The Road Safety (Financial Penalty Deposit) Order 2009

PART 1 E+W+S Acts of Parliament

Table 1

Transport Act 1968 M1

Provision creating offence	General nature of offence
Section 96(11) M2	Contravention of any requirement of the domestic drivers' hours code
Section 96(11A) M3	Contravention of any requirement of applicable Community rules as to periods of driving, etc.
Section 97(1) M4	Using vehicle in contravention of [F1 requirements relating to installation, use or repair of recording equipment in accordance with the EU Tachographs Regulation]
[F2 Section 97ZA(1) and (2)	Using vehicle in contravention of requirements relating to installation, use or repair of recording equipment in accordance with the AETR.]
Section 97AA(1) M5	Forgery, etc., of seals on recording equipment
Section 98(4) M6	Contravention of regulations made under section 98 or any requirement as to books, records or documents of applicable Community rules
Section 99(4) M7	Failing to comply with requirements relating to inspection of records or obstructing an officer
Section 99(5) M8	Making false entry in book, register or document, etc.
Section 99ZD(1) M9	Failing to comply with requirements relating to inspection of recording equipment or records (whether electronic or hard copy) made by or stored on recording equipment
Section 99ZE(1) M10	Making or permitting, false record or entry, etc.
Section 99ZE(3)	Recording or causing or permitting to be recorded false data on recording equipment or driver card, etc.
Section 99ZE(6)	Producing, supplying or installing device to interfere with recording equipment or falsify, etc., data
Section 99C M11	Failure to comply with prohibition or direction in relation to driving vehicle.

Textual Amendments

F1 Words in Sch. Pt. 1 Table 1 substituted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 29(a)

F2 Words in Sch. Pt. 1 Table 1 inserted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 29(b)

Marginal Citations

M1 1968 c.73.

M2 Subsection (11) was first amended by section 2(1)(e) and (f) of the Road Traffic (Drivers' Ages and Hours of Work) Act 1976 (c.3). It was subsequently amended by sections 38 and 46 of the Criminal Justice Act 1982 (c.48), in respect of England and Wales, and by sections 289F and 289G of the Criminal Procedure (Scotland) Act 1975 (c.21) (as inserted by section 54 of the Criminal Justice Act 1982) in respect of Scotland.

M3 Section 96(11A) was inserted by paragraph 9(2)(a) of Schedule 4 to the European Communities Act 1972 (c.68). It was subsequently amended by section 2(1)(c) of the Road Traffic (Drivers' Ages and Hours of Work) Act 1976, and by sections 38 and 46 of the Criminal Justice Act 1982 in respect of England and Wales, and by sections 289F and 289G of the Criminal Procedure (Scotland) Act 1975 (as inserted by section 54 of the Criminal Justice Act 1982) in respect of Scotland. It was further amended by S.I. 1986/1457 and 2007/1819.

M4 Section 97 was substituted by S.I. 1979/1746 and subsection (1) was subsequently substituted by S.I. 1984/144; it was amended by S.I. 1986/1457, 1989/2121 and 2005/1904.

M5 Section 97AA was inserted by S.I. 1989/2121.

M6 Section 98(4) was first amended by paragraph 9(2) of Schedule 4 to the European Communities Act 1972. It was subsequently amended by section 2(1) of the Road Traffic (Drivers' Ages and Hours of Work) Act 1976 and sections 38 and 46 of the Criminal Justice Act 1982 in respect of England and Wales, and by sections 289F and 289G of the Criminal Procedure (Scotland) Act 1975 (as inserted by section 54 of the Criminal Justice Act 1982) in respect of Scotland.

M7 Section 99(4) was amended by sections 38 and 46 of the Criminal Justice Act 1982 in respect of England and Wales, and by sections 289F and 289G of the Criminal Procedure (Scotland) Act 1975 (as inserted by section 54 of the Criminal Justice Act 1982 in respect of Scotland).

M8 Section 99(5) was first amended by paragraph 9(2) of Schedule 4 to the European Communities Act 1972. It was subsequently amended by section 2(1) of the Road Traffic (Drivers' Ages and Hours of Work) Act 1976, by section 32(2) of the Magistrates' Court Act 1980 (c.43) and by S.I. 1979/1746.

M9 Section 99ZD(1) was inserted by S.I. 2005/1904.

M10 Section 99ZE was inserted by S.I. 2005/1904.

M11 Section 99C was inserted by section 266 of the Transport Act 2000 (c.38).

Table 2

Road Traffic (Foreign Vehicles) Act 1972 M12

Provision creating offence	General nature of offence
Section 3(1)	Driving a foreign goods or foreign public service vehicle in contravention of a prohibition, etc.

Marginal Citations

M12 1972 c.27. Section 3(1) was amended by sections 39(2) and 46 of, and Schedule 2 to, the Criminal Justice Act 1982 in respect of England and Wales, and by section 3 of and paragraph 10 of Schedule 1 and Part III of Schedule 2 to, the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40) in respect of Scotland.

Table 3

Public Passenger Vehicles Act 1981 M13

Provision creating offence	General nature of offence
Section 6(2) M14	Using a vehicle without certificate of initial fitness (or equivalent)
Section 12(5) M15	Using public service vehicle except under PSV operators' licence
Section 18(4)	Using a vehicle without displaying operator's disc
Section 65(2)	Forgery and misuse of documents, etc.

Marginal Citations

M13 1981 c.14.

M14 Section 6(1) was amended by paragraph 14 of Schedule 4 to the Road Traffic Act 1991, and by paragraph 22 of Schedule 3 to the Road Traffic (Consequential Provisions) Act 1988 (c.54).

M15 Section 12(1) was amended by sections 38 and 46 of the Criminal Justice Act 1982 in respect of England and Wales, and by sections 289F and 289G of the Criminal Procedure (Scotland) Act 1975 (as inserted by section 54 of the Criminal Justice Act 1982) in respect of Scotland.

Table 4

Road Traffic Regulation Act 1984 M16

Provision creating offence	General nature of offence
Section 5(1)	Using a vehicle in contravention of a traffic regulation order outside Greater London
Section 8(1)	Breach of traffic regulation order in Greater London
Section 11(1)	Breach of experimental traffic order
Section 16(1)	Using a vehicle in contravention of temporary prohibition or restriction of traffic in case of execution of works, etc.
Section 17(4)	Wrongful use of special road
Section 18(3)	Using a vehicle in contravention of provision for one-way traffic on trunk road
Section 20(5)	Driving a vehicle in contravention of order prohibiting or restricting driving vehicles on certain classes of roads
Section 25(5)	Breach of pedestrian crossing regulations
Section 88(7)	Contravention of minimum speed limit
Section 89(1)	Exceeding speed limit

Marginal Citations

M16 1984 c.27. Section 11(1) was numbered as such by section 65(3) of the Road Traffic Act 1991.

Table 5

Road Traffic Act 1988 M17

Provision creating offence	General nature of offence
Section 3 M18	Careless, and inconsiderate, driving
Section 4(1) M19	Driving or attempting to drive when unfit to drive through drink or drugs
Section 4(2) M20	Being in charge of a mechanically propelled vehicle when unfit to drive through drink or drugs
Section 5(1)(a)	Driving or attempting to drive with excess alcohol in breath, blood or urine
Section 5(1)(b)	Being in charge of a motor vehicle with excess alcohol in breath, blood or urine
Section 12(1)	Motor racing and speed trials on public ways
Section 13(1)	Other unauthorised or irregular competitions or trials on public ways
Section 14(3)	Breach of regulations requiring wearing of seat belts
Section 15(2) M21	Driving motor vehicle with child not wearing seat belt or with child in a rear-facing child restraint front seat with an active air bag
Section 15(4) M22	Driving motor vehicle with child in rear not wearing seat belt
Section 16(4)	Driving or riding motor cycles in contravention of regulations requiring wearing of protective headgear
Section 18(3)	Contravention of regulations with respect to use of head-worn appliances (eye protectors) on motor cycles
Section 19(1)	Prohibition of parking of heavy commercial vehicles on verges, etc.
Section 22 M23	Leaving vehicle in dangerous position
Section 33(3)	Unauthorised motor vehicle trial on footpaths or bridleways, etc.
Section 34(1) M24	Driving mechanically propelled vehicles elsewhere than on roads
Section 35(1) M25	Failing to comply with traffic directions given by constable or traffic officer engaged in the regulation of traffic in a road
Section 35(2) M26	Failing to comply with traffic directions given by constable or traffic officer where a traffic survey is being carried out
Section 36(1)	Failing to comply with traffic signs
Section 40A M27	Using a vehicle in dangerous condition etc.
Section 41A M28	Breach of requirement as to brakes, steering-gear or tyres
Section 41B	Breach of requirement as to weight: goods and passenger vehicles
Section 41D M29	Breach of requirements as to control of vehicle, mobile telephone, etc.
Section 42 M30	Breach of other construction and use requirements
Section 47(1)	Using etc., vehicle without required test certificate being in force
Section 53(1)	Using, etc., goods vehicle without required plating certificate being in force
Section 53(2)	Using, etc., goods vehicle without required goods vehicle test certificate being in force
Section 53(3)	Using, etc., goods vehicle where Secretary of State is required by regulations under section 49 to be notified of an alteration to the vehicle or its equipment but has not been notified
Section 63(1)	Using, etc., goods vehicle without required certificate being in force showing that the vehicle, etc., complies with type approval requirements applicable to it
Section 63(2)	Using, etc., certain goods vehicles for drawing trailer when plating certificate does not specify maximum laden weight for vehicle and trailer
Section 63(3)	Using, etc., goods vehicle where Secretary of State is required to be notified under section 59 of alteration to it or its equipment but has not been notified
Section 64(2)	Using goods vehicle with unauthorised weights as well as unauthorised weights marked on it
Section 67(9)	Obstructing testing of vehicle by examiner on road or failing to comply with requirements of Road Traffic Act 1988 section 67 or Schedule 2
Section 68(3) M31	Obstructing inspection, etc., of vehicle by examiner
Section 68(5)	Failing to comply with requirement to take vehicle for inspection
Section 71(1) M32	Driving, etc., vehicle in contravention of prohibition on driving it as being unfit for service, or failing to comply with direction to remove a vehicle found overloaded
Section 76(1) M33	Fitting of defective or unsuitable vehicle parts
Section 78(3)	Failing to comply with requirement about weighing motor vehicle or obstructing authorised person
Section 87(1) M34	Driving otherwise than in accordance with a licence
Section 94A(1) M35	Driving after refusal or revocation of licence etc.
Section 96(1)	Driving with uncorrected defective eyesight
Section 103(1)(b)	Driving while disqualified
Section 114(1) M36	Failing to comply with conditions of LGV or PCV driver's licence
Section 114(2)	Causing or permitting a person under 21 to drive LGV or PCV in contravention of conditions of licence
Section 143(2)	Using, etc., motor vehicle while uninsured or unsecured against third party risks
Section 163(3) M37 , insofar as it relates to section 163(1)	Failing to stop mechanically propelled vehicle when required
Section 164(6) M38	Failing to produce driving licence F3 ..., etc., or to state date of birth, etc.
Section 165(3)	Failing to give certain names and addresses or produce certain documents on request when driving a motor vehicle, etc.
Section 165(6)	Failing to give certain names and addresses while supervising a provisional licence-holder, etc.
Section 168 (insofar as it relates to the case referred to in paragraph (a) of that section)	Refusing to give, or giving false, name and address in case of reckless, careless or inconsiderate driving of a mechanically propelled vehicle
Section 170(4)	Failing to stop after accident and give particulars or report accident
Section 181(3)	Obstructing inspection of vehicles after accident

Textual Amendments

F3 Words in Sch. Pt. 1 Table 5 omitted (8.6.2015) by virtue of The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 15

Marginal Citations

M17 1988 c.52.

M18 Section 3 was substituted by section 2 of the Road Traffic Act 1991.

M19 Section 4(1) was amended by section 4 of the Road Traffic Act 1991.

M20 Section 4(2) was amended by section 4 of the Road Traffic Act 1991.

M21 Section 15(2) was amended by S.I. 2006/1892.

M22 Section 15(4) was amended by S.I. 1992/3105.

M23 Section 22 was amended by paragraph 48 of Schedule 4 to the Road Traffic Act 1991.

M24 Section 34(1) was substituted by paragraph 5 of Schedule 7 to the Countryside and Rights of Way Act 2000 (c.37).

M25 Section 35(1) was amended by section 6(2)(a) of the Traffic Management Act 2004 (c.18).

M26 Section 35(2) was amended by section 6(2)(b) of the Traffic Management Act 2004.

M27 Section 40A was inserted by section 8(1) of the Road Traffic Act 1991.

M28 Section 41A was substituted, together with sections 41B and 42, for section 42 as originally enacted, by section 8(2) of the Road Traffic Act 1991.

M29 Section 41D was inserted by section 26(1) of the Road Safety Act 2006.

M30 Section 42 was substituted by section 8(2) of the Road Traffic Act 1991, and was subsequently amended by section 26(2) of the Road Safety Act 2006.

M31 Section 68 was substituted by section 11 of the Road Traffic Act 1991.

M32 Section 71 was substituted by section 14 of the Road Traffic Act 1991.

M33 Section 76(1) was amended by paragraph 58 of Schedule 4 to the Road Traffic Act 1991.

M34 Section 87(1) was amended by section 17(1) of the Road Traffic Act 1991.

M35 Section 94A was inserted by section 18(3) of the Road Traffic Act 1991. It was subsequently amended by S.I. 1996/1974 and by paragraphs 17 and 20 of Schedule 5 to the Crime (International Co-operation) Act 2003 (c.32).

M36 Sections 110 to 122 were repealed and re-enacted by sections 1 and 2 of, and Schedules 2 and 6 to, the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c.22).

M37 Section 163(1) was amended by paragraph 67 of Schedule 4 to the Road Traffic Act 1991. It was further amended by section 6(4) of the Traffic Management Act 2004.

M38 Section 164(6) was amended by paragraph 18(c) of Schedule 3 to the Road Traffic (Driver Licensing and Information Systems) Act 1989. It was further amended by paragraph 68(6) of Schedule 4, and Schedule 8, to the Road Traffic Act 1991 and by S.I. 1990/144.

Table 6

Road Traffic Offenders Act 1988 M39

Provision creating offence	General nature of offence
Section 62(2)	Removing or interfering with fixed penalty notice fixed to vehicle
Section 90D(6) M40	Driving a vehicle in contravention of a prohibition on driving, etc., on failure to make a financial penalty deposit payment

Marginal Citations

M39 1988 c.53.

M40 Section 90D was inserted by section 11 of the Road Safety Act 2006.

Table 7

Vehicles Excise and Registration Act 1994 M41

Provision creating offence	General nature of offence
Section 42(1)	Driving or keeping a vehicle without required registration mark
Section 43(1)	Driving or keeping a vehicle with registration mark obscured etc.
Section 44(1)	Forgery and fraudulent use, etc., of a registration mark etc.
[F4 Section 59(1)	Failure to fix prescribed registration mark to a vehicle in accordance with regulations made under section 23(4) of the Act]

Textual Amendments

F4 Words in Sch. Pt. 1 Table 7 inserted (coming into force in accordance with art. 1(2) of the amending S.I.) by The Road Safety (Financial Penalty Deposit) (Amendment) Order 2010 (S.I. 2010/2721), arts. 1(1), 2

Marginal Citations

M41 1994 c.22.

Table 8

Goods Vehicles (Licensing of Operators) Act 1995 M42

Provision creating offence	General nature of offence
Section 2(5)	Using goods vehicle on road for carriage of goods except under operator's licence
Section 3(6)	Using a vehicle on a restricted operator's licence whilst carrying goods for hire or reward
Section 3(7)	Using a vehicle on an international journey carrying goods for hire or reward whilst holding a licence for national transport operations only
Section 38(1)	Forgery of documents, etc.

Marginal Citations

M42 1995 c.23. Section 2(5) was amended by section 261 of the Transport Act 2000.

Table 9

Disability Discrimination Act 1995 M43

Provision creating offence	General nature of offence
Section 40(3)	Failure to comply with PSV accessibility regulations made under section 40(1) etc.
Section 41(3)	Using a regulated public service vehicle on the road where no accessibility certificate or approval certificate has been issued

Marginal Citations

M43 1995 c.50.

[F5 Table 10

HGV Road User Levy Act 2013

Provision creating offence	General nature of offence
Section 11(1)	Using or keeping a heavy goods vehicle on a public road without paying the HGV road user levy.]

Textual Amendments

F5 Sch. Pt. 1 Table 10 added (1.4.2014) by The Road Safety (Financial Penalty Deposit) (Amendment) Order 2014 (S.I. 2014/267), arts. 1, 2(2)

[F6 Table 11

Haulage Permits and Trailer Registration Act 2018

Provision creating offence	General nature of offence
Section 8(2)	Driver of a goods vehicle breaching a requirement under section 6(2)(a) of that Act to produce a permit without reasonable excuse
Section 8(3)	Wilfully obstructing an examiner exercising powers under section 6 of that Act
Section 8(4)(a)	Breaching a prohibition under section 7 of that Act without reasonable excuse
Section 8(4)(b)	Causing or permitting a breach of a prohibition under section 7 of that Act without reasonable excuse]

Textual Amendments

F6 Sch. Pt. 1 Table 11 inserted (1.1.2019) by The Financial Penalty Deposit and Fixed Penalty Offences (Miscellaneous Provisions) Order 2018 (S.I. 2018/1236), arts. 1(3), 8