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Statutory Instruments

1992 No. 346

CRIMINAL LAW, ENGLAND AND WALES

The Fixed Penalty order 1992

Made

21st February 1992

Laid before Parliament

2md March 1992

Coming into force

1st April 1992

In exercise of the power conferred on me by section 53 of the Road Traffic Offenders Act 1988(1), and after consultation with the organisations mentioned in section 88(2) of that Act, I hereby make the following Order-

1.-(1) This Order may be cited as the Fixed Penalty Order 1992 and shall come into force on 1st April 1992

(2) This Order applies in relation to a fixed penalty offence alleged to have been committed on or after 1st April 1992

(3) This Order shall not extend to Scotland.

2. The fixed penalty for an offence shown in column (1) of the Schedule to this Order shall be the amount shown opposite thereto in column (2)

Kenneth Baker

One of Her Majesty's Principal Secretaries of State

Home Office

21st February 1992

Article 2

SCHEDULE

(1) Offence(2) Fixed Penalty
(a) A fixed penalty offence other than one in paragraph (b), (c) or (d0 below;£20.00
(b) A fixed penalty parking offence committed in London before the day on which the first priority route order comes into force and such an offence committed on or after that day in London otherwise than on a red route;£30.00
(c) A fixed penalty parking offence committed in London on a red route on or after that day on which the first priority route order comes into force;£40.00
(d) A fixed penalty offence involving obligatory endorsement£40.00

In this Schedule:

  • "fixed penalty parking offence" means:

    (i)

    an offence under the Road Traffic Regulation Act 1984(2) which is a fixed penalty offence, which does not involve obligatory endorsement and which is committed in respect of a stationary vehicle;

    (ii)

    an offence under section 15(1) of the Greater London Council (General Powers) Act 1974(3);

    (iii)

    an offence under section 137(10 of the Highways Act 1980(4);

    (iv)

    an offence under section 19 of the Road Traffic Act 1988(5); or

    (v)

    an offence under section 42 of the Road Traffic Act 1988 consisting in the causing of an unnecessary obstruction of a road in breach of regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986(6);

    (vi)

    or, in the case of paragraph (b) above,

    (vi)

    an offence under the Parks Regulation Acts 1872 and 1926(7) consisting in the failure to comply with, or acting in contravention of, regulation 4(30) of the Royal and other Parks and Gardens Regulations 1977(8);

  • "London" means the areas which, under section 76(1) of the London Government Act 1963(9), comprise the Metropolitan Police District together with the City of London, the Inner Temple and the Middle Temple;

  • "red route" means a length of road-

    (1)

    to which, for the time being, a traffic sign lawfully placed on the road relates bearing the words "Red Rout", with or without any other word or any sign or other indication, or

    (2)

    on which, for the time being, a traffic sign consisting of a red line or mark has been lawfully placed, or

    (3)

    to which, for the time being, such traffic sign as is referred to in paragraph (1) above relates and on which, for the time being, such traffic sign as is referred to in paragraph (2) above has been lawfully placed;

  • "the first priority route order" means the first order made under section 50 of the Road Traffic Act 1991(10);

  • "traffic sign" means a traffic sign for the purposes of section 64(1) of the Road Traffic Regulation Act 1984 which conveys any restriction or prohibition under an order made under the said Act of 1984.

Explanatory Note

(This note is not part of the Order)

This Order prescribes fixed penalties for fixed penalty offences. The penalty for offences involving obligatory endorsement is £40; for illegal parking in London on a red route £40, and £30 otherwise; and for illegal parking elsewhere, £20. For other fixed penalty offences which do not involve obligatory endorsement the penalty is £20.

This Order, which does not extend to Scotland, comes into force on 1st April 1992 and applies only to offences committed on or after that date.

(1)

1988 c. 53; section 53 was substituted by the Road Traffic Act 1991 (c. 40), Schedule 4, paragraph 102.

(2)

1984 c. 27.

(3)

1974 c.xxiv.

(4)

1980 c. 66.

(5)

1988 c. 52.

(6)

S.I. 1986/1078, to which there are amendments not relevant to this Order.

(7)

1872 c. 15 (35 and 36 Vict.) and 1926 c. 36 (16 and 17 Geo.5).

(8)

S.I. 1977/217.

(9)

1963 c. 33; section 76(1)(b) to (d) were substituted by S.I. 1974/482.

(10)

1991 c. 40.

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