The Fixed Penalty (Procedure) (Vehicle Examiners) Regulations 2009

• Citation: S.I. 2009/495
• Sections: 9

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Fixed Penalty (Procedure) (Vehicle Examiners) Regulations 2009 and shall come into force on 1st April 2009.

(2) These Regulations do not extend to Scotland.

Section 2 Interpretation

In these Regulations, “ the Act ” means the Road Traffic Offenders Act 1988.

Section 3 Application

These Regulations apply in cases where a fixed penalty notice is given by a vehicle examiner in accordance with section 54 (notices on-the-spot etc ) of the Act.

Section 4 Documents or information to be provided

The documents described in column 1 of the Schedule to these Regulations (as referred to in the provisions of the Act specified in column 2 of the Schedule) shall contain the information, or, as the case may be, further information prescribed in column 3 of the Schedule.

Section 5 Remittance

If payment of the fixed penalty is made by a person otherwise than as required by the fixed penalty notice, the Secretary of State shall return the remittance to that person.

Section 6 Return of driving licence (if so held)

Where—

(a) the person to whom the fixed penalty notice was given holds a driving licence;

(b) the suspended enforcement period has expired;

(c) the fixed penalty has not been paid; and

(d) either that person has requested a hearing under section 55(2) or no registration certificate has been issued under section 70(2) of the Act;

the Secretary of State shall, in the case of an endorseable offence, return the driving licence to that person.

Section 7 Notification of registration of sum

Where, in a case involving an endorseable offence, any sum is registered under section 71 of the Act for enforcement against that person as a fine, the designated officer for the court where the sum is registered shall notify the Secretary of State that the sum has been registered.

Section 8 Receipt for payment

Where a fixed penalty is paid within the suspended enforcement period the Secretary of State shall send a receipt for the payment, if requested, to the payer.

Section 9 Licence receipts

For the purposes of section 56(3)(a) of the Act, there is prescribed a period of two months beginning with the same date of issue.