Article 4 Enforcement of offencesI1

England, Wales and Scotland

(1)

In this article, “the 1988 Act” means the Road Traffic Offenders Act 1988.

(2)

In section 20(2) (speeding offences etc: admissibility of certain evidence) M1 of the 1988 Act—

(a)

after paragraph (ba) insert—

“(bb)
an offence under subsection (4) of section 17 of that Act consisting in a contravention of article 2(1), 3(2) or 3(4) of the Heavy Commercial Vehicles in Kent (No. 3) Order 2019 (prohibited use of the M20 Motorway in Kent by the driver of a heavy commercial vehicle);
(bc)
an offence under subsection (5) of section 20 of that Act consisting in a contravention of article 3(1) or 4(1) of the Heavy Commercial Vehicles in Kent (No. 2) Order 2019 (prohibited use of local roads in Kent by the driver of a heavy commercial vehicle);”; and

(b)

after paragraph (h) insert—

“(i)
an offence under article 2(6)(b) of the Heavy Commercial Vehicles in Kent (No. 1) Order 2019 (contravention of a direction given by a traffic officer).”.

(3)

An offence under article 2(6) of the Heavy Commercial Vehicles in Kent (No. 1) Order 2019 is a fixed penalty offence for the purposes of Part 3 of the 1988 Act.

(4)

In Schedule 3 (fixed penalty offences) to the 1988 Act, at the end of the table insert—

“
Offence under the Heavy Commercial Vehicles in Kent (No. 1) Order 2019
Article 2(6) of the Heavy Commercial Vehicles in Kent (No. 1) Order 2019 Driver of a heavy commercial vehicle in Kent failing to comply with or contravening a direction given, or requirement imposed, by a traffic officer.
”

Annotations

Marginal citations

M1: Section 20(2) has been amended by S.I. 1997/384, 2001/1814, 2014/260 and 2017/294.

Commencement

I1: Art. 4in force at 31.10.2019, see art 1(1); S.I. 2019/1388, art. 1(b)