{
  "url": "https://openlegislation.uk/road-traffic-vehicle-emissions-fixed-penalty-regulations-1997/regulation-5",
  "json_url": "https://openlegislation.uk/road-traffic-vehicle-emissions-fixed-penalty-regulations-1997/regulation-5.json",
  "legislation": "uksi/1997/3058",
  "legislation_title": "The Road Traffic (Vehicle Emissions) (Fixed Penalty) Regulations 1997",
  "legislation_url": "https://openlegislation.uk/road-traffic-vehicle-emissions-fixed-penalty-regulations-1997",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Issue of fixed penalty notices",
  "text": "(1) Where—\n(a) a test has been carried out on the emissions from a vehicle, and\n(b) in consequence of that test an authorised person considers that a fixed penalty offence relating to regulation 61 of the 1986 Regulations has been committed by the person using that vehicle,\nhe may issue a fixed penalty notice to that person.\n(2) Where an authorised person considers that a fixed penalty offence relating to regulation 98 of the 1986 Regulations has been committed by the driver of a vehicle, he may issue a fixed penalty notice to that person.\n(3) A fixed penalty notice in accordance with paragraph (1) or (2) shall be issued as soon as is reasonably practicable and, in any case, not later than 24 hours after the commission of the offence in connection with which it is issued.\n(4) A fixed penalty notice issued in accordance with paragraph (1) or (2) shall give such reasonable particulars of the circumstances alleged to constitute the fixed penalty offence to which the notice relates as are necessary for giving reasonable information of the offence and shall state—\n(a) the name and address of the person to whom the notice is issued;\n(b) the registered number of the vehicle concerned;\n(c) the date of the offence;\n(d) the monetary amount of the fixed penalty which may be paid;\n(e) the person to whom, and the address at which, the fixed penalty may be paid and any correspondence relating to the fixed penalty notice may be sent;\n(f) the person to whom and the address at which any request for a hearing may be sent;\n(g) the method or methods by which payment of the fixed penalty may be made;\n(h) the period for paying the fixed penalty, and\n(i) the consequences of the fixed penalty not being paid before the expiration of the period.\n(5) A fixed penalty notice may be issued under this regulation either by giving it to the person to whom it is issued or by properly addressing, pre-paying and posting a letter containing the notice to that person and shall, for the purposes of these Regulations, be taken to have been issued at the time when it is so given or a letter containing it is so posted.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1997/3058/regulation/5",
    "retrieved_at": "2026-10-29T11:39:53.525657+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}