
1 
This Order may be cited as the Road Safety (Financial Penalty Deposit) Order 2009 and shall come into force on 31st March 2009.
2 
In this Order—
 “the Act” means the Road Traffic Offenders Act 1988;
 “credit card” means a card or similar thing issued by any person, use of which enables the holder to defer the payment by the holder of the charge for the appropriate amount; and
 “debit card” means a card or similar thing issued by any person, use of which by the holder causes the charge for the appropriate amount to be paid by the electronic transfer of funds from any current account of the holder at a bank or other institution providing banking services.
3 
The specified person for the purposes of section 90A(2)(b) of the Act is the person whom the constable or vehicle examiner has reason to believe—
(a) is committing, or has on the occasion concerned, committed an offence specified in this Order relating to a motor vehicle or trailer; or
(b) has, within the period of 28 days before the day of that occasion, committed an offence relating to a motor vehicle which is a Community drivers’ hours offence.
4 
The specified offences for the purposes of section 90A(2)(b) of the Act are set out in column one of the tables in the Schedule (the general nature of the offence is also indicated in column two).
5 

(1) The specified circumstances for the purposes of section 90A(2)(b) of the Act are that the offence is being committed, or has ... been committed, on a road or other public place.
(2) In paragraph (1) “road”—
(a) in relation to—
(i) England, Wales and Northern Ireland,
(ii) another contracting country,
means any highway and any other road to which the public has access, and includes bridges over which a road passes; and
(b) in relation to Scotland, means any road within the meaning of the Roads (Scotland) Act 1984 and any other way to which the public has access, and includes bridges over which a road passes. 
6 
Payment of the appropriate amount shall be made—
(a) in person to the vehicle examiner or the constable, by cash or credit or debit card, if the vehicle examiner or constable has the necessary means to accept payment in that manner;
(b) by telephone by credit or debit card, to the number given on the document referred to in section 90A(3) of the Act, if a number is so given; or
(c) by any other means specified on the document referred to in section 90A(3) of the Act.
7 

(1) The appropriate steps to trace the person and to make an appropriate refund, for the purposes of section 90C(11) of the Act are set out in paragraphs (2) and (3).
(2) The Secretary of State shall—
(a) attempt to contact the person (on whom the financial penalty requirement was imposed) at any address given in any response or in any document provided to a vehicle examiner or constable;
but if the attempt to contact that person is unsuccessful, and if a person other than that person made the payment,
(b) attempt to contact that other person, at any address or contact details given when the person made the payment.
(3) The means by which an appropriate refund can be made by the Secretary of State are—
(a) by cheque;
(b) by refund to any credit or debit card used to make the financial penalty payment; or
(c) by any other means agreed with the person to whom the appropriate refund is to be made.
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport

SCHEDULE
Article 4
PART 1

Table 1Provision creating offence General nature of offence
Section 96(11)  Contravention of any requirement of the domestic drivers' hours code
Section 96(11A)  Contravention of any requirement of applicable Community rules as to periods of driving, etc.
Section 97(1)  Using vehicle in contravention of  requirements relating to installation, use or repair of recording equipment in accordance with the EU Tachographs Regulation
Section 97ZA(1) and (2)  Using vehicle in contravention of requirements relating to installation, use or repair of recording equipment in accordance with the AETR.
Section 97AA(1)  Forgery, etc., of seals on recording equipment
Section 98(4)  Contravention of regulations made under section 98 or any requirement as to books, records or documents of applicable Community rules
Section 99(4)  Failing to comply with requirements relating to inspection of records or obstructing an officer
Section 99(5)  Making false entry in book, register or document, etc.
Section 99ZD(1)  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
Section 99ZE(1)  Making or permitting, false record or entry, etc.
Section 99ZE(3) Recording or causing or permitting to be recorded false data on recording equipment or driver card, etc.
Section 99ZE(6) Producing, supplying or installing device to interfere with recording equipment or falsify, etc., data
Section 99C  Failure to comply with prohibition or direction in relation to driving vehicle.

Table 2Provision creating offence General nature of offence
Section 3(1) Driving a foreign goods or foreign public service vehicle in contravention of a prohibition, etc.

Table 3Provision creating offence General nature of offence
Section 6(2)  Using a vehicle without certificate of initial fitness (or equivalent)
Section 12(5)  Using public service vehicle except under PSV operators' licence
Section 18(4) Using a vehicle without displaying operator's disc
Section 65(2) Forgery and misuse of documents, etc.

Table 4Provision creating offence General nature of offence

Section 5(1)
 Using a vehicle in contravention of a traffic regulation order outside Greater London
Section 8(1) Breach of traffic regulation order in Greater London
Section 11(1) Breach of experimental traffic order
Section 16(1) Using a vehicle in contravention of temporary prohibition or restriction of traffic in case of execution of works, etc.
Section 17(4) Wrongful use of special road

Section 18(3)
 Using a vehicle in contravention of provision for one-way traffic on trunk road

Section 20(5)
 Driving a vehicle in contravention of order prohibiting or restricting driving vehicles on certain classes of roads
Section 25(5) Breach of pedestrian crossing regulations
Section 88(7) Contravention of minimum speed limit
Section 89(1) Exceeding speed limit

Table 5Provision creating offence General nature of offence
Section 3  Careless, and inconsiderate, driving
Section 4(1)  Driving or attempting to drive when unfit to drive through drink or drugs
Section 4(2)  Being in charge of a mechanically propelled vehicle when unfit to drive through drink or drugs
Section 5(1)(a) Driving or attempting to drive with excess alcohol in breath, blood or urine
Section 5(1)(b) Being in charge of a motor vehicle with excess alcohol in breath, blood or urine
Section 12(1) Motor racing and speed trials on public ways

Section 13(1)
 Other unauthorised or irregular competitions or trials on public ways

Section 14(3)
 Breach of regulations requiring wearing of seat belts

Section 15(2) 
 Driving motor vehicle with child not wearing seat belt or with child in a rear-facing child restraint front seat with an active air bag

Section 15(4) 
 Driving motor vehicle with child in rear not wearing seat belt
Section 16(4) Driving or riding motor cycles in contravention of regulations requiring wearing of protective headgear
Section 18(3) Contravention of regulations with respect to use of head-worn appliances (eye protectors) on motor cycles
Section 19(1) Prohibition of parking of heavy commercial vehicles on verges, etc.
Section 22  Leaving vehicle in dangerous position

Section 33(3)
 Unauthorised motor vehicle trial on footpaths or bridleways, etc.

Section 34(1) 
 Driving mechanically propelled vehicles elsewhere than on roads

Section 35(1) 
 Failing to comply with traffic directions given by constable or traffic officer engaged in the regulation of traffic in a road
Section 35(2)  Failing to comply with traffic directions given by constable or traffic officer where a traffic survey is being carried out
Section 36(1) Failing to comply with traffic signs
Section 40A  Using a vehicle in dangerous condition etc.
Section 41A  Breach of requirement as to brakes, steering-gear or tyres
Section 41B Breach of requirement as to weight: goods and passenger vehicles
Section 41D  Breach of requirements as to control of vehicle, mobile telephone, etc.
Section 42  Breach of other construction and use requirements
Section 47(1) Using etc., vehicle without required test certificate being in force
Section 53(1) Using, etc., goods vehicle without required plating certificate being in force
Section 53(2) Using, etc., goods vehicle without required goods vehicle test certificate being in force
Section 53(3) Using, etc., goods vehicle where Secretary of State is required by regulations under section 49 to be notified of an alteration to the vehicle or its equipment but has not been notified

Section 63(1)
 Using, etc., goods vehicle without required certificate being in force showing that the vehicle, etc., complies with type approval requirements applicable to it
Section 63(2) Using, etc., certain goods vehicles for drawing trailer when plating certificate does not specify maximum laden weight for vehicle and trailer

Section 63(3)
 Using, etc., goods vehicle where Secretary of State is required to be notified under section 59 of alteration to it or its equipment but has not been notified
Section 64(2) Using goods vehicle with unauthorised weights as well as unauthorised weights marked on it
Section 67(9) Obstructing testing of vehicle by examiner on road or failing to comply with requirements of Road Traffic Act 1988 section 67 or Schedule 2
Section 68(3)  Obstructing inspection, etc., of vehicle by examiner
Section 68(5) Failing to comply with requirement to take vehicle for inspection
Section 71(1)  Driving, etc., vehicle in contravention of prohibition on driving it as being unfit for service, or failing to comply with direction to remove a vehicle found overloaded
Section 76(1)  Fitting of defective or unsuitable vehicle parts
Section 78(3) Failing to comply with requirement about weighing motor vehicle or obstructing authorised person
Section 87(1)  Driving otherwise than in accordance with a licence
Section 94A(1)  Driving after refusal or revocation of licence etc.
Section 96(1) Driving with uncorrected defective eyesight
Section 103(1)(b) Driving while disqualified
Section 114(1)  Failing to comply with conditions of LGV or PCV driver's licence
Section 114(2) Causing or permitting a person under 21 to drive LGV or PCV in contravention of conditions of licence

Section 143(2)
 Using, etc., motor vehicle while uninsured or unsecured against third party risks
Section 163(3) , insofar as it relates to section 163(1) Failing to stop mechanically propelled vehicle when required
Section 164(6)  Failing to produce driving licence ..., etc., or to state date of birth, etc.
Section 165(3) Failing to give certain names and addresses or produce certain documents on request when driving a motor vehicle, etc.
Section 165(6) Failing to give certain names and addresses while supervising a provisional licence-holder, etc.
Section 168 (insofar as it relates to the case referred to in paragraph (a) of that section) Refusing to give, or giving false, name and address in case of reckless, careless or inconsiderate driving of a mechanically propelled vehicle
Section 170(4) Failing to stop after accident and give particulars or report accident
Section 181(3) Obstructing inspection of vehicles after accident

Table 6Provision creating offence General nature of offence
Section 62(2) Removing or interfering with fixed penalty notice fixed to vehicle
Section 90D(6)  Driving a vehicle in contravention of a prohibition on driving, etc., on failure to make a financial penalty deposit payment

Table 7Provision creating offence General nature of offence
Section 42(1) Driving or keeping a vehicle without required registration mark
Section 43(1) Driving or keeping a vehicle with registration mark obscured etc.
Section 44(1) Forgery and fraudulent use, etc., of a registration mark etc.
Section 59(1)  Failure to fix prescribed registration mark to a vehicle in accordance with regulations made under section 23(4) of the Act

Table 8Provision creating offence General nature of offence
Section 2(5) Using goods vehicle on road for carriage of goods except under operator's licence
Section 3(6) Using a vehicle on a restricted operator's licence whilst carrying goods for hire or reward
Section 3(7) Using a vehicle on an international journey carrying goods for hire or reward whilst holding a licence for national transport operations only
Section 38(1) Forgery of documents, etc.

Table 9Provision creating offence General nature of offence
Section 40(3) Failure to comply with PSV accessibility regulations made under section 40(1) etc.
Section 41(3) Using a regulated public service vehicle on the road where no accessibility certificate or approval certificate has been issued

Table 10
Provision creating offence General nature of offence
Section 11(1) Using or keeping a heavy goods vehicle on a public road without paying the HGV road user levy.

Table 11
Provision creating offence General nature of offence
Section 8(2) Driver of a goods vehicle breaching a requirement under section 6(2)(a) of that Act to produce a permit without reasonable excuse
Section 8(3) Wilfully obstructing an examiner exercising powers under section 6 of that Act
Section 8(4)(a) Breaching a prohibition under section 7 of that Act without reasonable excuse
Section 8(4)(b) Causing or permitting a breach of a prohibition under section 7 of that Act without reasonable excuse
PART 2

Table 1Provision creating offence General nature of offence
Regulation 19(1) Using vehicle for Community regulated carriage of passengers otherwise than in accordance with the Council Regulations or the Commission Regulation
Regulation 19(2) Using vehicle for ASOR regulated or Community regulated carriage by road without passenger waybill

Table 2Provision creating offence General nature of offence
Regulation 3 Use of goods vehicle without Community authorisation
Regulation 7 Failure to comply with conditions governing use of Community authorisation

Table 3Provision creating offence General nature of offence
Regulation 3 Use of public service vehicles without Community licence
Regulation 7 Failure to comply with conditions governing use of Community licence

Table 4Provision creating offence General nature of offence
Regulation 3(1) Use of vehicle for UK cabotage operations without Community licence
Regulation 4(1) Use of vehicle for UK cabotage operations without control document
Regulation 7(1) Failure to produce Community licence when requested
Regulation 7(3) Failure to produce control document when requested

Table 6Provision creating offence General nature of offence
Regulation 10(1) Driving on road without completing appropriate initial Certificate of Professional Competence (CPC) test, or driving on road if more than five years have elapsed since obtaining relevant CPC
Regulation 10(2) Causing or permitting another person to drive in breach of regulation 10(1)
Regulation 11(1) Failing to carry evidence of  relevant  CPC
Regulation 11(3) Failing to carry evidence of  initial  CPC
Regulation 11(5) Failing to carry National Vocational Training Certificate in the vehicle in which the person is driving
Regulation 11(7) Failing to produce evidence of  relevant CPC or National Vocational Training Certificate when required
Regulation 13(1) Forgery, alteration, etc. of certain documents

Table 7
Provision creating offence General nature of offence
Regulation 4 Using a vehicle in Great Britain in contravention of the requirement to possess a Community licence

Table 8
Provision creating offence General nature of offence
Regulation 5 Keeping or using a trailer that has not been registered under those Regulations on a journey to or through a foreign country that is a contracting party to the 1968 Vienna Convention on Road Traffic (“the 1968 Convention”)
Regulation 19(1)(a) Using a registered trailer with an expired registration document on a journey to or through a foreign country that is a contracting party to the 1968 Convention
Regulation 19(1)(f) Failing to produce a trailer registration document when required to do so
Regulation 19(1)(g) Failing to fix a registration plate on a registered trailer in accordance with those Regulations
Regulation 19(1)(h) Displaying a trailer registration mark on a trailer that is not assigned to that trailer
Regulation 20 Keeping or using an incorrectly registered trailer on a road
Regulation 21 Keeping or using a registered trailer on a road with a registration mark that is obscured
Regulation 22(a) Wilfully obstructing a person carrying out an inspection of a trailer under those Regulations

Table 9Provision creating offence General nature of offence
Article 2(6) Driver of a heavy commercial vehicle in Kent failing to comply with or contravening a direction given, or requirement imposed, by a traffic officer