The Fixed Penalty Offences Order 2013

Statutory Instruments

2013 No. 1565

Criminal Law, England And Wales

Criminal Law, Scotland

The Fixed Penalty Offences Order 2013

Made

26th June 2013

Laid before Parliament

28th June 2013

Coming into force in accordance with article 1

This Order is made in exercise of the powers conferred by section 51(3) of the Road Traffic Offenders Act 1988(1).

The Secretary of State has consulted with such representative organisations as appear appropriate in accordance with section 88(2) of that Act.

Accordingly, the Secretary of State makes the following Order:

Citation and commencement

1.  This Order may be cited as the Fixed Penalty Offences Order 2013 and comes into force on the day after the day of making of an order entitled the Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2013 contained in a draft instrument laid before Parliament on 5th June 2013.

Amendment of the Road Traffic Offenders Act 1988

2.  The offence under section 3 of the Road Traffic Act 1988(2) (careless, and inconsiderate, driving) is a fixed penalty offence for the purposes of Part 3 of the Road Traffic Offenders Act 1988.

3.  In Schedule 3 to the Road Traffic Offenders Act 1988, before the entry relating to section 14 of the Road Traffic Act 1988, insert—

“RTA section 3

Driving mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration.”

Signed by authority of the Secretary of State for Transport

Stephen Hammond

Parliamentary Under Secretary of State

Department for Transport

26th June 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for the offence of 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 place to be a fixed penalty offence for the purposes of the Road Traffic Offenders Act 1988 (“the Act”). Article 3 of the Order inserts a reference to that offence in Schedule 3 to the Act, which lists those offences that are fixed penalty offences for the purposes of Part 3 of the Act.

An impact assessment of the effect this instrument will have on the costs of the business and voluntary sectors has been produced and is available from the Road User Licensing, Insurance and Safety Division, Department for Transport, Great Minster House, 33 Horseferry Road, London SW1P 4DR (telephone [phone]). The impact assessment and an Explanatory Memorandum are available alongside the instrument on the UK Legislation website, www.legislation.gov.uk.

(1)

1988 c.53.

(2)

1988 c.52. Section 3 was substituted by section 2 of the Road Traffic Act 1991 (c.40).