The Road Traffic (Financial Penalty Deposit) (Appropriate Amount) Order (Northern Ireland) 2012

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Road Traffic (Financial Penalty Deposit) (Appropriate Amount) Order (Northern Ireland) 2012 and shall come into operation on 23^rd April 2012.

(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(1);

“Authorised Weight Regulations” means the Motor Vehicles (Authorised Weight) Regulations (Northern Ireland) 1999(2);

“the Community Recording Equipment Regulation” has the meaning given in regulation 2 of the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996(3);

“the Construction and Use Regulations” means the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999(4);

“the Drivers’ Hours Regulations” means the Vehicles (Drivers’ Hours of Duty) Regulations (Northern Ireland) 1991(5);

“the EC Regulation” means Regulation (EC) No. 561/2006 of the European Parliament and of the Council(6) as amended from time to time;

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

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

The appropriate amount

2.—(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, £300.

(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 £900.

Sealed with the Official Seal of the Department of the Environment on 26^th January 2012

Deirdre Kenny

A senior officer of the

Department of the Environment