Section 3: Graduated fixed penalties
18.This section amends Section 53 of the RTOA under which the amount of a fixed penalty is set. The amendment substitutes new subsections (2) and (3). It enables the Secretary of State by order to prescribe graduated amounts for offences. The graduations can take account of the circumstances of the particular offence. Such circumstances include the nature of the offence, its severity, where it has taken place and whether the offender appears to have committed other, prescribed offences during a prescribed period.