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

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Article 2(1)(b)

SCHEDULE 2N.I.Deposits for Graduated Fixed Penalty Offences

This schedule has no associated Explanatory Memorandum

Table 1

Articles 56(3) & 63 of the Road Traffic (Northern Ireland) Order 1981 M1

(1) Nature of contravention or failure constituting the offence(2) Seriousness of offence and applicable level of deposit
£60£120£200
1. Driving a vehicle or vehicles for more than 10 hours, contrary to Article 56(1)(b) of the Road Traffic (Northern Ireland) Order 1981 and regulation 5 of the Drivers' Hours RegulationsMore than 10 hours but less than 11 hours driving11 hours or more but less than 12 hours driving12 hours or more driving
2. Failure to take an interval for rest and refreshment, contrary to Article 56(1)(a) of the Road Traffic (Northern Ireland) Order 1981 and regulation 4 of the Drivers' Hours RegulationsBeing on duty for up to 1 hour beyond the required breakBeing on duty for 1 hour or more, but less than 2 hours, beyond the required breakBeing on duty for 2 hours or more beyond the required break
3. Failing to take a daily rest period between two successive working days, contrary to Article 56(1)(c) of the Road Traffic (Northern Ireland) Order 1981 and regulation 6(1) of the Drivers' Hours RegulationsLess than 10 hours but more than 9 hours daily rest9 hours or less but more than 8 hours daily rest8 hours or less daily rest
4. Failing to take a daily rest period between two successive working days by a driver of a passenger vehicle to which Article 56 (1)(c) of the Road Traffic (Northern Ireland) Order 1981 and regulation 6(2) of the Drivers' Hours RegulationsLess than 10 hours but more than 9 hours daily rest (or, in the case of a reduced daily rest period, less than 8.5 hours but more than 7.5 hours daily rest)9 hours or less but more than 8 hours daily rest (or, in the case of a reduced daily rest period, 7.5 hours or less but more than 6.5 hours daily rest)8 hours or less daily rest (or, in the case of a reduced daily rest period, 6.5 hours or less daily rest)
5. Failing to take a daily rest period between two successive working days by a driver of a goods vehicle to which Article 56(1) of the Road Traffic (Northern Ireland) Order 1981 and regulation 6(1) of the Drivers' Hours RegulationsLess than 10 hours but more than 9 hours daily rest9 hours or less but more than 8 hours daily rest8 hours or less daily rest
6. In all other cases£30

Marginal Citations

M1S.I. 1981/154 (N.I. 1); Article 63 was amended by S.R. 1981 No. 199

Table 2

Article 81(1) of the Road Traffic (Northern Ireland) Order 1981 M2

(1) Nature of contravention or failure constituting the offence(2) Seriousness of offence and applicable level of deposit
£60£120£200
1. Exceeding 9 hours daily driving, in contravention of paragraph 1 of Article 6(1) of the EC RegulationMore than 9 hours but less than 10 hours driving10 hours or more but less than 11 hours driving11 hours or more driving
2. Exceeding 10 hours daily driving, in contravention of paragraph 2 of Article 6(1) of the EC RegulationMore than 10 hours but less than 11 hours driving11 hours or more but less than 12 hours driving12 hours or more driving
3. Exceeding the weekly driving time of 56 hours, in contravention of Article 6(2) of the EC RegulationMore than 56 hours but less than 58 hours driving58 hours or more but less than 59 hours driving59 hours or more driving
4. Exceeding 90 hours accumulated driving time in any two consecutive weeks, in contravention of Article 6(3) of the EC RegulationMore than 90 hours but less than 93 hours driving93 hours or more but less than 94 hours driving94 hours or more driving
5. Exceeding 4.5 hours driving without a break, in contravention of Article 7 of the EC RegulationMore than 4.5 hours but less than 5.5 hours driving5.5 hours or more but less than 6.5 hours driving6.5 hours or more driving
6. Insufficient regular daily rest period in 24 hour period, in contravention of Articles 8(1) and 8(2) of the EC RegulationLess than 11 hours but more than 10 hours daily rest10 hours or less but more than 9 hours daily rest9 hours or less daily rest
7. Insufficient reduced daily rest period in 24 hour period, in contravention of Articles 8(1) and 8(2) of the EC RegulationLess than 9 hours but more than 8 hours daily rest8 hours or less but more than 7 hours daily rest7 hours or less daily rest
8. Failure to take first rest of at least 3 consecutive hours where daily rest period is split, as required by the first indent of Article 4(g) of the EC Regulation and in contravention of Articles 8(1) and 8(2) of that RegulationLess than 3 hours but more than 2 hours rest2 hours or less but more than 1 hours rest1 hour or less rest
9. Failure to take second rest of at least 9 consecutive hours where daily rest period is split, as required by the first indent of Article 4(g) of the EC Regulation, and in contravention of Articles 8(1) and 8(2) of that RegulationLess than 9 hours but more than 8 hours rest8 hours or less but more than 7 hours rest7 hours or less rest
10. Failure to take daily rest period of at least 12 hours in total, where regular daily rest period is split, as required by the first indent of Article 4(g) of the EC Regulation and in contravention of Articles 8(1) and 8(2) of that RegulationLess than 12 hours but more than 11 hours rest11 hours or less but more than 10 hours rest10 hours or less rest
11. Insufficient rest in 30 hour period by a driver engaged in multi-manning, in contravention of Articles 8(1) and 8(5) of the EC RegulationLess than 9 hours but more than 8 hours rest8 hours or less but more than 7 hours rest7 hours or less rest
12. Insufficient regular weekly rest period, in contravention of Articles 8(1) and (6) of the EC RegulationLess than 45 hours but more than 43 hours weekly rest43 hours or less but more than 42 hours weekly rest42 hours or less weekly rest
13. Insufficient reduced weekly rest period, in contravention of Articles 8(1) and (6) of the EC RegulationLess than 24 hours but more than 22 hours rest22 hours or less but more than 21 hours rest21 hours or less rest
14. Failure to take equivalent period of compensatory rest before the end of the third week where reduced weekly rest period has been taken, as required by the second indent of Article 8(6) of the EC RegulationUp to 3 hours less rest than required3 hours or more but less than 4 hours less rest than required4 hours or more less rest than required
15. Exceeding 9 hours daily driving, in contravention of F1... Article 6.1 of the AETRMore than 9 hours but less than 10 hours driving10 hours or more but less than 11 hours driving11 hours or more driving
16. Exceeding 10 hours daily driving (where permitted), in contravention of F1... Article 6.1 of the AETRMore than 10 hours but less than 11 hours driving11 hours or more but less than 12 hours driving12 hours or more driving
[F216A. Exceeding the weekly driving time of 56 hours, in contravention of Article 6.2 of the AETRMore than 56 hours but less than 58 hours driving58 hours or more but less than 59 hours driving59 hours or more driving]
17. Exceeding 90 hours [F3accumulated driving time in any two consecutive weeks, in contravention of Article 6.3] of the AETRMore than 90 hours but less than 93 hours driving93 hours or more but less than 94 hours driving94 hours or more driving
18. Exceeding 4.5 hours driving without a break, in contravention of Article 7.1 of the AETRMore than 4.5 hours but less than 5.5 hours driving5.5 hours or more but less than 6.5 hours driving6.5 hours or more driving
19. Insufficient [F4regular] daily rest period in 24 hour period in contravention of [F5Articles 8.1 and 8.2] of the AETRLess than 11 hours but more than 10 hours rest10 hours or less but more than 9 hours rest9 hours or less rest
20. Insufficient reduced daily rest period F6... in 24 hours period in contravention of [F7Articles 8.1 and 8.2] of the AETRLess than 9 hours but more than 8 hours rest8 hours or less but more than 7 hours rest7 hours or less rest
21. F8...F8. . .F8. . .F8. . .
[F922. Failure to take first rest of at least 3 consecutive hours where daily rest period is split, as required by Article 1(o)(i) of the AETR and in contravention of Articles 8.1 and 8.2 of the AETRLess than 3 hours but more than 2 hours rest2 hours or less but more than 1 hours rest1 hour or less rest
22A. Failure to take second rest of at least 9 consecutive hours where daily rest period is split, as required by Article 1(o)(i) of the AETR and in contravention of Articles 8.1 and 8.2 of the AETRLess than 9 hours but more than 8 hours rest8 hours or less but more than 7 hours rest7 hours or less rest]
23. Failure to take daily rest period of [F10at least 12 hours in total] where regular daily rest period is split [F11, as required by Article 1(o)(i) of the AETR and in contravention of Articles 8.1 and 8.2 of the AETR]Less than 12 hours but more than 11 hours rest11 hours or less but more than 10 hours rest10 hours or less rest
[F1224. Insufficient rest in 30 hour period by a driver engaged in multi-manning, in contravention of Articles 8.1 and 8.3 of the AETR]Less than [F139 hours] but more than [F148 hours] rest [F148 hours] or less but more than [F157 hours] rest [F157 hours] or less rest
25. Insufficient regular weekly rest period, in contravention of [F16Articles 8.1 and 8.6(a)] of the AETRLess than 45 hours but more than 43 hours rest43 hours or less but more than 42 hours rest42 hours or less rest
26. F17...F17. . .F17. . .F17. . .
27. Insufficient reduced weekly rest period F18..., in contravention of [F19Articles 8.1 and 8.6(a)] of the AETRLess than 24 hours but more than 22 hours rest22 hours rest or less but more than 21 hours rest21 hours or less rest
28. Failure to take [F20equivalent period of compensatory rest before the end of the third week where reduced weekly rest period has been taken, as required by Article 8.6(a)(ii) of the AETR]Up to 3 hours less rest than required3 hours or more but less than 4 hours less rest than required4 hours or more less rest than required
29. In all other cases£30

Textual Amendments

F9Sch. 2 Table 2 items 22, 22A substituted (11.3.2019) for Sch. 2 Table 2 item 22 by The Drivers Hours and Tachographs (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/12), regs. 1(2), 30(2)(g)

Marginal Citations

Table 3

Article 56 of the Road Traffic (Northern Ireland) Order 1995 M3

(1) Nature of contravention or the failure constituting the offence(2) Applicable level of deposit
1. Contravention, except in the case of a motorcycle, of regulation 32(1)(g)(failure to have a tread pattern of at least 1 millimetre) of the Construction and Use Regulations£120
2. In all other cases£60

Marginal Citations

Table 4

Article 57(1) of the Road Traffic (Northern Ireland) Order 1995

(1) Nature of contravention or failure constituting the offence(2) Applicable level of deposit
£60£120£200
1. Exceeding maximum authorised weight of vehicle, contrary to regulation 4(1)(a) of, and Schedule 1 to, the Authorised Weight RegulationsExceeding weight by up to 10%Exceeding weight by 10% or more, but less than 15%Exceeding weight by 15% or more
2. Exceeding maximum authorised weight of vehicle combination, contrary to regulation 4(1)(b) of, and Schedule 2 to, the Authorised Weight RegulationsExceeding weight by up to 10%Exceeding weight by 10% or more, but less than 15%Exceeding weight by 15% or more
3. Exceeding maximum authorised weight of axle, contrary to regulation 4(1)(c) of, and Schedule 3 to, the Authorised Weight RegulationsExceeding weight by up to 10%Exceeding weight by 10% or more, but less than 15%Exceeding weight by 15% or more
4. Exceeding maximum permitted laden weight of a vehicle, contrary to regulation 87(1) of, and Parts I, IA and II of Schedule 13 to, the Construction and Use RegulationsExceeding weight by up to 10%Exceeding weight by 10% or more, but less than 15%Exceeding weight by 15% or more
5. Exceeding maximum permitted laden weight of trailer, contrary to regulation 87(3) of the Construction and Use RegulationsExceeding weight by up to 10%Exceeding weight by 10% or more, but less than 15%Exceeding weight by 15% or more
6. Exceeding maximum permitted laden weight of a vehicle and trailer, other than an articulated vehicle, contrary to regulation 88(1) of the Construction and Use RegulationsExceeding weight by up to 10%Exceeding weight by 10% or more, but less than 15%Exceeding weight by 15% or more
7. Exceeding any weights shown on the plate fitted in accordance with regulation 79 of the Construction and Use Regulations, contrary to regulation 93(1)(a) of those RegulationsExceeding weight by up to 10%Exceeding weight by 10% or more, but less than 15%Exceeding weight by 15% or more
8. Exceeding maximum gross weight in respect of an agricultural trailed appliance, contrary to regulation 93(1)(b) of the Construction and Use RegulationsExceeding weight by up to 10%Exceeding weight by 10% or more, but less than 15%Exceeding weight by 15% or more
9. Exceeding sum of weights in respect of axles fitted with a compensating arrangement, contrary to regulation 93(2) of the Construction and Use RegulationsExceeding weight by up to 10%Exceeding weight by 10% or more, but less than 15%Exceeding weight by 15% or more
10. In all other cases£30

Table 5

Article 58 of the Road Traffic (Northern Ireland) Order 1995

(1) Nature of contravention or failure constituting the offence(2) Applicable level of deposit
1. Failure to meet requirements regarding speed limiters, in accordance with regulation 42(2) of the Construction and Use Regulations£120
2. Failure to meet requirements regarding speed limiters, in accordance with regulation 43(2) of the Construction and Use Regulations

£120

3. Failure to maintain vehicle, etc., or to carry, etc., passengers in accordance with regulation 115(1) of the Construction and Use Regulations, so as not to be a danger£60
4. Failure to carry load in a secure manner, etc., in accordance with regulation 115(2) of the Construction and Use Regulations, so as not to be a danger or nuisance£60
5. Failure to use vehicle for suitable purposes, in accordance with regulation 115(3) of the Construction and Use Regulations, so as not to cause or be likely to cause a danger or nuisance£60
6. In all other cases£30

Table 6

Regulation 3(1) of the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996 M4

(1) Nature of contravention or failure constituting the offence(2) Applicable level of deposit
1. Failure to ensure recording equipment installed in accordance with Article 3(1) of [F21the EU Tachographs Regulation]£200
2. Failing to ensure correct functioning of recording equipment or driver card, in accordance with [F22Article 32(1) of the EU Tachographs Regulation]£60
3. Failing to ensure the proper use of the recording equipment, in accordance with [F23Article 32(1) of the EU Tachographs Regulation]£120
4. Failing to ensure the proper use of the driver card, in accordance with [F24Article 32(1) of the EU Tachographs Regulation]£200
5. Failure to ensure that printing can be carried out correctly in the event of an inspection (other than a failure to provide sufficient printing material), in accordance with [F25Article 33(1) of the EU Tachographs Regulation]£120
6. Failure to ensure that printing can be carried out correctly in the event of an inspection by a failure to provide sufficient printing material, in accordance with [F26Article 33(1) of the EU Tachographs Regulation]£60
7. Using driver card of which the driver is not the holder, contrary to [F27Article 27(2) of the EU Tachographs Regulation]£200
8. Using a defective driver card, contrary to [F28Article 27(2) of the EU Tachographs Regulation]£60
9. Failure, at the start of the journey, to print out information required, etc, in accordance with [F29Article 35(2)(a) of the EU Tachographs Regulation]£120
10. Failure, at the end of the journey, to print out the information required, etc, in accordance with [F30Article 35(2)(b) of the EU Tachographs Regulation]£120
11. Failure to use record sheets or driver card, in accordance with [F31Article 34(1) of the EU Tachographs Regulation]£200
12. Unauthorised withdrawal of record sheet or driver card, contrary to [F32Article 34(1) of the EU Tachographs Regulation]£120
13. Failure to enter legibly on the record sheet, when away from the vehicle, periods of time, in accordance with [F33Article 34(3) of the EU Tachographs Regulation]£120
14. Failure to amend record sheet or driver card as necessary when more than one driver on board the vehicle, in accordance with [F34Article 34(4) of the EU Tachographs Regulation]£120
15. In all other cases£30

Textual Amendments

Marginal Citations

[F35Table 7

Regulation 3A of the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996

(1) Nature of contravention or failure constituting the offence(2)Applicable level of deposit
1. Failure to ensure recording equipment installed in accordance with regulation 3A(1)£200
2. Failure to ensure the correct functioning of recording equipment or driver card, in accordance with Article 10 of the Annex to the AETR£60
3. Failure to ensure the proper use of the recording equipment, in accordance with Article 10 of the Annex to the AETR£120
4. Failure to ensure the proper use of the driver card, in accordance with Article 10 of the Annex to the AETR£200
5. Failure to ensure that printing can be carried out correctly in the event of an inspection (other than a failure to provide sufficient printing material), in accordance with the second sub-paragraph of Article 11.1 of the Annex to the AETR£120
6. Failure to ensure that printing can be carried out correctly in the event of an inspection by a failure to provide sufficient printing material, in accordance with the first sub-paragraph of Article 11.1 of the Annex to the AETR£60
7. Using driver card of which the driver is not the holder, contrary to the third sub-paragraph of Article 11.4(a) of the Annex to the AETR£200
8. Using a defective driver card, contrary to the third sub-paragraph of Article 11.4(a) of the Annex to the AETR£60
9. Failure to use record sheets or driver card, in accordance with the first sub-paragraph of Article 12.2(a) of the Annex to the AETR£200
10. Unauthorised withdrawal of record sheet or driver card, contrary to the first sub-paragraph of Article 12.2(a) of the Annex to the AETR£120
11. Failure to enter legibly on the record sheet, when away from the vehicle, periods of time, in accordance with Article 12.2(b) of the Annex to the AETR£120
12. Failure to amend record sheet or driver card as necessary when more than one driver on board the vehicle, in accordance with paragraph (2)(c) or the second sub-paragraph of paragraph (2)(a) of Article 12 of the Annex to the AETR£120
13. Failure, at the start of the journey, to print out information required, etc, in accordance with Article 13.2(b)(i) of the Annex to the AETR£120
14. Failure, at the end of the journey, to print out information required, etc, in accordance with Article 13.2(b)(ii) of the Annex to the AETR£120
15. In all other cases£30]

Textual Amendments

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