The Road Safety (Financial Penalty Deposit) (Appropriate Amount) Order 2009
S.I. 2009/492 · Made 5 March 2009 · Extends to England, Wales and Scotland
Road Traffic
Made 5th March 2009
Coming into force 31st March 2009
This Order is made in exercise of the powers conferred by section 90B(2) and 90E(3) of the Road Traffic Offenders Act 1988f1.
The Secretary of State has consulted such representative organisations as appear appropriate in accordance with section 90E(2) of that Act.
A draft of this instrument has been approved by each House of Parliament in accordance with section 90E(4) of that Act.
Accordingly, the Secretary of State makes the following Order:
Annotations to the whole text
Footnotes
- f1
-
1988 c.53. Sections 90B and 90E were inserted by section 11 of the Road Safety Act 2006 (c.49).
Contents
- 1Citation, commencement and interpretation
- 2The appropriate amount
- Signature
- Schedule 1: Deposits for Fixed Penalty Offences
- 1Primary legislation
- 2Secondary Legislation
- Schedule 2Deposits for Graduated Fixed Penalty Offences
- Explanatory note
1Citation, commencement and interpretationI1
This Order may be cited as the Road Safety (Financial Penalty Deposit) (Appropriate Amount) Order 2009 and shall come into force on 31st March 2009.
In this Order—
“the AETR” means the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1 July 1970, as amended, as applied by article 2(3)of the EC Regulationf1;
F1...
“the EC Regulation” means the Community Drivers Hours Regulation as defined in section 103(1) of the Transport Act 1968f2;
F2“the EU Tachographs Regulation” has the meaning given in section 97(7) of the Transport Act 1968;
“fixed penalty offence” means an offence listed in Schedule 1; and
“graduated fixed penalty offence” means an offence listed in Schedule 2.
F3“parking offence” means—
- (a)
in relation to table 4 in Part 1 of Schedule 1, an offence under the Road Traffic Regulation Act 1984f3, which does not involve obligatory endorsement and which is committed in respect of a stationary vehicle; or
- (b)
in relation to table 6 in Schedule 2, an offence under section 42 of the Road Traffic Act 1988 consisting in the causing of an unnecessary obstruction of a road in breach of regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986;
- (a)
“red route” means a length of road affected by either or both of the following traffic signs, namely—
- (a)
a traffic sign lawfully placed on the road, being a traffic sign which bears the words “Red Route”, with or without any other word or any sign or other indication; and
- (b)
a traffic sign consisting of a red line or mark lawfully placed on the road; and
- (a)
“traffic sign” means a traffic sign for the purposes of section 64(1) of the Road Traffic Regulation Act 1984 which conveys any restriction or prohibition under an order made under that Act.
2The appropriate amountI1
Subject to paragraph (2), the appropriate amount of a financial penalty deposit shall be—
in relation to a fixed penalty offence for which a person has been given a fixed penalty notice or handed a conditional offer, the amount indicated in relation to that offence in the third column of Schedule 1;
in relation to a graduated fixed penalty offence for which a person has been given a fixed penalty notice or handed a conditional offer, the amount indicated in relation to that offence in Schedule 2, by reference to the circumstances of the offence, those being the nature of the contravention and, where specified, its seriousness; and
in relation to an offence for which a person has been given notification that it appears likely that proceedings will be brought against him, F1£500.
The appropriate amount shall not, in respect of any single occasion on which more than one financial penalty deposit requirement has been imposed, exceed F2£1500.
Signature
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
5th March 2009
1Primary legislationI1
Table 1
Transport Act 1968
| (1)Provision creating offence | (2)General nature of offence | (3)Deposit |
|---|---|---|
| 1. Section 98(4)f1 | Contravention of regulations made under section 98 or any requirement as to books, records or documents of applicable Community rules | F1£300 |
| 2. Section 99(4)f2 | Failing to comply with requirements relating to inspection of records or obstructing an officer | £300 |
| 3. Section 99ZD(1) f3 | 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 | £300 |
| 4. Section 99Cf4 | Failure to comply with prohibition or direction in relation to driving vehicle. | £300 |
Table 2
Road Traffic (Foreign Vehicles) Act 1972f5
| (1)Provision creating offence | (2)General nature of offence | (3)Deposit |
|---|---|---|
| 1. Section 3(1) | Driving a foreign goods or foreign public service vehicle in contravention of a prohibition, etc. | F2£300 |
Table 3
Public Passenger Vehicles Act 1981f6
| (1)Provision creating offence | (2)General nature of offence | (3)Deposit |
|---|---|---|
| 1. Section 12(5) | Using public service vehicle except under PSV operators’ licence | F3£300 |
Table 4
Road Traffic Regulation Act 1984f7
| (1)Provision creating offence | (2)General nature of offence | (3)Deposit |
|---|---|---|
F41. Section 5(1) | Using a vehicle in contravention of a traffic regulation order outside Greater London | £50, but £30 in the case of a parking offence |
2. Section 8(1) | Breach of traffic regulation order in Greater London | £50, but £60 in the case of a parking offence committed on a red route and £40 in the case of any other parking offence |
3. Section 11(1) | Breach of experimental traffic order | £50, but £60 in the case of a parking offence committed in Greater London on a red route, £40 in the case of any other parking offence committed in Greater London and £30 in the case of any other parking offence |
4. Section 16(1) | Using a vehicle in contravention of temporary prohibition or restriction of traffic in case of execution of works, etc. | £50, but £100 if committed in respect of a speed restriction, £60 in the case of a parking offence committed in Greater London on a red route, £40 in the case of any other parking offence committed in Greater London and £30 in the case of any other parking offence |
5. Section 17(4) | Wrongful use of special road | £100, but £40 in the case of a parking offence committed in Greater London and £30 in the case of any other parking offence |
6. Section 18(3) | Using a vehicle in contravention of provision for one-way traffic on trunk road | F5£50 |
7. Section 20(5) | Driving a vehicle in contravention of order prohibiting or restricting driving vehicles on certain classes of roads | £50 |
| 8. Section 25(5) | Breach of pedestrian crossing regulations | F6£100 |
| 9. Section 88(7) | Contravention of minimum speed limit | £50 |
| 10. Section 89(1) | Exceeding speed limit | £100 |
Table 5
Road Traffic Act 1988f8
| (1)Provision creating offence | (2)General nature of offence | (3)Deposit |
|---|---|---|
| F7A1. Section 3 | Driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or other place | £100 |
1. Section 14(3) | Breach of regulations requiring wearing of seat belts | F8£100 |
| 2. Section 15(2)f9 | Driving motor vehicle with child not wearing seat belt or with child in a rear-facing child restraint front seat with an active air bag | £100 |
3. Section 15(4)f10 | Driving motor vehicle with child in rear not wearing seat belt | £100 |
| 4. Section 16(4) | Driving or riding motor cycles in contravention of regulations requiring wearing of protective headgear | F9£50 |
| 5. Section 18(3) | Contravention of regulations with respect to use of head-worn appliances (eye protectors) on motor cycles | £50 |
| 6. Section 19(1) | Prohibition of parking of heavy commercial vehicles on verges, etc. | £30 |
| 7. Section 22f11 | Leaving vehicle in dangerous position | £100 |
| 8. Section 34(1)f12 | Driving mechanically propelled vehicles elsewhere than on roads | £50 |
9. Section 35(1)f13 | Failing to comply with traffic directions given by constable or traffic officer engaged in the regulation of traffic in a road | £50, but £100 if committed in respect of a motor vehicle by failure to comply with a direction of a constable, traffic officer or traffic warden |
| 10. Section 35(2)f14 | Failing to comply with traffic directions given by constable or traffic officer where a traffic survey is being carried out | £100 |
| 11. Section 36(1) | Failing to comply with traffic signs | £50, but £100 if committed by failure to comply with an indication given by a sign specified in regulation 10(2) of the Traffic Signs Regulations and General Directions 2002f15 |
| 12. Section 40Af16 | Using a vehicle in dangerous condition etc. | £100 |
| 13. Section 41Df17 | Breach of requirements as to control of vehicle, mobile telephone, etc. | £100 |
| 14. Section 47(1) | Using etc., vehicle without required test certificate being in force | £100 |
| 15. Section 71(1)f18 | Driving, etc., vehicle in contravention of prohibition on driving it as being unfit for service, or failing to comply with direction to remove a vehicle found overloaded | F10£300 |
| 16. Section 87(1)f19 | Driving otherwise than in accordance with a licence | £50, but £100 in the case where the driving would not have been in accordance with any licence that could have been granted to the driver |
| 17. Section 143(2) | Using, etc., motor vehicle while uninsured or unsecured against third party risks | £300 |
| 18.Section 163(3)f20, insofar as it relates to section 163(1) | Failing to stop mechanically propelled vehicle when required | £50 |
Table 6
Road Traffic Offenders Act 1988
| (1)Provision creating offence | (2)General nature of offence | (3)Deposit |
|---|---|---|
| 1. Section 90D(6)f21 | Driving a vehicle in contravention of a prohibition on driving, etc., on failure to make a financial penalty deposit payment | F11£300 |
Table 7
Vehicles Excise and Registration Act 1994f22
| (1)Provision creating offence | (2)General nature of offence | (3)Deposit |
|---|---|---|
| 1. Section 42(1) | Driving or keeping a vehicle without required registration mark | F12£100 |
| 2. Section 43(1) | Driving or keeping a vehicle with registration mark obscured etc. | £100 |
| F133. Section 59(1) | Failure to fix prescribed registration mark to a vehicle in accordance with regulations made under section 23(4) of the Act | £100 |
Table 8
Goods Vehicles (Licensing of Operators) Act 1995f23
| (1)Provision creating offence | (2)General nature of offence | (3)Deposit |
|---|---|---|
| 1. Section 2(5) | Using goods vehicle on road for carriage of goods except under operator’s licence | F14£300 |
F15Table 9
The HGV Road User Levy Act 2013
| (1) Provision creating offence | (2)General nature of offence | (3) Deposit |
|---|---|---|
| Section 11(1) | Using or keeping a heavy goods vehicle on a road in the UK without paying the HGV road user levy | £300. |
F16Table 10
Haulage Permits and Trailer Registration Act 2018
| (1) Provision creating offence | (2) General nature of offence | (3) Deposit |
|---|---|---|
| 1. Section 8(2) | Driver of a goods vehicle breaching a requirement under section 6(2)(a) of that Act to produce a permit without reasonable excuse | £300 |
| 2. Section 8(3) | Wilfully obstructing an examiner exercising powers under section 6 of that Act | £300 |
| 3. Section 8(4)(a) | Breaching a prohibition under section 7 of that Act on taking a vehicle to a country without reasonable excuse | £300 |
| 4. Section 8(4)(b) | Causing or permitting a breach of a prohibition under section 7 of that Act on taking a vehicle to a country without reasonable excuse | £300 |
2Secondary LegislationI1
Table 1
The Road Transport (International Passenger Services) Regulations 1984f1
| (1)Provision creating offence | (2)General nature of offence | (3)Deposit |
|---|---|---|
| 1. Regulation 19(1) | Using vehicle for Community regulated carriage of passengers otherwise than in accordance with the Council Regulations or the Commission Regulation | F1£50 |
| 2. Regulation 19(2) | Using vehicle for ASOR regulated or Community regulated carriage by road without passenger waybill | £50 |
Table 2
The Goods Vehicles (Community Authorisations) Regulations 1992f2
| (1)Provision creating offence | (2)General nature of offence | (3)Deposit |
|---|---|---|
| 1. Regulation 3 | Use of goods vehicle without Community authorisation | F2£100 |
| 2. Regulation 7 | Failure to comply with conditions governing use of Community authorisation | F3£50 |
Table 3
The Public Service Vehicles (Community Licences) Regulations 1999f3
| (1)Provision creating offence | (2)General nature of offence | (3)Deposit |
|---|---|---|
| 1. Regulation 3 | Use of public service vehicles without Community licence | F4£100 |
| 2. Regulation 7 | Failure to comply with conditions governing use of Community licence | F5£50 |
Table 4
The Road Transport (Passenger Vehicles Cabotage) Regulations 1999f4
| (1)Provision creating offence | (2)General nature of offence | (3)Deposit |
|---|---|---|
| 1. Regulation 3(1) | Use of vehicle for UK cabotage operations without Community licence | F6£100 |
| 2. Regulation 4(1) | Use of vehicle for UK cabotage operations without control document | £100 |
| 3. Regulation 7(1) | Failure to produce Community licence when requested | F7£50 |
| 4. Regulation 7(3) | Failure to produce control document when requested | £50 |
Table 5
The Vehicle Drivers (Certificate of Professional Competence) Regulations 2007f5
| (1)Provision creating offence | (2)General nature of offence | (3)Deposit |
|---|---|---|
| 1. Regulation 11(7) | Failing to produce evidence of F8relevant CPC or National Vocational Training Certificate when required | F9£50 |
F10Table 6
The Goods Vehicles (Community Licences) Regulations 2011
| (1) Provision creating offence | (2) General nature of offence | (3) Deposit |
|---|---|---|
| 1. Regulation 4 | Using a vehicle in Great Britain in contravention of the requirement to possess a Community licence | £100 |
F11Table 7
The Trailer Registration Regulations 2018
| (1) Provision creating offence | (2) General nature of offence | (3) Deposit |
|---|---|---|
| 1. Regulation 5 | Keeping or using a trailer that has not been registered under those Regulations on a journey to or through a foreign country that is a contracting party to the 1968 Vienna Convention on Road Traffic (“the 1968 Convention”) | £100 |
| 2. Regulation 19(1)(a) | Using a registered trailer with an expired registration document on a journey to or through a foreign country that is a contracting party to the 1968 Convention | £100 |
| 3. Regulation 19(1)(f) | Failing to produce a trailer registration document when required to do so | £100 |
| 4. Regulation 19(1)(g) | Failing to fix a registration plate on a registered trailer in accordance with those Regulations | £100 |
| 5. Regulation 19(1)(h) | Displaying a trailer registration mark on a trailer that is not assigned to that trailer | £100 |
6. Regulation 20 | Keeping or using an incorrectly registered trailer on a road | £100 |
| 7. Regulation 21 | Keeping or using a registered trailer on a road with a registration mark that is obscured | £100 |
| 8. Regulation 22(a) | Wilfully obstructing a person carrying out an inspection of a trailer under those Regulations | £300 |
F12Table 8
The Heavy Commercial Vehicles in Kent (No. 1) Order 2019
| (1) Provision creating offence | (2) General nature of offence | (3) Deposit |
|---|---|---|
| 1. Article 2(6) | Driver of a heavy commercial vehicle in Kent failing to comply with or contravening a direction given, or requirement imposed, by a traffic officer | £300 |
Schedule 2Deposits for Graduated Fixed Penalty OffencesI1
Table 1
Section 96(11) Transport Act 1968f1
| (1) Nature of contravention or failure constituting the offence | (2) Seriousness of offence and applicable level of deposit | ||
|---|---|---|---|
| F1£100 | F2£200 | F3£300 | |
| 1. Driving a vehicle or vehicles for more than 10 hours, contrary to section 96(1) | More than 10 hours but less than 11 hours driving | 11 hours or more but less than 12 hours driving | 12 hours or more driving |
| 2. Failure to take an interval for rest and refreshment, contrary to section 96(2) | Being on duty for up to 1 hour beyond the required break | Being on duty for 1 hour or more, but less than 2 hours, beyond the required break | Being on duty for 2 hours or more beyond the required break |
| 3. Exceeding working day of 11 hours, contrary to section 96(3)(a) | More than 11 hours but less than 12 hours working | 12 hours or more but less than 13 hours working | 13 hours or more working |
| 4. Failing to take a daily rest period between two successive working days, contrary to section 96(4) | Less than 11 hours but more than 10 hours daily rest | 10 hours or less but more than 9 hours daily rest | 9 hours or less daily rest |
| 5. Failing to take a weekly rest period of 24 hours, contrary to section 96(6) | Less than 24 hours but more than 23 hours rest | 23 hours or less but more than 22 hours rest | 22 hours or less rest |
| 6. Exceeding the daily working limit of 16 hours in respect of a passenger vehicle to which the Drivers’ Hours (Passenger and Goods Vehicles) (Modifications) Order 1971f2 apply, contrary to section 96(3)(c) as modified by that Order in relation to such vehicles | More than 16 hours, but less than 17 hours working | 17 hours or more but less than 18 hours working | 18 hours or more working |
| 7. Failing to take a daily rest period between two successive working days by a driver of a passenger vehicle to which the Drivers’ Hours (Passenger and Goods Vehicles) (Modifications) Order 1971) apply, contrary to section 96(4) , as modified by that Order in relation to such vehicles | Less than 10 hours but more than 9 hours daily rest (or, in the case of a reduced daily rest period, less than 8.5 hours but more than 7.5 hours daily rest) | 9 hours or less but more than 8 hours daily rest (or, in the case of a reduced daily rest period, 7.5 hours or less but more than 6.5 hours daily rest) | 8 hours or less daily rest (or, in the case of a reduced daily rest period, 6.5 hours or less daily rest) |
8. Failing to take a rest period of 24 hours in each successive two week period by a driver of a passenger vehicle to which the Drivers’ Hours (Passenger and Goods Vehicles) (Modifications) Order 1971) apply, contrary to section 96(6), as modified by that Order in relation to such vehicles | Less than 24 hours but more than 23 hours weekly rest | 23 hours or less but more than 22 hours weekly rest | 22 hours or less weekly rest |
| 9. In all other cases | F4£50 | ||
Table 2
Section 96(11A) Transport Act 1968f3
| (1) Nature of contravention or failure constituting the offence | (2) Seriousness of offence and applicable level of deposit | ||
|---|---|---|---|
| F5£100 | F6£200 | F7£300 | |
| 1. Exceeding 9 hours daily driving, in contravention of paragraph 1 of Article 6(1) of the EC Regulation | More than 9 hours but less than 10 hours driving | 10 hours or more but less than 11 hours driving | 11 hours or more driving |
| 2. Exceeding 10 hours daily driving, in contravention of paragraph 2 of Article 6(1) of the EC Regulation | More than 10 hours but less than 11 hours driving | 11 hours or more but less than 12 hours driving | 12 hours or more driving |
| 3. Exceeding the weekly driving time of 56 hours, in contravention of Article 6(2) of the EC Regulation | More than 56 hours but less than 58 hours driving | 58 hours or more but less than 59 hours driving | 59 hours or more driving |
| 4. Exceeding 90 hours accumulated driving time in any two consecutive weeks, in contravention of Article 6(3) of the EC Regulation | More than 90 hours but less than 93 hours driving | 93 hours or more but less than 94 hours driving | 94 hours or more driving |
| 5. Exceeding 4.5 hours driving without a break, in contravention of Article 7 of the EC Regulation | More than 4.5 hours but less than 5.5 hours driving | 5.5 hours or more but less than 6.5 hours driving | 6.5 hours or more driving |
| 6. Insufficient regular daily rest period in 24 hour period, in contravention of Articles 8(1) and 8(2) of the EC Regulation | Less than 11 hours but more than 10 hours daily rest | 10 hours or less but more than 9 hours daily rest | 9 hours or less daily rest |
| 7. Insufficient reduced daily rest period in 24 hour period, in contravention of Articles 8(1) and 8(2) of the EC Regulation | Less than 9 hours but more than 8 hours daily rest | 8 hours or less but more than 7 hours daily rest | 7 hours or less daily rest |
| 8. Failure to take first rest of at least 3 consecutive hours where daily rest period is split, as required by the first indent of Article 4(g) of the EC Regulation and in contravention of Articles 8(1) and 8(2) of that Regulation | Less than 3 hours but more than 2 hours rest | 2 hours or less but more than 1 hours rest | 1 hour or less rest |
| 9. Failure to take second rest of at least 9 consecutive hours where daily rest period is split, as required by the first indent of Article 4(g) of the EC Regulation, and in contravention of Articles 8(1) and 8(2) of that Regulation | Less than 9 hours but more than 8 hours rest | 8 hours or less but more than 7 hours rest | 7 hours or less rest |
| 10. Failure to take daily rest period of at least 12 hours in total, where regular daily rest period is split, as required by the first indent of Article 4(g) of the EC Regulation and in contravention of Articles 8(1) and 8(2) of that Regulation | Less than 12 hours but more than 11 hours rest | 11 hours or less but more than 10 hours rest | 10 hours or less rest |
| 11. Insufficient rest in 30 hour period by a driver engaged in multi-manning, in contravention of Articles 8(1) and 8(5) of the EC Regulation | Less than 9 hours but more than 8 hours rest | 8 hours or less but more than 7 hours rest | 7 hours or less rest |
| 12. Insufficient regular weekly rest period, in contravention of Articles 8(1) and (6) of the EC Regulation | Less than 45 hours but more than 43 hours weekly rest | 43 hours or less but more than 42 hours weekly rest | 42 hours or less weekly rest |
| 13. Insufficient reduced weekly rest period, in contravention of Articles 8(1) and (6) of the EC Regulation | Less than 24 hours but more than 22 hours rest | 22 hours or less but more than 21 hours rest | 21 hours or less rest |
| 14. Failure to take equivalent period of compensatory rest before the end of the third week where reduced weekly rest period has been taken, as required by the second indent of Article 8(6) of the EC Regulation | Up to 3 hours less rest than required | 3 hours or more but less than 4 hours less rest than required | 4 hours or more less rest than required |
| 15. Exceeding 9 hours daily driving, in contravention of F8... Article 6.1 of the AETR | More than 9 hours but less than 10 hours driving | 10 hours or more but less than 11 hours driving | 11 hours or more driving |
| 16. Exceeding 10 hours daily driving (where permitted), in contravention of ...Article 6.1 of the AETR | More than 10 hours but less than 11 hours driving | 11 hours or more but less than 12 hours driving | 12 hours or more driving |
| F916A. Exceeding the weekly driving time of 56 hours, in contravention of Article 6.2 of the AETR | More than 56 hours but less than 58 hours driving | 58 hours or more but less than 59 hours driving | 59 hours or more driving |
| 17. Exceeding 90 hours F10accumulated driving time in any two consecutive weeks, in contravention of Article 6.3 of the AETR | More than 90 hours but less than 93 hours driving | 93 hours or more but less than 94 hours driving | 94 hours or more driving |
| 18. Exceeding 4.5 hours driving without a break, in contravention of Article 7.1 of the AETR | More than 4.5 hours but less than 5.5 hours driving | 5.5 hours or more but less than 6.5 hours driving | 6.5 hours or more driving |
| 19. Insufficient F11regular daily rest period in 24 hour period in contravention of F12Articles 8.1 and 8.2 of the AETR | Less than 11 hours but more than 10 hours rest | 10 hours or less but more than 9 hours rest | 9 hours or less rest |
| 20. Insufficient reduced daily rest period F13... in 24 hours period in contravention of F14Articles 8.1 and 8.2 of the AETR | Less than 9 hours but more than 8 hours rest | 8 hours or less but more than 7 hours rest | 7 hours or less rest |
| F15. . . | . . . | . . . | . . . |
| F1622. Failure to take first rest of at least 3 consecutive hours where daily rest period is split, as required by Article 1(o)(i) of the AETR and in contravention of Articles 8.1 and 8.2 of the AETR | Less than 3 hours but more than 2 hours rest | 2 hours or less but more than 1 hours rest | 1 hour or less rest |
| 22A. Failure to take second rest of at least 9 consecutive hours where daily rest period is split, as required by Article 1(o)(i) of the AETR and in contravention of Articles 8.1 and 8.2 of the AETR | Less than 9 hours but more than 8 hours rest | 8 hours or less but more than 7 hours rest | 7 hours or less rest |
| 23. Failure to take daily rest period of F17at least 12 hours in total , where regular daily rest period is split F18, as required by Article 1(o)(i) of the AETR and in contravention of Articles 8.1 and 8.2 of the AETR | Less than 12 hours but more than 11 hours rest | 11 hours or less but more than 10 hours rest | 10 hours or less rest |
| F1924. Insufficient rest in 30 hour period by a driver engaged in multi-manning, in contravention of Articles 8.1 and 8.3 of the AETR | Less than F209 hours but more than F218 hours rest | 8 hours or less but more than F227 hours rest | 7 hours or less rest |
| 25. Insufficient regular weekly rest period, in contravention of F23Articles 8.1 and 8.6(a) of the AETR | Less than 45 hours but more than 43 hours rest | 43 hours or less but more than 42 hours rest | 42 hours or less rest |
| F24. . . | . . . | . . . | . . . |
| 27. Insufficient reduced weekly rest period F25..., in contravention of F26Articles 8.1 and 8.6(a) of the AETR | Less than 24 hours but more than 22 hours rest | 22 hours rest or less but more than 21 hours rest | 21 hours or less rest |
| 28. Failure to take F27equivalent period of compensatory rest before the end of the third week where reduced weekly rest period has been taken, as required by Article 8.6(a)(ii) of the AETR | Up to 3 hours less rest than required | 3 hours or more but less than 4 hours less rest than required | 4 hours or more less rest than required |
| 29. In all other cases | F28£50 | ||
Table 3
Section 97(1) Transport Act 1968f4
| (1) Nature of contravention or failure constituting the offence | (2) Applicable level of deposit |
|---|---|
| 1. Failure to ensure recording equipment installed in accordance with article 3(1) of F29EU Tachographs Regulation | F30£300 |
| 2. Failing to ensure correct functioning of recording equipment or driver card, in accordance with F31article 32(1) of that Regulation | F32£100 |
| 3. Failing to ensure the proper use of the recording equipment, in accordance with F33article 32(1) of that Regulation | F34£200 |
| 4. Failing to ensure the proper use of the driver card, in accordance with F35article 32(1) of that Regulation | £300 |
| 5. Failure to ensure that printing can be carried out correctly in the event of an inspection (other than a failure to provide sufficient printing material), in accordance with F36the third paragraph of article 33(1) of that Regulation | £200 |
| 6. Failure to ensure that printing can be carried out correctly in the event of an inspection by a failure to provide sufficient printing material, in accordance with F37the second paragraph of article 33(1) of that Regulation | £100 |
| 7. Using driver card of which the driver is not the holder, contrary to F38article 27(2) of that Regulation | £300 |
| 8. Using a defective driver card, contrary to F39article 27(2) of that Regulation | £100 |
| 9. Failure, at the start of the journey, to print out information required, etc, in accordance with F40article 35(2)(a) of that Regulation | £200 |
| 10. Failure, at the end of the journey, to print out the information required, etc, in accordance with F41article 35(2)(b) of that Regulation | £200 |
| 11. Failure to use record sheets or driver card, in accordance with F42article 34(1) of that Regulation | £300 |
| 12. Unauthorised withdrawal of record sheet or driver card, contrary to F43article 34(1) of that Regulation | £200 |
| 13. Failure to enter legibly on the record sheet, when away from the vehicle, periods of time, in accordance with F44article 34(3) of that Regulation | £200 |
| 14. Failure to amend record sheet or driver card as necessary when more than one driver on board the vehicle, in accordance with F45article 34(4) of that Regulation | £200 |
| 15. In all other cases | F46£50 |
F47Table 3A
Section 97ZA Transport Act 1968
| (1) Nature of contravention or failure constituting the offence | (2)Applicable level of deposit |
|---|---|
| 1. Failure to ensure recording equipment installed in accordance with section 97ZA(1) of the Transport Act 1968 | £300 |
| 2. Failure to ensure the correct functioning of recording equipment or driver card, in accordance with Article 10 of the Annex to the AETR | £100 |
| 3. Failure to ensure the proper use of the recording equipment, in accordance with Article 10 of the Annex to the AETR | £200 |
| 4. Failure to ensure the proper use of the driver card, in accordance with Article 10 of the Annex to the AETR | £300 |
| 5. Failure to ensure that printing can be carried out correctly in the event of an inspection (other than a failure to provide sufficient printing material), in accordance with the second sub-paragraph of Article 11.1 of the Annex to the AETR | £200 |
| 6. Failure to ensure that printing can be carried out correctly in the event of an inspection by a failure to provide sufficient printing material, in accordance with the first sub-paragraph of Article 11.1 of the Annex to the AETR | £100 |
| 7. Using driver card of which the driver is not the holder, contrary to the third sub-paragraph of Article 11.4(a) of the Annex to the AETR | £300 |
| 8. Using a defective driver card, contrary to the third sub-paragraph of Article 11.4(a) of the Annex to the AETR | £100 |
| 9. Failure to use record sheets or driver card, in accordance with the first sub-paragraph of Article 12.2(a) of the Annex to the AETR | £300 |
| 10. Unauthorised withdrawal of record sheet or driver card, contrary to the first sub-paragraph of Article 12.2(a) of the Annex to the AETR | £200 |
| 11. Failure to enter legibly on the record sheet, when away from the vehicle, periods of time, in accordance with Article 12.2(b) of the Annex to the AETR | £200 |
| 12. Failure to amend record sheet or driver card as necessary when more than one driver on board the vehicle, in accordance with paragraph (2)(c) or the second sub-paragraph of paragraph (2)(a) of Article 12 of the Annex to the AETR | £200 |
| 13. Failure, at the start of the journey, to print out information required, etc, in accordance with Article 13.2(b)(i) of the annex to the AETR | £200 |
| 14. Failure, at the end of the journey, to print out information required, etc, in accordance with Article 13.2(b)(ii) of the Annex to the AETR | £200 |
| 15. In all other cases | £50 |
Table 4
Section 41A Road Traffic Act 1988f5
| (1) Nature of contravention or the failure constituting the offence | (2) Applicable level of deposit |
|---|---|
1. F48contravention, except in the case of a motor cycle, of regulation 27(1)(g) (failure to have a tread pattern of at least 1 millimetre) of the Road Vehicles (Construction and Use) Regulations 1986f6 | F49£200 |
| 2. In all other cases | F50£100 |
Table 5
Section 41B Road Traffic Act 1988
| (1) Nature of contravention or failure constituting the offence | (2) Applicable level of deposit | ||
|---|---|---|---|
| F51£100 | F52£200 | F53£300 | |
| 1. Exceeding maximum authorised weight of vehicle, contrary to regulation 4(1)(a) of, and Schedule 1 to, the Road Vehicles (Authorised Weight) Regulations 1998f7 | Exceeding weight by up to 10% | Exceeding weight by 10% or more, but less than 15% | Exceeding weight by 15% or more |
| 2. Exceeding maximum authorised weight of vehicle combination, contrary to regulation 4(1)(b) of, and Schedule 2 to, the Road Vehicles (Authorised Weight) Regulations 1998 | Exceeding weight by up to 10% | Exceeding weight by 10% or more, but less than 15% | Exceeding weight by 15% or more |
| 3. Exceeding maximum authorised weight of axle, contrary to Regulation 4(1)(c) of, and Schedule 3 to, the Road Vehicles (Authorised Weight) Regulations 1998) | Exceeding weight by up to 10% | Exceeding weight by 10% or more, but less than 15% | Exceeding weight by 15% or more |
| 4. Exceeding maximum permitted laden weight of a vehicle, contrary to regulation 75(1) of, and Parts I, IA and II of Schedule 11 to, the Road Vehicles (Construction and Use) Regulations 1986f8 | Exceeding weight by up to 10% | Exceeding weight by 10% or more, but less than 15% | Exceeding weight by 15% or more |
| 5. Exceeding maximum permitted laden weight of trailer, contrary to regulation 75(3) of the Road Vehicles (Construction and Use) Regulations 1986 | Exceeding weight by up to 10% | Exceeding weight by 10% or more, but less than 15% | Exceeding weight by 15% or more |
| 6. Exceeding maximum permitted laden weight of a vehicle and trailer, other than an articulated vehicle, contrary to regulation 76(1) of the Road Vehicles (Construction and Use) Regulations 1986 | Exceeding weight by up to 10% | Exceeding weight by 10% or more, but less than 15% | Exceeding weight by 15% or more |
| 7. Exceeding any weights shown on the plate fitted in accordance with regulation 66 of the Road Vehicles (Construction and Use) Regulations 1986, contrary to regulation 80(1)(a) of those Regulations | Exceeding weight by up to 10% | Exceeding weight by 10% or more, but less than 15% | Exceeding weight by 15% or more |
| 8. Exceeding any weight shown in column (2) of the plating certificate, contrary to regulation 80(1)(b) of the Road Vehicles (Construction and Use) Regulations 1986) | Exceeding weight by up to 10% | Exceeding weight by 10% or more, but less than 15% | Exceeding weight by 15% or more |
| 9. Exceeding maximum gross weight in respect of an agricultural trailed appliance, contrary to regulation 80(1)(c) of the Road Vehicles (Construction and Use) Regulations 1986 | Exceeding weight by up to 10% | Exceeding weight by 10% or more, but less than 15% | Exceeding weight by 15% or more |
10. Exceeding sum of weights in respect of axles fitted with a compensating arrangement, contrary to regulation 80(2) of the Road Vehicles (Construction and Use) Regulations 1986 | Exceeding weight by up to 10% | Exceeding weight by 10% or more, but less than 15% | Exceeding weight by 15% or more |
| 11. In all other cases | F54£50 | ||
Table 6
Section 42 Road Traffic Act 1988f9
| (1) Nature of contravention or failure constituting the offence | (2) Applicable level of deposit |
|---|---|
1. Failure to meet requirements regarding speed limiters, in accordance with regulation 36A(4) of those Regulationsf10 | F55£200 |
2. Failure to meet requirements regarding speed limiters, in accordance with regulation 36B(6) of the Road Vehicles (Construction and Use) Regulations 1986f11 | £200 |
3. Failure to maintain vehicle, etc., or to carry, etc., passengers in accordance with regulation 100(1) of those Regulations, so as not to be a danger | F56£100 |
4. Failure to carry load in a secure manner, etc., in accordance with regulation 100(2) of those Regulations, so as not to be a danger or nuisance | £100 |
5. Failure to use vehicle for suitable purposes, in accordance with regulation 100(3) of those Regulations, so as not to cause or be likely to cause a danger or nuisance | £100 |
| F576. In all other cases | £50, but £60 in the case of a parking offence committed in Greater London on a red route, £40 in the case of any other parking offence committed in Greater London and £30 in the case of any other parking offence |
F58Table 7
Section 17(4) Road Traffic Regulation Act 1984
| (1) Nature of contravention or failure constituting the offence | (2) Applicable level of deposit |
|---|---|
| Contravening article F592(1) or 3(2) of the Heavy Commercial Vehicles in Kent (No. 3) Order 2019 | £300 |
Table 8
Section 20(5) Road Traffic Regulation Act 1984
| (1) Nature of contravention or failure constituting the offence | (2) Applicable level of deposit |
|---|---|
| Contravening article F60... 3(1) or 4(1) of the Heavy Commercial Vehicles in Kent (No. 2) Order 2019 | £300 |
Explanatory note
(This note is not part of the Order)
Part 3A of the Road Traffic Offenders Act 1988 (“the Act”) was inserted by section 11 of the Road Safety Act 2006. It provides that, when a constable or vehicle examiner believes a specified offence has been committed relating to a motor vehicle, the constable or vehicle examiner may impose a financial penalty deposit on a person without a satisfactory UK address who has been given notice of likely proceedings or a fixed penalty notice (in Scotland, a conditional offer) in respect of an offence.
This Order specifies the amount of the deposit, defined as the “appropriate amount” in new section 90B(2) of the Act.
Article 2 of this Order provides that, if a person has been given a fixed penalty notice or handed a conditional offer for a fixed penalty offence, the appropriate amount is as specified in the third column of Schedule 1. For those cases in which the person has been given a fixed penalty notice or handed conditional offer for a graduated fixed penalty offence, the appropriate amount in respect of that fixed penalty notice or conditional offer is specified in Schedule 2 by reference to the nature of the contravention or the failure constituting the offence or the seriousness of the offence. For those offences which are likely to be tried in a court, and for which the person has been given notice of that fact, the appropriate amount is £300.
In the event that the person is not prosecuted, is acquitted, or is convicted but not fined, or the period in which a prosecution may be brought ends, appropriate steps to make an appropriate refund of the financial penalty deposit are required to be taken by the Secretary of State. These steps are set out in the Road Safety (Financial Penalty Deposit) Order 2009. That Order also specifies the offences to which the financial penalty deposit scheme applies. The rate of interest to be calculated for the purposes of determining the appropriate refund is set out in the Road Safety (Financial Penalty Deposit) (Interest) Order 2009.
The AETR agreement, which relates to drivers’ hours of work, is out of print but available online from www.unece.org.
A full Impact Assessment of the effect this instrument will have on costs for the business and voluntary sectors has been produced and is available from the Licensing Roadworthiness and Insurance Division, Department for Transport, Zone 2/09 Great Minister House, 76 Marsham Street, London SW1P 4DR and may be accessed on the Department’s website at www.dft.gov.uk. A copy has been placed in the library of each House of Parliament.