The Fixed Penalty (Amendment) Order 2009

• Citation: S.I. 2009/488
• Sections: 6

Section 1 Citation, commencement and interpretation

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

(2) This Order applies in relation to a fixed penalty offence alleged to have been committed on or after 31st March 2009.

(3) In this Order, “the Principal Order ” means the Fixed Penalty Order 2000 .

Section 2 Amendment of the Principal Order

After Article 1 of the Principal Order, insert the following—

Interpretation

(1A) In Schedule 2—

“the AETR ” means the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1 July 1970, as amended, as applied by article 2(3) of the EC Regulation ;

“the Community Recording Equipment Regulation has the meaning given in section 97 of the Transport Act 1968 ; and

“the EC Regulation” means the Community Drivers’ Hours Regulation as defined in section 103(1) of the Transport Act 1968 .

Section 3 Amendment of the Principal Order

Article 2 of the Principal Order is amended as follows—

(a) for “the Schedule”, where it appears for the first time, substitute “Schedule 1”; and

(b) for “the Schedule”, where it appears for the second time, substitute “that Schedule”.

Section 4 Amendment of the Principal Order

After article 2 of the Principal Order, insert the following—

Graduated Fixed Penalties

(2A) The amount of the fixed penalty for an offence specified in Schedule 2 to this Order shall be the amount indicated in relation to that offence by that Schedule, by reference to the circumstances of the offence, those being the nature of the contravention, and, where specified, its seriousness.

Section 5 Amendment of the Principal Order

The Schedule to the Principal Order is amended as follows—

(a) After “Schedule” where it appears in the heading, insert “1”.

(b) In the table of fixed penalties in Schedule 1 to the Principal Order, after the entry relating to “a fixed penalty offence under section 33 of the Vehicle Excise and Registration Act 1994”, insert the following—

Section 6 Amendment of the Principal Order

After Schedule 1 to the Principal Order, insert the following—

Graduated Fixed Penalties

(1) Section 96(11) Transport Act 1968

1. Driving a vehicle or vehicles for more than 10 hours, contrary to section 96(1)

(2) Section 96(11A) Transport Act 1968

1. Exceeding 9 hours daily driving, in contravention of paragraph 1 of Article 6(1) of the EC Regulation

2. Exceeding 10 hours daily driving, in contravention of paragraph 2 of Article 6(1) of the EC Regulation

3. Exceeding the weekly driving time of 56 hours, in contravention of Article 6(2) of the EC Regulation

4. Exceeding 90 hours accumulated driving time in any two consecutive weeks, in contravention of Article 6(3) of the EC Regulation

Less than 11 hours but more than 10 hours daily rest

Less than 45 hours but more than 43 hours weekly rest

5.5 hours or more but less than 6.5 hours driving

Up to 3 hours less rest than required

3 hours or more but less than 4 hours less rest than required

4 hours or more less rest than required

Less than 8 hours but more than 7 hours rest

7 hours or less but more than 6 hours rest

6 hours or less rest

Less than 12 hours but more than 11 hours rest

11 hours or less but more than 10 hours rest

10 hours or less rest

(3) Section 97(1) Transport Act 1968

(4) Section 41A Road Traffic Act 1988

(5) Section 41B Road Traffic Act 1988

10. Exceeding sum of weights in respect of axles fitted with a compensating arrangement, contrary to regulation 80(2) of the Road Vehicles (Construction and Use) Regulations

1986

(6) Section 42 Road Traffic Act 1988

£120