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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( 1 );

F1...

“the EC Regulation” means the Community Drivers Hours Regulation as defined in section 103(1) of the Transport Act 1968 ( 3 );

[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(2), 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(3) 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

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: 2 March 2016

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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
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)
Defined Term Section/Article ID Scope of Application
fixed penalty offence 1. def_21fa5f4e38
graduated fixed penalty offence 1. def_3f5af42c87
parking offence 1. def_9da7ae251d
red route 1. def_014ca80a73
the AETR 1. def_79f5ff12c6
the EC Regulation 1. def_a3427a2d85
the EU Tachographs Regulation 1. def_ab79ea3935
traffic sign 1. def_abcac15e56

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