The Road Traffic (Vehicle Emissions) (Fixed Penalty) Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for specified local authorities to issue fixed penalty notices to users of vehicles within their area who contravene, or fail to comply with, regulation 61 of the Road Vehicles (Construction and Use) Regulations 1986 and to drivers of vehicles within their area who contravene, or fail to comply with, regulation 98 of those Regulations. Regulation 61 makes provision concerning the emission of smoke and other substances from vehicles and regulation 98 makes provision for the stopping of the engine of a stationary vehicle to avoid noise and exhaust emissions.

A fixed penalty notice is a notice which enables a person who has committed an offence to discharge any liability to conviction on payment of a fixed penalty of £60 in the case of a contravention of regulation 61 and £20 in the case of a contravention of regulation 98. The Regulations make provision for a request to be made for a hearing in respect of the offence and for the increase in the amount of the fixed penalty if it remains unpaid at the end of the period of 28 days after the offence without a request for a hearing having been made.

A compliance cost assessment has been prepared and copies can be obtained from the Department of the Environment, Transport and the Regions, Zone 2/05, Great Minster House, 76 Marsham Street, London SW1P 4DR (telephone [phone]). Copies have been placed in the libraries of each House of Parliament.