- Latest available (Revised)
- Point in Time (01/12/2011)
- Original (As made)
Version Superseded: 01/04/2014
Point in time view as at 01/12/2011.
There are currently no known outstanding effects for the The Road Safety (Financial Penalty Deposit) Order 2009, PART 1.
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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 any requirement of applicable Community rules as to periods of driving, etc. |
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. |
Marginal Citations
M2Subsection (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.
M3Section 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.
M4Section 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.
M5Section 97AA was inserted by S.I. 1989/2121.
M6Section 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.
M7Section 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).
M8Section 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.
M9Section 99ZD(1) was inserted by S.I. 2005/1904.
M10Section 99ZE was inserted by S.I. 2005/1904.
M11Section 99C was inserted by section 266 of the Transport Act 2000 (c.38).
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
M121972 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.
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
M14Section 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).
M15Section 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.
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
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 or counterpart, 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 |
Marginal Citations
M19Section 4(1) was amended by section 4 of the Road Traffic Act 1991.
M20Section 4(2) was amended by section 4 of the Road Traffic Act 1991.
M21Section 15(2) was amended by S.I. 2006/1892.
M22Section 15(4) was amended by S.I. 1992/3105.
M23Section 22 was amended by paragraph 48 of Schedule 4 to the Road Traffic Act 1991.
M24Section 34(1) was substituted by paragraph 5 of Schedule 7 to the Countryside and Rights of Way Act 2000 (c.37).
M25Section 35(1) was amended by section 6(2)(a) of the Traffic Management Act 2004 (c.18).
M26Section 35(2) was amended by section 6(2)(b) of the Traffic Management Act 2004.
M27Section 40A was inserted by section 8(1) of the Road Traffic Act 1991.
M28Section 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.
M29Section 41D was inserted by section 26(1) of the Road Safety Act 2006.
M30Section 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.
M31Section 68 was substituted by section 11 of the Road Traffic Act 1991.
M32Section 71 was substituted by section 14 of the Road Traffic Act 1991.
M33Section 76(1) was amended by paragraph 58 of Schedule 4 to the Road Traffic Act 1991.
M34Section 87(1) was amended by section 17(1) of the Road Traffic Act 1991.
M35Section 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).
M36Sections 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).
M37Section 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.
M38Section 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.
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
M40Section 90D was inserted by section 11 of the Road Safety Act 2006.
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. |
[F1Section 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
F1Words 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
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. |
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 |
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