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The Road Safety (Financial Penalty Deposit) Order 2009

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This is the original version (as it was originally made).

EXPLANATORY NOTE

(This note is not part of the Order)

This Order specifies certain matters for the purposes of Part 3A of the Road Traffic Offenders Act 1988. That Part, which is inserted by section 11 of the Road Safety Act 2006, provides that constables or vehicle examiners may impose a financial penalty deposit requirement on a person if the constable or vehicle examiner has reason to believe that the person is committing or has on that occasion committed an offence relating to a motor vehicle and the person, offence and circumstances in which the offence is committed are of a description specified in an order made by the Secretary of State (new section 90A).

Articles 3 to 5, with the Schedule to the Order, specify the person, offences and circumstances in which a financial penalty deposit requirement can be imposed. Article 6 specifies the manner of payment. Article 7 sets out the steps to be followed by the Secretary of State where making an appropriate refund in accordance with Part 3A of the Act.

A full Impact Assessment of the effect this instrument will have on costs for the business and voluntary sectors has been produced and is available from the Licensing, Roadworthiness and Insurance Division, Department for Transport, Zone 2/09 Great Minister House, 76 Marsham Street, London SW1P 4DR and may be accessed on the Department’s website at www.dft.gov.uk. A copy has been placed in the library of each House of Parliament.

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