment has been prepared for this instrument as it has no significant impact on the cost of business and the voluntary sector.

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Source: https://www.legislation.gov.uk/uksi/2009/494 (the official version)
Page: https://openlegislation.uk/fixed-penalty-procedure-amendment-regulations-2009
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.