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This Statutory Instrument has been made in consequence of a defect in S.I. 2013/2025 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2014 No. 2766

Road Traffic

The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) (No. 2) Order 2014

Made

1st October 2014

Coming into force in accordance with article 1

The Secretary of State for Transport makes the following Order in exercise of the powers conferred by sections 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 laid before, and approved by a resolution of, each House of Parliament in accordance with section 90E(4) of that Act.

Citation, commencement, interpretation and application

1. —(1) This Order may be cited as the Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) (No. 2) Order 2014 and comes into force on the day after the day on which it is made.

(2) In this Order, “the Principal Order” means the Road Safety (Financial Penalty Deposit) (Appropriate Amount) Order 2009( 2 ).

(3) This Order applies in relation to an offence alleged to have been committed on or after the day on which this Order comes into force.

Amendment of article 1

2. —(1) Article 1 of the Principal Order (citation, commencement and interpretation) is amended as follows.

(2) In article 1(2) insert the following definitions at the appropriate alphabetical position—

“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 ( 5 ) ;

“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

“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. .

Amendment of Schedule 1

3. —(1) Schedule 1 to the Principal Order (deposits for fixed penalty offences) is amended as follows.

(2) In Part 1, in table 4, for items 1, 2, 3, 4 and 5( 6 ) substitute—

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 offence

Amendment of Schedule 2

4. —(1) Schedule 2 to the Principal Order (deposits for graduated fixed penalty offences) is amended as follows.

(2) In table 6, for item 6( 7 ) substitute—

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 offence

Signed by authority of the Secretary of State for Transport

Robert Goodwill

Parliamentary Under Secretary of State

Department for Transport

1st October 2014

( 1 )

1988 c.53 ; Part 3A (which includes sections 90B and 90E) was inserted by section 11 of the Road Safety Act 2006 (c.49) .

( 3 )

1984 c. 27 .

( 4 )

1988 c. 52 ; as amended by sections 18(3) and 26(2) of the Road Safety Act 2006. Section 42 was substituted for section 42 as originally enacted by section 8(2) of the Road Traffic Act 1991 c. 40 .

( 5 )

S.I. 1986/1078 , to which there are amendments not relevant to this Order.

( 6 )

Items 1, 2, 3, 4 and 5 were amended by S.I. 2013/2025 .

( 7 )

Item 6 was amended by S.I. 2013/2025 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) (No. 2) Order 2014 (2014/2766)

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