The Road Safety (Financial Penalty Deposit) (Appropriate Amount) Order 2009

Article 2(1)(a)

SCHEDULE 1 Deposits for Fixed Penalty Offences

PART 1 Primary legislation

Table 1

Transport Act 1968

(1)Provision creating offence	(2)General nature of offence	(3)Deposit
1. Section 98(4)(1)	Contravention of regulations made under section 98 or any requirement as to books, records or documents of applicable Community rules	£200
2. Section 99(4)(2)	Failing to comply with requirements relating to inspection of records or obstructing an officer	£200
3. Section 99ZD(1) (3)	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	£200
4. Section 99C(4)	Failure to comply with prohibition or direction in relation to driving vehicle.	£200

Table 2

Road Traffic (Foreign Vehicles) Act 1972(5)

(1)Provision creating offence	(2)General nature of offence	(3)Deposit
1. Section 3(1)	Driving a foreign goods or foreign public service vehicle in contravention of a prohibition, etc.	£200

Table 3

Public Passenger Vehicles Act 1981(6)

(1)Provision creating offence	(2)General nature of offence	(3)Deposit
1. Section 12(5)	Using public service vehicle except under PSV operators’ licence	£200

Table 4

Road Traffic Regulation Act 1984(7)

(1)Provision creating offence	(2)General nature of offence	(3)Deposit
1. Section 5(1)	Using a vehicle in contravention of a traffic regulation order outside Greater London	£30
2. Section 8(1)	Breach of traffic regulation order in Greater London	£30
3. Section 11(1)	Breach of experimental traffic order	£30
4. Section 16(1)	Using a vehicle in contravention of temporary prohibition or restriction of traffic in case of execution of works, etc.	£30, but £60 if committed in respect of a speed restriction
5. Section 17(4)	Wrongful use of special road	£30, but £60 if committed otherwise than by unlawfully stopping or allowing the vehicle to remain at rest on a part of a special road on which vehicles are in certain circumstances permitted to remain at rest
6. Section 18(3)	Using a vehicle in contravention of provision for one-way traffic on trunk road	£30
7. Section 20(5)	Driving a vehicle in contravention of order prohibiting or restricting driving vehicles on certain classes of roads	£30
8. Section 25(5)	Breach of pedestrian crossing regulations	£60
9. Section 88(7)	Contravention of minimum speed limit	£30
10. Section 89(1)	Exceeding speed limit	£60

Table 5

Road Traffic Act 1988(8)

(1)Provision creating offence	(2)General nature of offence	(3)Deposit
1. Section 14(3)	Breach of regulations requiring wearing of seat belts	£30
2. Section 15(2)(9)	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	£30
3. Section 15(4)(10)	Driving motor vehicle with child in rear not wearing seat belt	£30
4. Section 16(4)	Driving or riding motor cycles in contravention of regulations requiring wearing of protective headgear	£30
5. Section 18(3)	Contravention of regulations with respect to use of head-worn appliances (eye protectors) on motor cycles	£30
6. Section 19(1)	Prohibition of parking of heavy commercial vehicles on verges, etc.	£30
7. Section 22(11)	Leaving vehicle in dangerous position	£60
8. Section 34(1)(12)	Driving mechanically propelled vehicles elsewhere than on roads	£30
9. Section 35(1)(13)	Failing to comply with traffic directions given by constable or traffic officer engaged in the regulation of traffic in a road	£30, but £60 if committed in respect of a motor vehicle by failure to comply with a direction of a constable, traffic officer or traffic warden
10. Section 35(2)(14)	Failing to comply with traffic directions given by constable or traffic officer where a traffic survey is being carried out	£60
11. Section 36(1)	Failing to comply with traffic signs	£30, but £60 if committed by failure to comply with an indication given by a sign specified in regulation 10(2) of the Traffic Signs Regulations and General Directions 2002(15)
12. Section 40A(16)	Using a vehicle in dangerous condition etc.	£60
13. Section 41D(17)	Breach of requirements as to control of vehicle, mobile telephone, etc.	£60
14. Section 47(1)	Using etc., vehicle without required test certificate being in force	£60
15. Section 71(1)(18)	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	£200
16. Section 87(1)(19)	Driving otherwise than in accordance with a licence	£30, but £60 in the case where the driving would not have been in accordance with any licence that could have been granted to the driver
17. Section 143(2)	Using, etc., motor vehicle while uninsured or unsecured against third party risks	£200
18.Section 163(3)(20), insofar as it relates to section 163(1)	Failing to stop mechanically propelled vehicle when required	£30

Table 6

Road Traffic Offenders Act 1988

(1)Provision creating offence	(2)General nature of offence	(3)Deposit
1. Section 90D(6)(21)	Driving a vehicle in contravention of a prohibition on driving, etc., on failure to make a financial penalty deposit payment	£200

Table 7

Vehicles Excise and Registration Act 1994(22)

(1)Provision creating offence	(2)General nature of offence	(3)Deposit
1. Section 42(1)	Driving or keeping a vehicle without required registration mark	£30
2. Section 43(1)	Driving or keeping a vehicle with registration mark obscured etc.	£30

Table 8

Goods Vehicles (Licensing of Operators) Act 1995(23)

(1)Provision creating offence	(2)General nature of offence	(3)Deposit
1. Section 2(5)	Using goods vehicle on road for carriage of goods except under operator’s licence	£200

PART 2 Secondary Legislation

Table 1

The Road Transport (International Passenger Services) Regulations 1984(24)

(1)Provision creating offence	(2)General nature of offence	(3)Deposit
1. Regulation 19(1)	Using vehicle for Community regulated carriage of passengers otherwise than in accordance with the Council Regulations or the Commission Regulation	£30
2. Regulation 19(2)	Using vehicle for ASOR regulated or Community regulated carriage by road without passenger waybill	£30

Table 2

The Goods Vehicles (Community Authorisations) Regulations 1992(25)

(1)Provision creating offence	(2)General nature of offence	(3)Deposit
1. Regulation 3	Use of goods vehicle without Community authorisation	£60
2. Regulation 7	Failure to comply with conditions governing use of Community authorisation	£30

Table 3

The Public Service Vehicles (Community Licences) Regulations 1999(26)

(1)Provision creating offence	(2)General nature of offence	(3)Deposit
1. Regulation 3	Use of public service vehicles without Community licence	£60
2. Regulation 7	Failure to comply with conditions governing use of Community licence	£30

Table 4

The Road Transport (Passenger Vehicles Cabotage) Regulations 1999(27)

(1)Provision creating offence	(2)General nature of offence	(3)Deposit
1. Regulation 3(1)	Use of vehicle for UK cabotage operations without Community licence	£60
2. Regulation 4(1)	Use of vehicle for UK cabotage operations without control document	£60
3. Regulation 7(1)	Failure to produce Community licence when requested	£30
4. Regulation 7(3)	Failure to produce control document when requested	£30

Table 5

The Vehicle Drivers (Certificate of Professional Competence) Regulations 2007(28)

(1)Provision creating offence	(2)General nature of offence	(3)Deposit
1. Regulation 11(7)	Failing to produce evidence of CPC or National Vocational Training Certificate when required	£30

(1)

1968 c.73. Section 98(4) was first amended by paragraph 9(2) of Schedule 4 to the European Communities Act 1972 (c.68). It was subsequently amended by section 2(1) of the Road Traffic (Drivers’ Ages and Hours of Work) Act 1976 (c.3), 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.

(2)

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.

(3)

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

(4)

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

(5)

1972 c.27. Section 3(1) was amended, in relation to England and Wales, by sections 39(2) and 46 of, and Schedule 2 to, the Criminal Justice Act 1982, and, in relation to Scotland, 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).

(6)

1981 c.14. Section 12(5) was amended, in relation to England and Wales, by sections 38 and 46 of the Criminal Justice Act 1982 and, in relation to Scotland, by sections 289F and 289G of the Criminal Procedure (Scotland) Act 1975 (as inserted by section 54 of the Criminal Justice Act 1982).

(7)

1984 c.27. Section 11(1) was numbered as such by section 65(3) of the Road Traffic Act 1991 (c. 40).

(8)

1988 c.52.

(9)

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

(10)

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

(11)

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

(12)

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

(13)

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

(14)

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

(15)

S.I. 2002/3113, to which there are amendments not relevant to this Order.

(16)

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

(17)

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

(18)

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

(19)

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

(20)

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.

(21)

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

(22)

1994 c.22.

(23)

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

(24)

S.I. 1984/748.

(25)

S.I. 1992/3077.

(26)

S.I. 1999/1322.

(27)

S.I. 1999/3413, to which there are amendments not relevant to this Order.

(28)

S.I. 2007/605, as amended by S.I. 2008/1965; there are other amendments but none is relevant to this Order.