The Road Traffic (Financial Penalty Deposit) (Appropriate Amount) Order (Northern Ireland) 2012

Citation, commencement and interpretation N.I.

1.—(1) This Order may be cited as the Road Traffic (Financial Penalty Deposit) (Appropriate Amount) Order (Northern Ireland) 2012 and shall come into operation on 23^rd April 2012.

(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 M1 ;

“Authorised Weight Regulations” means the Motor Vehicles (Authorised Weight) Regulations (Northern Ireland) 1999 M2 ;

F1 ...

“the Construction and Use Regulations” means the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 M3 ;

“the Drivers' Hours Regulations” means the Vehicles (Drivers' Hours of Duty) Regulations (Northern Ireland) 1991 M4 ;

“the EC Regulation” means Regulation (EC) No. 561/2006 of the European Parliament and of the Council M5 as amended from time to time;

[F2 “the EU Tachographs Regulation” means Regulation (EU) No. 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, as read with the Community Drivers’ Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations (Northern Ireland) 2009;]

“fixed penalty offence” means an offence listed in Schedule 1; and

“graduated fixed penalty offence” means an offence listed in Schedule 2.

Textual Amendments

F1 Words in Art. 1(2) omitted (31.10.2016) by virtue of The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/343), regs. 1(1), 7(2)

F2 Words in Art. 1(2) inserted (31.10.2016) by The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/343), regs. 1(1), 7(2)

Marginal Citations

M1 Cmnd 7401. Amendments are published in Cmnd 8572, Cmnd 9037, Cm 1776, Cm 3042 and Cm 3135. A consolidated version of the Agreement, including all amendments, is available from http://www.unece.org/trans/doc/2006/sc1/ECE-TRANS-SC1-2006-02e.pdf.

M2 S.R. 1999 No. 258

M3 S.R. 1999 No. 454

M4 S.R. 1991 No. 144

M5 O.J. No. L102, 11.04.06, p. 1.

The appropriate amount N.I.

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, £300.

(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 £900.

Sealed with the Official Seal of the Department of the Environment on 26^th January 2012

L.S.

Deirdre Kenny

A senior officer of the

Department of the Environment