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Statutory Instruments

2009 No. 492

Road Traffic

The Road Safety (Financial Penalty Deposit) (Appropriate Amount) Order 2009

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 1988(1).

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:

Citation, commencement and interpretationI1

1.—(1) 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.

(2) 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 Regulation( 2 );

F1...

“the EC Regulation” means the Community Drivers Hours Regulation as defined in section 103(1) of the Transport Act 1968 ( 4 );

[F2 “ the EU Tachographs Regulation ” has the meaning given in section 97(7) of the Transport Act 1968 ; F2]

“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 1984(3), 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(4) 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;F3]

[F3 “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; andF3]

[F3 “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. F3]

The appropriate amountI2

2.—(1) Subject to paragraph (2), the appropriate amount of a financial penalty deposit shall be—

(a)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;

(b)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

(c)in relation to an offence for which a person has been given notification that it appears likely that proceedings will be brought against him, [F4£500F4] .

(2) The appropriate amount shall not, in respect of any single occasion on which more than one financial penalty deposit requirement has been imposed, exceed [F5£1500F5] .

Signed by authority of the Secretary of State for Transport

Jim Fitzpatrick

Parliamentary Under Secretary of State

Department for Transport

5th March 2009

Article 2(1)(a)

SCHEDULE 1 Deposits for Fixed Penalty Offences

PART 1 Primary legislation I3

Table 1

Transport Act 1968

(1)Provision creating offence (2)General nature of offence (3)Deposit
1. Section 98(4)(5) Contravention of regulations made under section 98 or any requirement as to books, records or documents of applicable Community rules [F6 £300F6]
2. Section 99(4)(6) Failing to comply with requirements relating to inspection of records or obstructing an officer [F6 £300F6]
3. Section 99ZD(1) (7) 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 [F6 £300F6]
4. Section 99C(8) Failure to comply with prohibition or direction in relation to driving vehicle. [F6 £300F6]

Table 2

Road Traffic (Foreign Vehicles) Act 1972(9)

(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. [F7 £300F7]

Table 3

Public Passenger Vehicles Act 1981(10)

(1)Provision creating offence (2)General nature of offence (3)Deposit
1. Section 12(5) Using public service vehicle except under PSV operators’ licence [F8 £300F8]

Table 4

Road Traffic Regulation Act 1984(11)

(1)Provision creating offence (2)General nature of offence (3)Deposit

[F9 1. 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 offenceF9]

6. Section 18(3)

Using a vehicle in contravention of provision for one-way traffic on trunk road [F10 £50F10]

7. Section 20(5)

Driving a vehicle in contravention of order prohibiting or restricting driving vehicles on certain classes of roads [F10 £50F10]
8. Section 25(5) Breach of pedestrian crossing regulations [F11 £100F11]
9. Section 88(7) Contravention of minimum speed limit [F10 £50F10]
10. Section 89(1) Exceeding speed limit [F11 £100F11]

Table 5

Road Traffic Act 1988(12)

(1)Provision creating offence (2)General nature of offence (3)Deposit
[F12 A1. 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 £100F12]

1. Section 14(3)

Breach of regulations requiring wearing of seat belts [F13 £100F13]
2. Section 15(2)(13) 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 [F13 £100F13]

3. Section 15(4)(14)

Driving motor vehicle with child in rear not wearing seat belt [F13 £100F13]
4. Section 16(4) Driving or riding motor cycles in contravention of regulations requiring wearing of protective headgear [F14 £50F14]
5. Section 18(3) Contravention of regulations with respect to use of head-worn appliances (eye protectors) on motor cycles [F14 £50F14]
6. Section 19(1) Prohibition of parking of heavy commercial vehicles on verges, etc. £30
7. Section 22(15) Leaving vehicle in dangerous position [F13 £100F13]
8. Section 34(1)(16) Driving mechanically propelled vehicles elsewhere than on roads [F14 £50F14]

9. Section 35(1)(17)

Failing to comply with traffic directions given by constable or traffic officer engaged in the regulation of traffic in a road [F14 £50F14] , but [F13£100F13] 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)(18) Failing to comply with traffic directions given by constable or traffic officer where a traffic survey is being carried out [F13 £100F13]
11. Section 36(1) Failing to comply with traffic signs [F14 £50F14] , but [F13£100F13] 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 2002(19)
12. Section 40A(20) Using a vehicle in dangerous condition etc. [F13 £100F13]
13. Section 41D(21) Breach of requirements as to control of vehicle, mobile telephone, etc. [F13 £100F13]
14. Section 47(1) Using etc., vehicle without required test certificate being in force [F13 £100F13]
15. Section 71(1)(22) 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 [F15 £300F15]
16. Section 87(1)(23) Driving otherwise than in accordance with a licence [F14 £50F14] , but [F13£100F13] 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 [F15 £300F15]
18.Section 163(3)(24), insofar as it relates to section 163(1) Failing to stop mechanically propelled vehicle when required [F14 £50F14]

Table 6

Road Traffic Offenders Act 1988

(1)Provision creating offence (2)General nature of offence (3)Deposit
1. Section 90D(6)(25) Driving a vehicle in contravention of a prohibition on driving, etc., on failure to make a financial penalty deposit payment [F16 £300F16]

Table 7

Vehicles Excise and Registration Act 1994(26)

(1)Provision creating offence (2)General nature of offence (3)Deposit
1. Section 42(1) Driving or keeping a vehicle without required registration mark [F17 £100F17]
2. Section 43(1) Driving or keeping a vehicle with registration mark obscured etc. [F17 £100F17]
[F18 3. Section 59(1) Failure to fix prescribed registration mark to a vehicle in accordance with regulations made under section 23(4) of the Act [F17 £100F17,F18]]

Table 8

Goods Vehicles (Licensing of Operators) Act 1995(27)

(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 [F19 £300F19]

[F20Table 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.F20]

[F21Table 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 £300F21]

PART 2 Secondary Legislation I4

Table 1

The Road Transport (International Passenger Services) Regulations 1984(28)

(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 [F22 £50F22]
2. Regulation 19(2) Using vehicle for ASOR regulated or Community regulated carriage by road without passenger waybill [F22 £50F22]

Table 2

The Goods Vehicles (Community Authorisations) Regulations 1992(29)

(1)Provision creating offence (2)General nature of offence (3)Deposit
1. Regulation 3 Use of goods vehicle without Community authorisation [F23 £100F23]
2. Regulation 7 Failure to comply with conditions governing use of Community authorisation [F24 £50F24]

Table 3

The Public Service Vehicles (Community Licences) Regulations 1999(30)

(1)Provision creating offence (2)General nature of offence (3)Deposit
1. Regulation 3 Use of public service vehicles without Community licence [F25 £100F25]
2. Regulation 7 Failure to comply with conditions governing use of Community licence [F26 £50F26]

Table 4

The Road Transport (Passenger Vehicles Cabotage) Regulations 1999(31)

(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 [F27 £100F27]
2. Regulation 4(1) Use of vehicle for UK cabotage operations without control document [F27 £100F27]
3. Regulation 7(1) Failure to produce Community licence when requested [F28 £50F28]
4. Regulation 7(3) Failure to produce control document when requested [F28 £50F28]

Table 5

The Vehicle Drivers (Certificate of Professional Competence) Regulations 2007(32)

(1)Provision creating offence (2)General nature of offence (3)Deposit
1. Regulation 11(7) Failing to produce evidence of [F29relevantF29] CPC or National Vocational Training Certificate when required [F30 £50F30]

[F31Table 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 £100F31]

[F32Table 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 £300F32]

[F33Table 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 £300F33]

Article 2(1)(b)

SCHEDULE 2 Deposits for Graduated Fixed Penalty Offences I5

Table 1

Section 96(11) Transport Act 1968(33)

(1) Nature of contravention or failure constituting the offence (2) Seriousness of offence and applicable level of deposit
[F34 £100F34] [F35 £200F35] [F36 £300F36]
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 1971(34) 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 [F37 £50F37]

Table 2

Section 96(11A) Transport Act 1968(35)

(1) Nature of contravention or failure constituting the offence (2) Seriousness of offence and applicable level of deposit
[F38 £100F38] [F39 £200F39] [F40 £300F40]
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
F41 15. Exceeding 9 hours daily driving, in contravention of ... 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
F41 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
[F42 16A. Exceeding the weekly driving time of 56 hours, in contravention of Article 6.2 of the AETRF42] 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 [F43accumulated driving time in any two consecutive weeks, in contravention of Article 6.3F43] 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 [F44regularF44] daily rest period in 24 hour period in contravention of [F45Articles 8.1 and 8.2F45] 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
F46 20. Insufficient reduced daily rest period ... in 24 hours period in contravention of [F47Articles 8.1 and 8.2F47] 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
F48 . . . F48 . . . F48 . . . F48 . . .
[F49 22. 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 restF49]
23. Failure to take daily rest period of [F50at least 12 hours in total F50] , where regular daily rest period is split [F51, as required by Article 1(o)(i) of the AETR and in contravention of Articles 8.1 and 8.2 of the AETRF51]

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

[F52 24. 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 F52] Less than [F539 hoursF53] but more than [F548 hoursF54] rest [F54 8 hoursF54] or less but more than [F557 hoursF55] rest [F55 7 hoursF55] or less rest
25. Insufficient regular weekly rest period, in contravention of [F56Articles 8.1 and 8.6(a)F56] 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
F57 . . . F57 . . . F57 . . . F57 . . .
F58 27. Insufficient reduced weekly rest period ..., in contravention of [F59Articles 8.1 and 8.6(a)F59] 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 [F60equivalent 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 AETRF60] 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 [F61 £50F61]

Table 3

Section 97(1) Transport Act 1968(36)

(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 [F62EU Tachographs RegulationF62] [F63 £300F63]
2. Failing to ensure correct functioning of recording equipment or driver card, in accordance with [F64article 32(1)F64] of that Regulation [F65 £100F65]
3. Failing to ensure the proper use of the recording equipment, in accordance with [F66article 32(1)F66] of that Regulation [F67 £200F67]
4. Failing to ensure the proper use of the driver card, in accordance with [F68article 32(1)F68] of that Regulation [F63 £300F63]
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 [F69the third paragraph of article 33(1)F69] of that Regulation [F67 £200F67]
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 [F70the second paragraph of article 33(1)F70] of that Regulation [F65 £100F65]
7. Using driver card of which the driver is not the holder, contrary to [F71article 27(2)F71] of that Regulation [F63 £300F63]
8. Using a defective driver card, contrary to [F72article 27(2)F72] of that Regulation [F65 £100F65]
9. Failure, at the start of the journey, to print out information required, etc, in accordance with [F73article 35(2)(a)F73] of that Regulation [F67 £200F67]
10. Failure, at the end of the journey, to print out the information required, etc, in accordance with [F74article 35(2)(b)F74] of that Regulation [F67 £200F67]
11. Failure to use record sheets or driver card, in accordance with [F75article 34(1)F75] of that Regulation [F63 £300F63]
12. Unauthorised withdrawal of record sheet or driver card, contrary to [F76article 34(1)F76] of that Regulation [F67 £200F67]
13. Failure to enter legibly on the record sheet, when away from the vehicle, periods of time, in accordance with [F77article 34(3)F77] of that Regulation [F67 £200F67]
14. Failure to amend record sheet or driver card as necessary when more than one driver on board the vehicle, in accordance with [F78article 34(4)F78] of that Regulation [F67 £200F67]
15. In all other cases [F79 £50F79]

[F80Table 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 £50F80]

Table 4

Section 41A Road Traffic Act 1988(37)

(1) Nature of contravention or the failure constituting the offence (2) Applicable level of deposit

1. [F81contravention, except in the case of a motor cycle, of regulation 27(1)(g)F81] (failure to have a tread pattern of at least 1 millimetre) of the Road Vehicles (Construction and Use) Regulations 1986(38)

[F82 £200F82]
2. In all other cases [F83 £100F83]

Table 5

Section 41B Road Traffic Act 1988

(1) Nature of contravention or failure constituting the offence (2) Applicable level of deposit
[F84 £100F84] [F85 £200F85] [F86 £300F86]
1. Exceeding maximum authorised weight of vehicle, contrary to regulation 4(1)(a) of, and Schedule 1 to, the Road Vehicles (Authorised Weight) Regulations 1998(39) 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 1986(40) 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 [F87 £50F87]

Table 6

Section 42 Road Traffic Act 1988(41)

(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 Regulations(42)

[F88 £200F88]

2. Failure to meet requirements regarding speed limiters, in accordance with regulation 36B(6) of the Road Vehicles (Construction and Use) Regulations 1986(43)

[F88 £200F88]

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

[F89 £100F89]

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

[F89 £100F89]

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

[F89 £100F89]
[F90 6. 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 offenceF90]

[F91Table 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 [F92 2(1) or 3(2)F92] 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 F93 ... 3(1) or 4(1) of the Heavy Commercial Vehicles in Kent (No. 2) Order 2019 £300F91]
(1)

1988 c.53. Sections 90B and 90E were inserted by section 11 of the Road Safety Act 2006 (c.49).

(2)

Cmnd 7401. Amendments are published in Cmnd 8572, Cmnd 9037, Cm 1776, Cm 3042 and Cm 3135. A consolidated version of the Agreement, including all amendments, is available from http://www.unece.org/trans/doc/2006/sc1/ECE-TRANS-SC1-2006-02e.pdf.

(3)

1968 c.73. Section 97 was substituted by S.I. 1979/1746 and subsection (7) was further amended by S.I. 2005/1904, 2006/1117 and 2006/3276.

(4)

Section 103(1) was amended by S.I. 2007/1819; there are other amendments but none is relevant.

(5)

1968 c.73. Section 98(4) was first amended by paragraph 9(2) of Schedule 4 to the European Communities Act 1972 (c.68). It was subsequently amended by section 2(1) of the Road Traffic (Drivers’ Ages and Hours of Work) Act 1976 (c.3), sections 38 and 46 of the Criminal Justice Act 1982 (c.48) in respect of England and Wales, and by sections 289F and 289G of the Criminal Procedure (Scotland) Act 1975 (c.21) (as inserted by section 54 of the Criminal Justice Act 1982) in respect of Scotland.

(6)

Section 99(4) was amended by sections 38 and 46 of the Criminal Justice Act 1982 in respect of England and Wales, and by sections 289F and 289G of the Criminal Procedure (Scotland) Act 1975 (as inserted by section 54 of the Criminal Justice Act 1982) in respect of Scotland.

(7)

Section 99ZD(1) was inserted by S.I. 2005/1904.

(8)

Section 99C was inserted by section 266 of the Transport Act 2000 (c.38).

(9)

1972 c.27. Section 3(1) was amended, in relation to England and Wales, by sections 39(2) and 46 of, and Schedule 2 to, the Criminal Justice Act 1982, and, in relation to Scotland, by section 3 of and paragraph 10 of Schedule 1 and Part III of Schedule 2 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40).

(10)

1981 c.14. Section 12(5) was amended, in relation to England and Wales, by sections 38 and 46 of the Criminal Justice Act 1982 and, in relation to Scotland, by sections 289F and 289G of the Criminal Procedure (Scotland) Act 1975 (as inserted by section 54 of the Criminal Justice Act 1982).

(11)

1984 c.27. Section 11(1) was numbered as such by section 65(3) of the Road Traffic Act 1991 (c. 40).

(12)

1988 c.52.

(13)

Section 15(2) was amended by S.I. 2006/1892.

(14)

Section 15(4) was amended by S.I. 1992/3105.

(15)

Section 22 was amended by paragraph 48 of Schedule 4 to the Road Traffic Act 1991.

(16)

Section 34(1) was substituted by paragraph 5 of Schedule 7 to the Countryside and Rights of Way Act 2000 (c.37).

(17)

Section 35(1) was amended by section 6(2)(a) of the Traffic Management Act 2004 (c.18).

(18)

Section 35(2) was amended by section 6(2)(b) of the Traffic Management Act 2004.

(19)

S.I. 2002/3113, to which there are amendments not relevant to this Order.

(20)

Section 40A was inserted by section 8(1) of the Road Traffic Act 1991.

(21)

Section 41D was inserted by section 26(1) of the Road Safety Act 2006.

(22)

Section 71 was substituted by section 14 of the Road Traffic Act 1991.

(23)

Section 87(1) was amended by section 17(1) of the Road Traffic Act 1991.

(24)

Section 163(1) was amended by paragraph 67 of Schedule 4 to the Road Traffic Act 1991. It was further amended by section 6(4) of the Traffic Management Act 2004.

(25)

Section 90D was inserted by section 11 of the Road Safety Act 2006.

(26)

1994 c.22.

(27)

1995 c.23. Section 2(5) was amended by section 261 of the Transport Act 2000.

(28)

S.I. 1984/748.

(29)

S.I. 1992/3077.

(30)

S.I. 1999/1322.

(31)

S.I. 1999/3413, to which there are amendments not relevant to this Order.

(32)

S.I. 2007/605, as amended by S.I. 2008/1965; there are other amendments but none is relevant to this Order.

(33)

Section 96(11) was first amended by section 2(1)(e) and (f) of the Road Traffic (Drivers’ Ages and Hours of Work) Act 1976 (c.3). It was subsequently amended by sections 38 and 46 of the Criminal Justice Act 1982 in respect of England and Wales, and by sections 289F and 289G of the Criminal Procedure (Scotland) Act 1975 (as inserted by section 54 of the Criminal Justice Act 1982) in respect of Scotland.

(34)

S.I. 1971/818.

(35)

Section 96(11A) was inserted by paragraph 9(2)(a) of Schedule 4 to the European Communities Act 1972. It was subsequently amended by section 2(1)(c) of the Road Traffic (Drivers’ Ages and Hours of Work) Act 1976, and by sections 38 and 46 of the Criminal Justice Act 1982 in respect of England and Wales, and by sections 289F and 289G of the Criminal Procedure (Scotland) Act 1975 (as inserted by section 54 of the Criminal Justice Act 1982) in respect of Scotland. It was further amended by S.I 1986/1457 and 2007/1819.

(36)

Section 97 was substituted by S.I. 1979/1746 and subsection (1) was then subsequently substituted by S.I. 1984/144; it was amended by S.I. 1986/1457, 1989/2121 and 2005/1904.

(37)

Section 41A was substituted, together with sections 41B and 42, for section 42 as originally enacted, by section 8(2) of the Road Traffic Act 1991.

(38)

S.I. 1986/1078. There are no relevant amendments.

(39)

S.I. 1998/3111, as amended by S.I. 2000/3224 and 2001/1125.

(40)

S.I. 1986/1078, as amended by S.I. 1987/676, 1992/2016, 1994/329, 1997/1096, 1998/3112; there are other amendments to these Regulations but none are relevant for the purposes of table 5 to this Schedule.

(41)

Section 42 was substituted by section 8(2) of the Road Traffic Act 1991, and was subsequently amended by section 26(2) of the Road Safety Act 2006.

(42)

S.I. 1986/1078, as amended by S.I. 1988/271; regulation 36A was then substituted by S.I. 1993/3048 and further amended by S.I. 1997/1340, 2004/2102, and 2005/3170.

(43)

S.I. 1986/1078; regulation 36B was inserted by S.I. 1991/1527 and then substituted by S.I. 1993/3048 and further amended by S.I. 1994/329, 1996/2064, 2003/1946, 2004/2102, and 2005/3170. There are other amendments but none are relevant.

Status: There are currently no known outstanding effects for The Road Safety (Financial Penalty Deposit) (Appropriate Amount) Order 2009.
The Road Safety (Financial Penalty Deposit) (Appropriate Amount) Order 2009 (2009/492)
Version from: 1 February 2025

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
F1 Words in art. 1(2) omitted (2.3.2016) by The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248), regs. 1(2), 22(2) omitted
F2 Words in art. 1(2) inserted (2.3.2016) by virtue of The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248), regs. 1(2), 22(2) inserted
F3 Words in art. 1(2) inserted (2.10.2014) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) (No. 2) Order 2014 (S.I. 2014/2766), arts. 1(1), 2(2) (with art. 1(3)) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F4 Sum in art. 2(1)(c) substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 2(2) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F5 Sum in art. 2(2) substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 2(3) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F6 Sum in Sch. 1 Pt. 1 Table 1 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 3(2) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F7 Sum in Sch. 1 Pt. 1 Table 2 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 3(3) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F8 Sum in Sch. 1 Pt. 1 Table 3 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 3(4) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F9 Sch. 1 Pt. 1 Table 4 Items 1-5 substituted (2.10.2014) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) (No. 2) Order 2014 (S.I. 2014/2766), arts. 1(1), 3(2) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F10 Sum in Sch. 1 Pt. 1 Table 4 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 3(5) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F11 Sum in Sch. 1 Pt. 1 Table 4 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 3(6) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F12 Words in Sch. 1 Pt. 1 Table 5 inserted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 3(7) (with art. 1(3)) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F13 Sum in Sch. 1 Pt. 1 Table 5 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 3(8) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F14 Sum in Sch. 1 Pt. 1 Table 5 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 3(9) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F15 Sum in Sch. 1 Pt. 1 Table 5 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 3(10) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F16 Sum in Sch. 1 Pt. 1 Table 6 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 3(11) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F17 Sum in Sch. 1 Pt. 1 Table 7 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 3(12) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F18 Words in Sch. 1 Pt. 1 Table 7 inserted (1.2.2011) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2010 (S.I. 2010/3016), arts. 1(1), 2(3)(b) (with art. 1(3)) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F19 Sum in Sch. 1 Pt. 1 Table 8 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 3(13) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F20 Sch. 1 Pt. 1 Table 9 inserted (1.4.2014) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2014 (S.I. 2014/802), at. 2(2) inserted
F21 Sch. 1 Pt. 1 Table 10 inserted (1.1.2019) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2018 (S.I. 2018/1233), arts. 1(3), 3 inserted
F22 Sum in Sch. 1 Pt. 2 Table 1 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 3(14) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F23 Sum in Sch. 1 Pt. 2 Table 2 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 3(15) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F24 Sum in Sch. 1 Pt. 2 Table 2 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 3(16) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F25 Sum in Sch. 1 Pt. 2 Table 3 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 3(17) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F26 Sum in Sch. 1 Pt. 2 Table 3 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 3(18) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F27 Sum in Sch. 1 Pt. 2 Table 4 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 3(19) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F28 Sum in Sch. 1 Pt. 2 Table 4 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 3(20) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F29 Word in Sch. 1 Pt. 2 Table 5 inserted (3.12.2024 except in so far as it relates to national return to driving courses, 1.2.2025 in so far as not already in force) by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2024 (S.I. 2024/1160), regs. 1(2)(3), 22(2) (with reg. 26) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F30 Sum in Sch. 1 Pt. 2 Table 5 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 3(21) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F31 Sch. 1 Pt. 2 Table 6 inserted (1.1.2019) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2018 (S.I. 2018/1233), arts. 1(2), 4 inserted
F32 Sch. 1 Pt. 2 Table 7 inserted (28.3.2019) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2018 (S.I. 2018/1233), arts. 1(4), 5 inserted
F33 Sch. 1 Pt. 2 Table 8 inserted (31.10.2019) by The Heavy Commercial Vehicles in Kent (No. 1) Order 2019 (S.I. 2019/1388), arts. 1(b), 3(2) inserted
F34 Sum in Sch. 2 Table 1 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 4(2)(a) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F35 Sum in Sch. 2 Table 1 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 4(2)(b) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F36 Sum in Sch. 2 Table 1 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 4(2)(c) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F37 Sum in Sch. 2 Table 1 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 4(3) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F38 Sum in Sch. 2 Table 2 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 4(2)(a) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F39 Sum in Sch. 2 Table 2 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 4(2)(b) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F40 Sum in Sch. 2 Table 2 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 4(2)(c) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F41 Words in Sch. 2 Table 2 omitted (26.3.2019) by virtue of The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 30(2)(a) (with reg. 114) this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary. omitted
F42 Sch. 2 Table 2 Item 16A inserted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 30(2)(b) inserted
F43 Words in Sch. 2 Table 2 substituted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 30(2)(c) substituted
F44 Word in Sch. 2 Table 2 inserted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 30(2)(d)(i) inserted
F45 Words in Sch. 2 Table 2 substituted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 30(2)(d)(ii) substituted
F46 Words in Sch. 2 Table 2 omitted (26.3.2019) by virtue of The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 30(2)(e)(i) (with reg. 114) this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary. omitted
F47 Words in Sch. 2 Table 2 substituted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 30(2)(e)(ii) substituted
F48 Sch. 2 Table 2 Item 21 omitted (26.3.2019) by virtue of The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 30(2)(f) (with reg. 114) this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary. omitted
F49 Sch. 2 Table 2 Items 22, 22A substituted for Table 2 Item 22 (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 30(2)(g) substituted
F50 Words in Sch. 2 Table 2 substituted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 30(2)(h)(i) substituted
F51 Words in Sch. 2 Table 2 inserted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 30(2)(h)(ii) inserted
F52 Words in Sch. 2 Table 2 substituted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 30(2)(i)(i) substituted
F53 Words in Sch. 2 Table 2 substituted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 30(2)(i)(ii) substituted
F54 Words in Sch. 2 Table 2 substituted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 30(2)(i)(iii) substituted
F55 Words in Sch. 2 Table 2 substituted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 30(2)(i)(iv) substituted
F56 Words in Sch. 2 Table 2 substituted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 30(2)(j) substituted
F57 Sch. 2 Table 2 Item 26 omitted (26.3.2019) by virtue of The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 30(2)(k) (with reg. 114) this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary. omitted
F58 Words in Sch. 2 Table 2 omitted (26.3.2019) by virtue of The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 30(2)(l)(i) (with reg. 114) this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary. omitted
F59 Words in Sch. 2 Table 2 substituted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 30(2)(l)(ii) substituted
F60 Words in Sch. 2 Table 2 substituted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 30(2)(m) substituted
F61 Sum in Sch. 2 Table 2 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 4(3) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F62 Words in Sch. 2 Table 3 entry 1 substituted (2.3.2016) by The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248), regs. 1(2), 22(3)(a) substituted
F63 Sum in Sch. 2 Table 3 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 4(4)(a) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F64 Words in Sch. 2 Table 3 entry 2 substituted (2.3.2016) by The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248), regs. 1(2), 22(3)(b) substituted
F65 Sum in Sch. 2 Table 3 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 4(4)(b) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F66 Words in Sch. 2 Table 3 entry 3 substituted (2.3.2016) by The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248), regs. 1(2), 22(3)(b) substituted
F67 Sum in Sch. 2 Table 3 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 4(4)(c) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F68 Words in Sch. 2 Table 3 entry 4 substituted (2.3.2016) by The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248), regs. 1(2), 22(3)(b) substituted
F69 Words in Sch. 2 Table 3 entry 5 substituted (2.3.2016) by The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248), regs. 1(2), 22(3)(c) substituted
F70 Words in Sch. 2 Table 3 entry 6 substituted (2.3.2016) by The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248), regs. 1(2), 22(3)(d) substituted
F71 Words in Sch. 2 Table 3 entry 7 substituted (2.3.2016) by The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248), regs. 1(2), 22(3)(e) substituted
F72 Words in Sch. 2 Table 3 entry 8 substituted (2.3.2016) by The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248), regs. 1(2), 22(3)(e) substituted
F73 Words in Sch. 2 Table 3 entry 9 substituted (2.3.2016) by The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248), regs. 1(2), 22(3)(f) substituted
F74 Words in Sch. 2 Table 3 entry 10 substituted (2.3.2016) by The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248), regs. 1(2), 22(3)(g) substituted
F75 Words in Sch. 2 Table 3 entry 11 substituted (2.3.2016) by The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248), regs. 1(2), 22(3)(h) substituted
F76 Words in Sch. 2 Table 3 entry 12 substituted (2.3.2016) by The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248), regs. 1(2), 22(3)(h) substituted
F77 Words in Sch. 2 Table 3 entry 13 substituted (2.3.2016) by The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248), regs. 1(2), 22(3)(i) substituted
F78 Words in Sch. 2 Table 3 entry 14 substituted (2.3.2016) by The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248), regs. 1(2), 22(3)(j) substituted
F79 Sum in Sch. 2 Table 3 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 4(4)(d) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F80 Sch. 2 Table 3A inserted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 30(3) inserted
F81 Words in Sch. 2 Table 4 substituted (1.2.2011) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2010 (S.I. 2010/3016), arts. 1(1), 3 (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F82 Sum in Sch. 2 Table 4 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 4(5)(a) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F83 Sum in Sch. 2 Table 4 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 4(5)(b) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F84 Sum in Sch. 2 Table 5 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 4(2)(a) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F85 Sum in Sch. 2 Table 5 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 4(2)(b) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F86 Sum in Sch. 2 Table 5 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 4(2)(c) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F87 Sum in Sch. 2 Table 5 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 4(3) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F88 Sum in Sch. 2 Table 6 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 4(6)(a) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F89 Sum in Sch. 2 Table 6 substituted (16.8.2013) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 (S.I. 2013/2025), arts. 1(1), 4(6)(b) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F90 Sch. 2 Table 6 Item 6 substituted (2.10.2014) by The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) (No. 2) Order 2014 (S.I. 2014/2766), arts. 1(1), 4(2) (with art. 1(3)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F91 Sch. 2 Tables 7, 8 inserted (31.10.2019) by The Heavy Commercial Vehicles in Kent (No. 1) Order 2019 (S.I. 2019/1388), arts. 1(b), 3(3) inserted
F92 Words in Sch. 2 Table 7 substituted (31.10.2021) by The Heavy Commercial Vehicles in Kent (No. 1) (Amendment) Order 2021 (S.I. 2021/1206), arts. 1(b), 3(2)(a) substituted
F93 Word in Sch. 2 Table 8 omitted (31.10.2021) by virtue of The Heavy Commercial Vehicles in Kent (No. 1) (Amendment) Order 2021 (S.I. 2021/1206), arts. 1(b), 3(2)(b) omitted
I1 Art. 1 in force at 31.3.2009, see art. 1(1)
I2 Art. 2 in force at 31.3.2009, see art. 1(1)
I3 Sch. 1 Pt. 1 in force at 31.3.2009, see art. 1(1)
I4 Sch. 1 Pt. 2 in force at 31.3.2009, see art. 1(1)
I5 Sch. 2 in force at 31.3.2009, see art. 1(1)
Defined Term Section/Article ID Scope of Application
fixed penalty offence art. 1. def_24b4211fd1
graduated fixed penalty offence art. 1. def_6f0d4b9b2e
parking offence art. 1. def_1c5343b0b0
red route art. 1. def_9e5bd0eb49
the AETR art. 1. def_79ca98e13a
the EC Regulation art. 1. def_7d92d07614
the EU Tachographs Regulation art. 1. def_6367bea853
traffic sign art. 1. def_e21c54af16

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.

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