Statutory Instruments
CRIMINAL LAW, ENGLAND
CRIMINAL LAW, WALES
CRIMINAL LAW, SCOTLAND
Made
25th June 1999
Laid before Parliament
7th July 1999
Coming into force
1st August 1999
In exercise of the powers conferred upon him by section 51(3) of the Road Traffic Offenders Act 1988(1), and after consultation with the organisations mentioned in section 88(2) of that Act, the Secretary of State hereby makes the following Order:
1.—(1) This Order may be cited as the Fixed Penalty Offences Order 1999 and shall come into force on 1st August 1999.
(2) Article 3 of this Order shall not extend to Scotland.
(3) In this Order, “the 1988 Act” means the Road Traffic Offenders Act 1988.
2.—(1) The offences specified in paragraph (2) below shall be fixed penalty offences for the purposes of Part III of the 1988 Act.
(2) The offences referred to in paragraph (1) above are–
(a)overtaking a moving or stationary vehicle on a zebra, pelican or puffin crossing contrary to regulation 24 of the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997(2);
(b)failure to fix a registration mark to a vehicle in accordance with the requirements of regulation 17 of the Road Vehicles (Registration and Licensing) Regulations 1971 (size, shape and character of registration mark)(3); and
(c)driving on the footway contrary to section 72 of the Highways Act 1835(4) or section 129(5) of the Roads (Scotland) Act 1984(5).
(3) In consequence of the provisions of paragraphs (1) and (2) above, the entries in Schedule 3 to the 1988 Act shall be modified as follows–
(a)in the entry relating to section 25(5) of the Road Traffic Regulation Act 1984(6) for the words from “other” to “1987” there shall be substituted the words “other than a contravention of regulations 23, 24, 25 and 26 of the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997”;
(b)after the entry relating to section 43 of the Vehicle Excise and Registration Act 1994(7) there shall be inserted the words “Section 59 of that Act” in column (1) and “Failure to fix prescribed registration mark to a vehicle in accordance with regulations made under section 23(4)(a) of that Act” in column (2); and
(c)after the entry relating to section 2(1) of the Parks Regulation (Amendment) Act 1926(8) there shall be inserted the following–
| Section 72 of the Highways Act 1835 | Driving on the footway |
| Section 129(5) of the Roads (Scotland) Act 1984 | Driving on the footway”. |
3.—(1) The offences specified in paragraph (2) below shall be fixed penalty offences for the purposes of Part III of the 1988 Act.
(2) The offences referred to in paragraph (1) above are–
(a)carrying more than one person on a pedal cycle contrary to section 24 of the Road Traffic Act 1988(9); and
(b)cycling on the footway contrary to section 72 of the Highways Act 1835.
(3) In consequence of the provisions of paragraphs (1) and (2) above, the entries in Schedule 3 to the 1988 Act shall be modified as follows–
(a)after the entry relating to section 23 of the Road Traffic Act 1988 there shall be inserted the words “RTA section 24” in column (1) and “Carrying more than one person on a pedal cycle” in column (2); and
(b)after the entry relating to section 72 of the Highways Act 1835 there shall be inserted, in column (2), the words “Cycling on the footway”.
Paul Boateng
Minister of State
Home Office
25th June 1999
(This note is not part of the Order)
This Order provides for the offences listed in articles 2 and 3 to be fixed penalty offences and makes consequential modifications in Schedule 3 to the Road Traffic Offenders Act 1988, which specifies offences which are fixed penalty offences for the purposes of Part III of that Act. The Order extends to England and Wales and Scotland, except that article 3 extends only to England and Wales.
S.I. 1997/2400.
S.I. 1971/450.
1835 c. 50; there are amendments to section 72 not relevant to this Order.
1926 c. 36; the entry relating to this Act was inserted by S.I. 1987/363, as read with section 2(4) of the Road Traffic (Consequential Provisions) Act 1988 (c. 54).