The Road Traffic (Vehicle Emissions) (Fixed Penalty) Regulations 1997

Interpretation

2.—(1) In these Regulations—

(a) “an authorised person” means a person authorised to issue fixed penalty notices in accordance with regulation 4;

(b) “fixed penalty” means, subject to regulation 9, a penalty—

(i) of £60 in the case of a fixed penalty offence relating to regulation 61 of the 1986 Regulations, or

(ii) of £20 in the case of a fixed penalty offence relating to regulation 98 of the 1986 Regulations;

(c) “fixed penalty notice” means a notice offering a person an opportunity to discharge any liability to conviction for a fixed penalty offence by payment of a penalty of the amount prescribed in sub-paragraph (b);

(d) “fixed penalty offence” means an offence under section 42 of the Road Traffic Act 1988(1) consisting of—

(i) a contravention of, or failure to comply with, regulation 61 of the 1986 Regulations;

(ii) a contravention of, or failure to comply with, regulation 98 of the 1986 Regulations;

(iii) using on a road a motor vehicle which does not comply with a requirement of regulation 61 of the 1986 Regulations or causing or permitting a motor vehicle to be so used; or

(iv) using on a road a motor vehicle which does not comply with a requirement of regulation 98 of the 1986 Regulations or causing or permitting a motor vehicle to be so used;

(e) “the 1986 Regulations” means the Road Vehicles (Construction and Use) Regulations 1986(2);

(f) “a participating authority” means—

(i) Birmingham City Council;

(ii) Bristol City Council;

(iii) Canterbury City Council;

(iv) Glasgow City Council;

(v) Middlesbrough Borough Council;

(vi) the Council of the City and County of Swansea; and

(vii) Westminster City Council;

(g) “the period for paying” in relation to any fixed penalty notice, means the period of 28 days beginning with the day on which the notice was issued.

(2) Unless the context otherwise requires any reference in these Regulations to a numbered regulation is to the regulation in these Regulations bearing that number and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number.

(1)

1988 c. 52; section 42 was substituted by section 8(2) of the Road Traffic Act 1991 (c. 40).

(2)

S.I. 1986/1078. Relevant amending instruments are S.I. 1990/1131, 1991/1526, 1992/2137, 1992/3285, 1993/2199, 1994/2192, 1995/2210, 1996/2085 and 1997/1544.