The Fixed Penalty Offences Order 2009

• Citation: S.I. 2009/483
• Sections: 11

Section 1 Citation and Commencement

This Order may be cited as the Fixed Penalty Offences Order 2009 and shall come into force on 31st March 2009.

Section 2 Amendment of the Road Traffic Offenders Act 1988

The following offences are fixed penalty offences for the purposes of Part 3 of the Road Traffic Offenders Act 1988—

(a) an offence under section 96(11) of the Transport Act 1968 ;

(b) an offence under section 96(11A) of the Transport Act 1968 ;

(c) an offence under section 97(1) of the Transport Act 1968 ;

(d) an offence under section 98(4) of the Transport Act 1968 ;

(e) an offence under section 99C of the Transport Act 1968 ;

(f) an offence under section 3(1) of the Road Traffic (Foreign Vehicles) Act 1972 ;

(g) an offence under section 12(5) of the Public Passenger Vehicles Act 1981 ;

(h) an offence under regulation 19(1) of the Road Transport (International Passenger Services) Regulations 1984 ;

(i) an offence under regulation 19(2) of the Road Transport (International Passenger Services) Regulations 1984;

(j) an offence under section 71(1) of the Road Traffic Act 1988 ;

(k) an offence under section 90D of the Road Traffic Offenders Act 1988 ;

(l) an offence under regulation 3 of the Goods Vehicles (Community Authorisations) Regulations 1992 ;

(m) an offence under regulation 7 of the Goods Vehicles (Community Authorisations) Regulations 1992;

(n) an offence under section 34 of the Vehicle Excise and Registration Act 1994 ;

(o) an offence under section 2(5) of the Goods Vehicles (Licensing of Operators) Act 1995 ;

(p) an offence under regulation 3 of the Public Service Vehicles (Community Licences) Regulations 1999 ;

(q) an offence under regulation 7 of the Public Service Vehicles (Community Licences) Regulations 1999;

(r) an offence under regulation 3 of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999 ;

(s) an offence under regulation 4 of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999;

(t) an offence under regulation 7(1) of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999;

(u) an offence under regulation 7(3) of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999; and

(v) an offence under regulation 11(7) of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 .

Section 3 Amendment of the Road Traffic Offenders Act 1988

(1) The offences specified in paragraph (2) are fixed penalty offences for the purposes of Part 3 of the Road Traffic Offenders Act 1988 but subject to the limitation or exception in that paragraph in relation to each offence.

(2) The offences referred to in paragraph (1) are—

(a) an offence under section 99(4) of the Transport Act 1968 , but only insofar as the offence relates to—

(i) failing to comply with a requirement under section 99(1)(a); or

(ii) obstructing an officer in the exercise of his powers under 99(2)(a) or 99(3); and

(b) an offence under section 99ZD(1) of the Transport Act 1968 , except where that offence is committed by—

(i) failing to sign a hard copy of downloaded data when required to do so under section 99ZC(1); or

(ii) obstructing an officer in the exercise of powers under section 99ZF.

Section 4 Amendment of the Road Traffic Offenders Act 1988

In consequence of the provisions of articles 2 and 3, Schedule 3 to the Road Traffic Offenders Act 1988 is amended in accordance with the Schedule.

Section 1

Before the entry relating to the Greater London Council (General Powers) Act 1974, insert the following—

Offences under the Transport Act 1968 (c.73)

Failing to comply with requirements relating to inspection of records or obstructing an officer, but only insofar as the offence relates to:—

failing to comply with any requirement under section 99(1)(a); or

obstructing an officer in exercise of powers under 99(2)(a) or 99(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 except where that offence is committed by:—

failing to sign a hard copy of downloaded data when required to do so under section 99ZC(1); or

obstructing an officer in exercise of powers under section 99ZF.

Offence under the Road Traffic (Foreign Vehicles) Act 1972 (c.27)

Section 2

After the entry relating to the Highways Act 1980, insert the following—

Offence under the Public Passenger Vehicles Act 1981 (c.14)

Section 3

After the last entry relating to the Road Traffic Regulation Act 1984, insert the following—

Offences under the Road Transport (International Passenger Services) Regulations 1984 ( S.I. 1984/748 )

Section 4

After the entry relating to section 47 of the Road Traffic Act 1988, insert the following—

Section 5

After the last entry relating to the Road Traffic Act 1988, insert the following—

Offence under this Act

Offences under the Goods Vehicles (Community Authorisations) Regulations 1992 ( S.I. 1992/3077 )

Section 6

After the entry relating to section 33 of the Vehicle Excise and Registration Act 1994, insert the following—

Section 7

After the last entry relating to the Vehicle Excise and Registration Act 1994, insert the following—

Offence under the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)

Offences under the Public Service Vehicles (Community Licences) Regulations 1999 ( S.I. 1999/1322 )

Offences under the Road Transport (Passenger Vehicles Cabotage) Regulations 1999 ( S.I. 1999/3413 )

Offence under the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007( S.I. 2007/605 )