Criminal Law, England And Wales Citation, commencement and interpretation 1 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 . Amendment of the Principal Order 2 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 . 3 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”. 4 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. 5 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— A fixed penalty offence under section 98(4) of the Transport Act 1968 £200 A fixed penalty offence under section 99(4) of the Transport Act 1968 £200 A fixed penalty offence under section 99ZD(1) of the Transport Act 1968 £200 A fixed penalty offence under 99C of the Transport Act 1968 £200 A fixed penalty offence under section 3(1) of the Road Traffic (Foreign Vehicles) Act 1972 £200 A fixed penalty offence under section 12(5) of the Public Passenger Vehicles Act 1981 £200 A fixed penalty offence under section 71(1) of the Road Traffic Act 1988 £200 A fixed penalty offence under 90D(6) of the Road Traffic Offenders Act 1988 £200 A fixed penalty offence under section 2(5) of the Goods Vehicles (Licensing of Operators) Act 1995 £200 A fixed penalty offence under regulation 3 of the Goods Vehicles (Community Authorisations) Regulations 1992 £60 A fixed penalty offence under regulation 3 of the Public Service Vehicles (Community Licences) Regulations 1999 £60 A fixed penalty offence under regulation 3(1) of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999 £60 A fixed penalty offence under regulation 4(1) of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999 £60 6 After Schedule 1 to the Principal Order, insert the following— SCHEDULE 2 Graduated Fixed Penalties Article 2A 1 Section 96(11) Transport Act 1968 Table 1 (1) Nature of contravention or failure constituting the offence (2) Seriousness of offence and applicable amount of penalty £60 £120 £200 1. Driving a vehicle or vehicles for more than 10 hours, contrary to section 96(1) More than 10 hours but less than 11 hours driving 11 hours or more but less than 12 hours driving 12 hours or more driving 2. Failure to take an interval for rest and refreshment, contrary to section 96(2) Being on duty for up to 1 hour beyond the required break Being on duty for 1 hour or more, but less than 2 hours, beyond the required break Being on duty for 2 hours or more beyond the required break 3. Exceeding working day of 11 hours, contrary to section 96(3)(a) More than 11 hours but less than 12 hours working 12 hours or more but less than 13 hours working 13 hours or more working 4. Failing to take a daily rest period between two successive working days, contrary to section 96(4) Less than 11 hours but more than 10 hours daily rest 10 hours or less but more than 9 hours daily rest 9 hours or less 5. Failing to take a weekly rest period of 24 hours, contrary to section 96(6) Less than 24 hours but more than 23 hours rest 23 hours or less but more than 22 hours rest 22 hours rest or less 6. Exceeding the daily working limit of 16 hours in respect of a passenger vehicle to which the Drivers’ Hours (Passenger and Goods Vehicles) (Modifications) Order 1971 applies, contrary to section 96(3)(c), as modified by that Order in relation to such vehicles More than 16 hours, but less than 17 hours working 17 hours or more but less than 18 hours working 18 hours or more working 7. Failing to take a daily rest period between two successive working days by a driver of a passenger vehicle to which the Drivers’ Hours (Passenger and Goods Vehicles) (Modifications) Order 1971 applies, contrary to section 96(4), as modified by that Order in relation to such vehicles Less than 10 hours but more than 9 hours daily rest (or, in the case of a reduced daily rest period, less than 8.5 hours but more than 7.5 hours daily rest) 9 hours or less but more than 8 hours daily rest (or, in the case of a reduced daily rest period, 7.5 hours or less but more than 6.5 hours daily rest) 8 hours or less daily rest (or, in the case of a reduced daily rest period, 6.5 hours or less daily rest) 8. Failing to take a rest period of 24 hours in each successive two week period by a driver of a passenger vehicle to which the Drivers’ Hours (Passenger and Goods Vehicles) (Modifications) Order 1971) applies, contrary to section 96(6), as modified by that Order in relation to such vehicles Less than 24 hours but more than 23 hours weekly rest 23 hours or less but more than 22 hours weekly rest 22 hours or less weekly rest 2 Section 96(11A) Transport Act 1968 Table 2 (1) Nature of contravention or failure constituting the offence (2) Seriousness of offence and applicable amount of penalty £60 £120 £200 1. Exceeding 9 hours daily driving, in contravention of paragraph 1 of Article 6(1) of the EC Regulation More than 9 hours but less than 10 hours driving 10 hours or more but less than 11 hours driving 11 hours or more driving 2. Exceeding 10 hours daily driving, in contravention of paragraph 2 of Article 6(1) of the EC Regulation More than 10 hours but less than 11 hours driving 11 hours or more but less than 12 hours driving 12 hours or more driving 3. Exceeding the weekly driving time of 56 hours, in contravention of Article 6(2) of the EC Regulation More than 56 hours but less than 58 hours driving 58 hours or more but less than 59 hours driving 59 hours or more driving 4. Exceeding 90 hours accumulated driving time in any two consecutive weeks, in contravention of Article 6(3) of the EC Regulation More than 90 hours but less than 93 hours driving 93 hours or more but less than 94 hours driving 94 hours or more driving 5. Exceeding 4.5 hours driving without a break, in contravention of Article 7 of the EC Regulation More than 4.5 hours but less than 5.5 hours driving 5.5 hours or more but less than 6.5 hours driving 6.5 hours or more driving 6. Insufficient regular daily rest period in 24 hour period, in contravention of Articles 8(1) and 8(2) of the EC Regulation Less than 11 hours but more than 10 hours daily rest 10 hours or less but more than 9 hours daily rest 9 hours or less daily rest 7. Insufficient reduced daily rest period in 24 hour period, in contravention of Articles 8(1) and 8(2) of the EC Regulation Less than 9 hours but more than 8 hours daily rest 8 hours or less but more than 7 hours daily rest 7 hours or less daily rest 8. Failure to take first rest of at least 3 consecutive hours where daily rest period is split, as required by the first indent of Article 4(g) of the EC Regulation and in contravention of Articles 8(1) and 8(2) of that Regulation Less than 3 hours but more than 2 hours rest 2 hours or less but more than 1 hours rest 1 hour or less rest 9. Failure to take second rest of at least 9 consecutive hours where daily rest period is split, as required by the first indent of Article 4(g) of the EC Regulation, and in contravention of Articles 8(1) and 8(2) of that Regulation Less than 9 hours but more than 8 hours rest 8 hours or less but more than 7 hours rest 7 hours or less rest 10. Failure to take daily rest period of at least 12 hours in total, where regular daily rest period is split, as required by the first indent of Article 4(g) of the EC Regulation and in contravention of Articles 8(1) and 8(2) of that Regulation 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 11. Insufficient rest in 30 hour period by a driver engaged in multi-manning, in contravention of Articles 8(1) and 8(5) of the EC Regulation Less than 9 hours but more than 8 hours rest 8 hours or less but more than 7 hours rest 7 hours or less rest 12. Insufficient regular weekly rest period, in contravention of Articles 8(1) and (6) of the EC Regulation Less than 45 hours but more than 43 hours weekly rest 43 hours or less but more than 42 hours weekly rest 42 hours or less weekly rest 13. Insufficient reduced weekly rest period, in contravention of Articles 8(1) and (6) of the EC Regulation Less than 24 hours but more than 22 hours rest 22 hours or less but more than 21 hours rest 21 hours or less rest 14. Failure to take equivalent period of compensatory rest before the end of the third week where reduced weekly rest period has been taken, as required by the second indent of Article 8(6) of the EC Regulation 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 15. Exceeding 9 hours daily driving, in contravention of the first sub-paragraph of Article 6.1 of the AETR More than 9 hours but less than 10 hours driving 10 hours or more but less than 11 hours driving 11 hours or more driving 16. Exceeding 10 hours daily driving (where permitted), in contravention of the first sub-paragraph of Article 6.1 of the AETR More than 10 hours but less than 11 hours driving 11 hours or more but less than 12 hours driving 12 hours or more driving 17. Exceeding 90 hours total period of driving in any one fortnight, in contravention of Article 6.2 of the AETR More than 90 hours but less than 93 hours driving 93 hours or more but less than 94 hours driving 94 hours or more driving 18. Exceeding 4.5 hours driving without a break, in contravention of Article 7.1 of the AETR More than 4.5 hours but less than 5.5 hours driving 5.5 hours or more but less than 6.5 hours driving 6.5 hours or more driving 19. Insufficient daily rest period in 24 hour period in contravention of the first sub-paragraph of Article 8.1 of the AETR Less than 11 hours but more than 10 hours rest 10 hours or less but more than 9 hours rest 9 hours or less rest 20. Insufficient reduced daily rest period (where permitted) in 24 hours period in contravention of the first sub-paragraph of Article 8.1 of the AETR Less than 9 hours but more than 8 hours rest 8 hours or less but more than 7 hours rest 7 hours or less rest 21. Failure to take equivalent period of compensatory rest before the end of the following week, in accordance with Article 8.1 of the AETR, where reduced daily rest periods taken 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 22. Failure to take rest of at least 8 consecutive hours, in accordance with Article 8.1 of the AETR, where daily rest period is split 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 23. Failure to take daily rest period of 12 hours in total, in accordance with Article 8.1 of the AETR, where regular daily rest period is split 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 24. Insufficient consecutive rest period of 8 hours in 30 hour period where vehicle is manned by at least two drivers, in contravention of Article 8.2 of the AETR 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 25. Insufficient regular weekly rest period, in contravention of Articles 6.1 and 8.3 of the AETR Less than 45 hours but more than 43 hours rest 43 hours or less but more than 42 hours rest 42 hours or less rest 26. Insufficient reduced weekly rest period if taken where the vehicle is normally based or where the driver is based, in contravention of Articles 6.1 and 8.3 of the AETR Less than 36 hours but more than 34 hours rest 34 hours or less but more than 33 hours rest 33 hours or less rest 27. Insufficient reduced weekly rest period of 24 hours if taken elsewhere than where the vehicle is normally based or where the driver is based, in contravention of Articles 6.1 and 8.3 of the AETR Less than 24 hours but more than 22 hours rest 22 hours rest or less but more than 21 hours rest 21 hours or less rest 28. Failure to take sufficient compensatory rest for reductions in weekly rest period before the end of the third week in question, in contravention of Articles 6.1 and 8.3 of the AETR 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 3 Section 97(1) Transport Act 1968 Table 3 (1) Nature of contravention or failure constituting the offence (2) Amount of penalty 1. Failure to ensure recording equipment installed in accordance with article 3(1) of the Community Recording Equipment Regulation £200 2. Failing to ensure correct functioning of recording equipment or driver card, in accordance with article 13 of that Regulation £60 3. Failing to ensure the proper use of the recording equipment, in accordance with article 13 of that Regulation £120 4. Failing to ensure the proper use of the driver card, in accordance with article 13 of that Regulation £200 5. Failing to ensure that printing can be carried out correctly in the event of an inspection (other than a failure to provide sufficient printing material), in accordance with article 14(1) of that Regulation £120 6. Failing to ensure that printing can be carried out correctly in the event of an inspection by a failure to provide sufficient printing material, in accordance with article 14(1) of that Regulation £60 7. Using driver card of which the driver is not the holder, contrary to article 14(4)(a) of that Regulation £200 8. Using a defective driver card, contrary to article 14(4)(a) of that Regulation £60 9. Failure, at the start of the journey, to print out information required, etc , in accordance with article 15(1)(a) of that Regulation £120 10. Failure, at the end of the journey, to print out the information required, etc, in accordance with article 15(1)(b) of that Regulation £120 11. Failure to use record sheets or driver card, in accordance with article 15(2) of that Regulation £200 12. Unauthorised withdrawal of record sheet or driver card, contrary to article 15(2) of that Regulation £120 13. Failure to enter legibly on the record sheet, when away from the vehicle, periods of time, in accordance with article 15(2) of that Regulation £120 14. Failure to amend record sheet or driver card as necessary when more than one driver on board the vehicle, in accordance with article 15(2) of that Regulation £120 4 Section 41A Road Traffic Act 1988 Table 4 (1) Nature of contravention or the failure constituting the offence (2) Amount of penalty 1. Contravention of regulation 27(1)(g) (failure to have a tread pattern of at least 1 millimetre) of the Road Vehicles (Construction and Use) Regulations 1986 £120 5 Section 41B Road Traffic Act 1988 Table 5 (1) Nature of contravention or failure constituting the offence (2) Seriousness of offence and amount of penalty £60 £120 £200 1. Exceeding maximum authorised weight of vehicle, contrary to regulation 4(1)(a) of, and Schedule 1 to, the Road Vehicles (Authorised Weight) Regulations 1998 Exceeding weight by up to 10% Exceeding weight by 10% or more, but less than 15% Exceeding weight by 15% or more 2. Exceeding maximum authorised weight of vehicle combination, contrary to regulation 4(1)(b) of, and Schedule 2 to, the Road Vehicles (Authorised Weight) Regulations 1998 Exceeding weight by up to 10% Exceeding weight by 10% or more, but less than 15% Exceeding weight by 15% or more 3. Exceeding maximum authorised weight of axle, contrary to Regulation 4(1)(c) of, and Schedule 3 to, the Road Vehicles (Authorised Weight) Regulations 1998 Exceeding weight by up to 10% Exceeding weight by 10% or more, but less than 15% Exceeding weight by 15% or more 4. Exceeding maximum permitted laden weight of a vehicle, contrary to regulation 75(1) of, and Parts I, IA and II of Schedule 11 to, the Road Vehicles (Construction and Use) Regulations 1986 Exceeding weight by up to 10% Exceeding weight by 10% or more, but less than 15% Exceeding weight by 15% or more 5. Exceeding maximum permitted laden weight of trailer, contrary to regulation 75(3) of the Road Vehicles (Construction and Use) Regulations 1986 Exceeding weight by up to 10% Exceeding weight by 10% or more, but less than 15% Exceeding weight by 15% or more 6. Exceeding maximum permitted laden weight of a vehicle and trailer, other than an articulated vehicle, contrary to regulation 76(1) of the Road Vehicles (Construction and Use) Regulations 1986 Exceeding weight by up to 10% Exceeding weight by 10% or more, but less than 15% Exceeding weight by 15% or more 7. Exceeding any weights shown on the plate fitted in accordance with regulation 66 of the Road Vehicles (Construction and Use) Regulations 1986, contrary to regulation 80(1)(a) of those Regulations Exceeding weight by up to 10% Exceeding weight by 10% or more, but less than 15% Exceeding weight by 15% or more 8. Exceeding any weight shown in column (2) of the plating certificate, contrary to regulation 80(1)(b) of the Road Vehicles (Construction and Use) Regulations 1986 Exceeding weight by up to 10% Exceeding weight by 10% or more, but less than 15% Exceeding weight by 15% or more 9. Exceeding maximum gross weight in respect of an agricultural trailed appliance, contrary to regulation 80(1)(c) of the Road Vehicles (Construction and Use) Regulations 1986 Exceeding weight by up to 10% Exceeding weight by 10% or more, but less than 15% Exceeding weight by 15% or more 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 Exceeding weight by up to 10% Exceeding weight by 10% or more, but less than 15% Exceeding weight by 15% or more 6 Section 42 Road Traffic Act 1988 Table 6 (1) Nature of contravention or failure constituting the offence (2) Amount of penalty 1. Failure to meet requirements regarding speed limiters, in accordance with regulation 36A(4) of the Road Vehicles (Construction and Use) Regulations 1986 £120 2. Failure to meet requirements regarding speed limiters, in accordance with regulation 36B(6) of those Regulations £120 3. Failure to maintain vehicle, etc. , or to carry, etc., passengers in accordance with regulation 100(1) of those Regulations, so as not to be a danger £60 4. Failure to carry load in a secure manner, etc., in accordance with regulation 100(2) of those Regulations, so as not to be a danger or nuisance £60 5. Failure to use vehicle for suitable purposes, in accordance with regulation 100(3) of those Regulations, so as not to be a danger or nuisance £60 Signed by authority of the Secretary of State for Transport Jim Fitzpatrick Parliamentary Under Secretary of State Department for Transport 5th March 2009