The Road Safety (Financial Penalty Deposit) (Amendment) Order 2014

This Order amends the Road Safety (Financial Penalty Deposit) Order 2009 (“the 2009 Order”) by adding to the list of offences for which a financial penalty deposit may be required the offence of using or keeping a heavy goods vehicle (“HGV”) on a public road without paying the HGV road user levy under section 11(1) of the HGV Road User Levy Act 2013 (“the 2013 Act”).

The 2013 Act introduces a levy for using or keeping an HGV weighing 12 tonnes or more on a public road in the UK. Section 11 of the 2013 Act makes it an offence to use or keep such a vehicle on a road in the UK without paying the appropriate levy. In order to enable cost-effective and proportionate enforcement of the levy, section 13 of the 2013 Act adds the offence in section 11 to the list of offences in Schedule 3 to the Road Traffic Offenders Act 1988 (“the 1988 Act”) for which fixed penalty notices may be issued by enforcement authorities in Great Britain. The monetary amount of each fixed penalty is set out in the Fixed Penalty Order 2000. Part IIIA of the 1988 Act enables enforcement authorities in Great Britain to require financial penalty deposits from any person issued with a fixed penalty notice if that person does not have a satisfactory UK address. The list of offences for which financial penalty deposits may be required is set out in the 2009 Order.

Article 2 of this Order adds a new Table in Part 1 of the Schedule to the 2009 Order to add the offence in section 11(1) of the 2013 Act to the list offences for which a financial penalty deposit may be required by enforcement authorities in Great Britain.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. An Explanatory Memorandum has been prepared and is available alongside this instrument on the website, www.legislation.gov.uk.