Article 59 Amount of fixed penalty

Northern Ireland

F1(1)

The fixed penalty for an offence is—

(a)

such amount as the Department may by order prescribe, or

(b)

one-half of the maximum amount of the fine to which a person committing that offence would be liable on summary conviction,

whichever is the less.

F2(2)

Any order made under paragraph (1) in relation to an offence may make provision for the fixed penalty for the offence to be different depending on the circumstances, including (in particular)–

(a)

the nature of the contravention constituting the offence;

(b)

how serious it is;

(c)

the area, or sort of place, where it takes place; and

(d)

whether the offender appears to have committed any offence or offences of a description specified in the order during a period so specified.

F3(3)

Where—

(a)

the fixed penalty is in respect of—

(i)

a notice under Article 60 relating to an offence involving obligatory endorsement; or

(ii)

a conditional offer under Article 80 relating to such an offence; and

(b)

the person liable to pay the fixed penalty is over the age of 18,

the fixed penalty is increased by the amount of the offender levy determined under section 6 of the Justice Act (Northern Ireland) 2011.

Annotations

Textual amendments

F1: Art. 59 renumbered (12.9.2011) as sub - para. (1) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 22; S.R. 2011/286, art. 2, Sch.
F2: Art. 59(2) inserted (12.9.2011) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 22; S.R. 2011/286, art. 2, Sch.
F3: Art. 59(3) inserted (8.12.2016) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 5(5), 111(3) (with Sch. 6 para. 1); S.R. 2016/424, art. 2(c)