The Fixed Penalty Offences (Scotland) Order 1990

Explanatory Note

(This note is not part of the Order)

Section 75 of the Road Traffic Offenders Act 1988, which applies only in Scotland, authorises the procurator fiscal to offer an alleged offender an opportunity to avoid prosecution and conviction for certain road traffic offences by paying a fixed penalty. The offences to which this procedure can be applied are listed in Schedules 3 and 5 of that Act.

This Order provides for certain offences relating to pedestrian crossing regulations to be added to Schedule 3 and thus become fixed penalty offences for the purposes of Part III of the Act. The pedestrian crossing offences concerned are those under regulation 8 of the “Zebra” Pedestrian Crossings Regulations 1971 and regulations 16 and 17 of the “Pelican” Pedestrian Crossings Regulations and General Directions 1987, read with section 25(5) of the Road Traffic Regulation Act 1984.

Certain provisions of Part III of the Act also enable police constables to issue fixed penalty notices in relation to the road traffic offences listed in Schedule 3 (but these provisions in so far as they relate to moving vehicles are not in force in Scotland.)