SCHEDULE 2Deposits for Graduated Fixed Penalty Offences

Article 2(1)(b)

Annotations:
Amendments (Textual)
F15

Words in Sch. 2 Table 2 items 15, 16 omitted (11.3.2019) by virtue of The Drivers Hours and Tachographs (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/12), regs. 1(2), 30(2)(a)

F23

Sch. 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
M1

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

Table 1Articles 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 Regulations

More than 10 hours but less than 11 hours driving

11 hours or more but less than 12 hours driving

12 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 Regulations

Being on duty for up to 1 hour beyond the required break

Being on duty for 1 hour or more, but less than 2 hours, beyond the required break

Being 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 Regulations

Less than 10 hours but more than 9 hours daily rest

9 hours or less but more than 8 hours daily rest

8 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 Regulations

Less 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 Regulations

Less than 10 hours but more than 9 hours daily rest

9 hours or less but more than 8 hours daily rest

8 hours or less daily rest

6. In all other cases

£30

Table 2Article 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 Regulation

More than 9 hours but less than 10 hours driving

10 hours or more but less than 11 hours driving

11 hours or more driving

2. Exceeding 10 hours daily driving, in contravention of paragraph 2 of Article 6(1) of the EC Regulation

More than 10 hours but less than 11 hours driving

11 hours or more but less than 12 hours driving

12 hours or more driving

3. Exceeding the weekly driving time of 56 hours, in contravention of Article 6(2) of the EC Regulation

More than 56 hours but less than 58 hours driving

58 hours or more but less than 59 hours driving

59 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 Regulation

More than 90 hours but less than 93 hours driving

93 hours or more but less than 94 hours driving

94 hours or more driving

5. Exceeding 4.5 hours driving without a break, in contravention of Article 7 of the EC Regulation

More than 4.5 hours but less than 5.5 hours driving

5.5 hours or more but less than 6.5 hours driving

6.5 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 Regulation

Less than 11 hours but more than 10 hours daily rest

10 hours or less but more than 9 hours daily rest

9 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 Regulation

Less than 9 hours but more than 8 hours daily rest

8 hours or less but more than 7 hours daily rest

7 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 Regulation

Less than 3 hours but more than 2 hours rest

2 hours or less but more than 1 hours rest

1 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 Regulation

Less than 9 hours but more than 8 hours rest

8 hours or less but more than 7 hours rest

7 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 Regulation

Less than 12 hours but more than 11 hours rest

11 hours or less but more than 10 hours rest

10 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 Regulation

Less than 9 hours but more than 8 hours rest

8 hours or less but more than 7 hours rest

7 hours or less rest

12. Insufficient regular weekly rest period, in contravention of Articles 8(1) and (6) of the EC Regulation

Less than 45 hours but more than 43 hours weekly rest

43 hours or less but more than 42 hours weekly rest

42 hours or less weekly rest

13. Insufficient reduced weekly rest period, in contravention of Articles 8(1) and (6) of the EC Regulation

Less than 24 hours but more than 22 hours rest

22 hours or less but more than 21 hours rest

21 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 Regulation

Up to 3 hours less rest than required

3 hours or more but less than 4 hours less rest than required

4 hours or more less rest than required

15. Exceeding 9 hours daily driving, in contravention of F15... Article 6.1 of the AETR

More than 9 hours but less than 10 hours driving

10 hours or more but less than 11 hours driving

11 hours or more driving

16. Exceeding 10 hours daily driving (where permitted), in contravention of F15... Article 6.1 of the AETR

More than 10 hours but less than 11 hours driving

11 hours or more but less than 12 hours driving

12 hours or more driving

F1616A. Exceeding the weekly driving time of 56 hours, in contravention of Article 6.2 of the AETR

More than 56 hours but less than 58 hours driving

58 hours or more but less than 59 hours driving

59 hours or more driving

17. Exceeding 90 hours F17accumulated driving time in any two consecutive weeks, in contravention of Article 6.3 of the AETR

More than 90 hours but less than 93 hours driving

93 hours or more but less than 94 hours driving

94 hours or more driving

18. Exceeding 4.5 hours driving without a break, in contravention of Article 7.1 of the AETR

More than 4.5 hours but less than 5.5 hours driving

5.5 hours or more but less than 6.5 hours driving

6.5 hours or more driving

19. Insufficient F18regular daily rest period in 24 hour period in contravention of F19Articles 8.1 and 8.2 of the AETR

Less than 11 hours but more than 10 hours rest

10 hours or less but more than 9 hours rest

9 hours or less rest

20. Insufficient reduced daily rest period F20... in 24 hours period in contravention of F21Articles 8.1 and 8.2 of the AETR

Less than 9 hours but more than 8 hours rest

8 hours or less but more than 7 hours rest

7 hours or less rest

21. F22...

F22. . .

F22. . .

F22. . .

F2322. 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 AETR

Less than 3 hours but more than 2 hours rest

2 hours or less but more than 1 hours rest

1 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 AETR

Less than 9 hours but more than 8 hours rest

8 hours or less but more than 7 hours rest

7 hours or less rest

23. Failure to take daily rest period of F24at least 12 hours in total where regular daily rest period is split F25, 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 rest

11 hours or less but more than 10 hours rest

10 hours or less rest

F2624. 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 F279 hours but more than F288 hours rest

F288 hours or less but more than F297 hours rest

F297 hours or less rest

25. Insufficient regular weekly rest period, in contravention of F30Articles 8.1 and 8.6(a) of the AETR

Less than 45 hours but more than 43 hours rest

43 hours or less but more than 42 hours rest

42 hours or less rest

26. F31...

F31. . .

F31. . .

F31. . .

27. Insufficient reduced weekly rest period F32..., in contravention of F33Articles 8.1 and 8.6(a) of the AETR

Less than 24 hours but more than 22 hours rest

22 hours rest or less but more than 21 hours rest

21 hours or less rest

28. Failure to take F34equivalent 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 required

3 hours or more but less than 4 hours less rest than required

4 hours or more less rest than required

29. In all other cases

£30

Table 3Article 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

Table 4Article 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 Regulations

Exceeding 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 Regulations

Exceeding 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 Regulations

Exceeding 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 Regulations

Exceeding 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 Regulations

Exceeding 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 Regulations

Exceeding 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 Regulations

Exceeding 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 Regulations

Exceeding 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 Regulations

Exceeding 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 5Article 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 6Regulation 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 F1the EU Tachographs Regulation

£200

2. Failing to ensure correct functioning of recording equipment or driver card, in accordance with F2Article 32(1) of the EU Tachographs Regulation

£60

3. Failing to ensure the proper use of the recording equipment, in accordance with F3Article 32(1) of the EU Tachographs Regulation

£120

4. Failing to ensure the proper use of the driver card, in accordance with F4Article 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 F5Article 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 F6Article 33(1) of the EU Tachographs Regulation

£60

7. Using driver card of which the driver is not the holder, contrary to F7Article 27(2) of the EU Tachographs Regulation

£200

8. Using a defective driver card, contrary to F8Article 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 F9Article 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 F10Article 35(2)(b) of the EU Tachographs Regulation

£120

11. Failure to use record sheets or driver card, in accordance with F11Article 34(1) of the EU Tachographs Regulation

£200

12. Unauthorised withdrawal of record sheet or driver card, contrary to F12Article 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 F13Article 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 F14Article 34(4) of the EU Tachographs Regulation

£120

15. In all other cases

£30

F35Table 7Regulation 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