The Fixed Penalty Offences Order 2009

Citation and Commencement

1.  This Order may be cited as the Fixed Penalty Offences Order 2009 and shall come into force on 31st March 2009.

Amendment of the Road Traffic Offenders Act 1988

2.  The following offences are fixed penalty offences for the purposes of Part 3 of the Road Traffic Offenders Act 1988—

(a) an offence under section 96(11) of the Transport Act 1968(1);

(b) an offence under section 96(11A) of the Transport Act 1968(2);

(c) an offence under section 97(1) of the Transport Act 1968(3);

(d) an offence under section 98(4) of the Transport Act 1968(4);

(e) an offence under section 99C of the Transport Act 1968(5);

(f) an offence under section 3(1) of the Road Traffic (Foreign Vehicles) Act 1972 (6);

(g) an offence under section 12(5) of the Public Passenger Vehicles Act 1981(7);

(h) an offence under regulation 19(1) of the Road Transport (International Passenger Services) Regulations 1984(8);

(i) an offence under regulation 19(2) of the Road Transport (International Passenger Services) Regulations 1984;

(j) an offence under section 71(1) of the Road Traffic Act 1988(9);

(k) an offence under section 90D of the Road Traffic Offenders Act 1988(10);

(l) an offence under regulation 3 of the Goods Vehicles (Community Authorisations) Regulations 1992(11);

(m) an offence under regulation 7 of the Goods Vehicles (Community Authorisations) Regulations 1992;

(n) an offence under section 34 of the Vehicle Excise and Registration Act 1994(12);

(o) an offence under section 2(5) of the Goods Vehicles (Licensing of Operators) Act 1995 (13);

(p) an offence under regulation 3 of the Public Service Vehicles (Community Licences) Regulations 1999(14);

(q) an offence under regulation 7 of the Public Service Vehicles (Community Licences) Regulations 1999;

(r) an offence under regulation 3 of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999(15);

(s) an offence under regulation 4 of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999;

(t) an offence under regulation 7(1) of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999;

(u) an offence under regulation 7(3) of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999; and

(v) an offence under regulation 11(7) of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007(16).

3.—(1) The offences specified in paragraph (2) are fixed penalty offences for the purposes of Part 3 of the Road Traffic Offenders Act 1988 but subject to the limitation or exception in that paragraph in relation to each offence.

(2) The offences referred to in paragraph (1) are—

(a) an offence under section 99(4) of the Transport Act 1968(17), but only insofar as the offence relates to—

(i) failing to comply with a requirement under section 99(1)(a); or

(ii) obstructing an officer in the exercise of his powers under 99(2)(a) or 99(3); and

(b) an offence under section 99ZD(1) of the Transport Act 1968(18), except where that offence is committed by—

(i) failing to sign a hard copy of downloaded data when required to do so under section 99ZC(1); or

(ii) obstructing an officer in the exercise of powers under section 99ZF.

4.  In consequence of the provisions of articles 2 and 3, Schedule 3 to the Road Traffic Offenders Act 1988(19) is amended in accordance with the Schedule.

Signed by authority of the Secretary of State for Transport

Jim Fitzpatrick

Parliamentary Under Secretary of State

Department for Transport

5th March 2009