Statutory Instruments
2018 No. 1233
Road Traffic
The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2018
Made
26th November 2018
Coming into force in accordance with article 1(2), (3) and (4)
The Secretary of State, in exercise of the powers conferred by sections 90B(2) and 90E(3) of the Road Traffic Offenders Act 1988( 1 ), makes the following Order.
The Secretary of State has consulted with such representative organisations as appeared appropriate, as required by section 90E(2) of the Road Traffic Offenders Act 1988, and a draft of this Order has been approved by a resolution of each House of Parliament in accordance with section 90E(4) of that Act.
Citation and commencement
1. —(1) This Order may be cited as the Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2018.
(2) Articles 1, 2 and 4 come into force on 1st January 2019.
(3) Article 3 comes into force on 1st January 2019 or, if later, the day appointed by the Secretary of State under section 27(2) of the Haulage Permits and Trailer Registration Act 2018( 2 ) for section 8 of that Act to come into force for all purposes.
(4) Article 5 comes into force on 28th March 2019.
Interpretation
2. In this Order, “the 2009 Order” means the Road Safety (Financial Penalty Deposit) (Appropriate Amount) Order 2009( 3 ).
Amendments relating to appropriate amounts for financial penalty deposits
3. In Part 1 (primary legislation) of Schedule 1 to the 2009 Order, after Table 9 (The HGV Road User Levy Act 2013), insert—
“ Table 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 | £300 ” |
4. In Part 2 (secondary legislation) of Schedule 1 to the 2009 Order, after Table 5 (The Vehicle Drivers (Certificate of Professional Competence) Regulations 2007), insert—
“ Table 6
The Goods Vehicles (Community Licences) Regulations 2011 ( 4 )
| (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 | £100 ” |
5. In Part 2 (secondary legislation) of Schedule 1 to the 2009 Order, after Table 6 (The Goods Vehicles (Community Licences) Regulations 2011), insert—
“ Table 7
The Trailer Registration Regulations 2018 ( 5 )
| (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 | £300 ” |
Signed by authority of the Secretary of State for Transport
Jesse Norman
Minister of State
Department for Transport
26th November 2018
1988 c. 53 ; Part 3A, which includes sections 90B and 90E, was inserted by the Road Safety Act 2006 (c. 49) , section 11.
S.I. 2009/492 , amended by S.I. 2014/802 ; there are other amending instruments but none is relevant.