Explanatory note

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.