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

• Citation: S.I. 2009/492
• Sections: 2

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Road Safety (Financial Penalty Deposit) (Appropriate Amount) Order 2009 and shall come into force on 31st March 2009.

(2) In this Order—

“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 ;

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

“ the EU Tachographs Regulation ” has the meaning given in section 97(7) of the Transport Act 1968;

“fixed penalty offence” means an offence listed in Schedule 1; and

“graduated fixed penalty offence” means an offence listed in Schedule 2.

“parking offence” means—

in relation to table 4 in Part 1 of Schedule 1, an offence under the Road Traffic Regulation Act 1984 , which does not involve obligatory endorsement and which is committed in respect of a stationary vehicle; or

in relation to table 6 in Schedule 2, an offence under section 42 of the Road Traffic Act 1988 consisting in the causing of an unnecessary obstruction of a road in breach of regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986;

“red route” means a length of road affected by either or both of the following traffic signs, namely—

a traffic sign lawfully placed on the road, being a traffic sign which bears the words “Red Route”, with or without any other word or any sign or other indication; and

a traffic sign consisting of a red line or mark lawfully placed on the road; and

“traffic sign” means a traffic sign for the purposes of section 64(1) of the Road Traffic Regulation Act 1984 which conveys any restriction or prohibition under an order made under that Act.

Section 2 The appropriate amount

(1) Subject to paragraph (2), the appropriate amount of a financial penalty deposit shall be—

(a) in relation to a fixed penalty offence for which a person has been given a fixed penalty notice or handed a conditional offer, the amount indicated in relation to that offence in the third column of Schedule 1;

(b) in relation to a graduated fixed penalty offence for which a person has been given a fixed penalty notice or handed a conditional offer, the amount indicated in relation to that offence in Schedule 2, by reference to the circumstances of the offence, those being the nature of the contravention and, where specified, its seriousness; and

(c) in relation to an offence for which a person has been given notification that it appears likely that proceedings will be brought against him, £500 .

(2) The appropriate amount shall not, in respect of any single occasion on which more than one financial penalty deposit requirement has been imposed, exceed £1500 .