Graduated Fixed Penalty - Other Offences & Penalties
Introduction
Certain penalties may be graduated to reflect the nature and severity of offence as well as the time or location of the contravention. The level of fine as well as the number of penalty points may vary.
Graduated Fixed Penalty Offences where an offence(s) is committed in contravention of the Road Traffic Act 1988 include:-
- Excess weight - goods and passenger vehicles
- Danger or nuisance offences involving maintenance, security of load etc. - regulation 100
- Speed limiter offences
- Tyres (less than 1mm tread) regulation 27(1)(g)
These are also in Contravention of the Road Vehicles (Construction and Use) Regulations 1986 and in the case of exceeding maximum authorised weights the Road Vehicles (Authorised Weight) Regulations 1998. The tables below give an overview of what to expect regarding the nature of the offence(s) committed and the penalty issued.
It should also be noted here, that further measures scheduled for introduction in 2010 include graduated penalties with a range of penalty points according to given criteria in respect of excess speed and motorway offences.
For Drivers Hours and Recording Equipment offences, please visit Hours Offences within this section of the website.
- Vehicle Overloading
- Danger or Nuisance
- Road Speed Limiters
- Tyres - Minimum Tread Depth
- Further Reading
Vehicle Overloading
Vehicle overloading is covered under Section 41B Road Traffic Act 1988. However, further information relating to this section can be found by visiting the following pages within this website at the links below:-
The following table indicates the type of overloading offence. However, please note that where the weight is exceeded by 30% or more, or the excess weight exceeds 5 tonnes, then a court summons will be issued.
| Regulation | Nature of contravention or failure constituting the offence | Penalty | ||
|---|---|---|---|---|
| £60 | £120 | £200 | ||
| Road Vehicles (Authorised Weight) Regulations 1998 | ||||
| 4(1)(a) Schedule 1 |
Exceeding maximum authorised weight of vehicle | Exceeding weight by up to 10% | Exceeding weight by 10% or more, but less than 15% | Exceeding weight by 15% or more |
| 4(1)(b) Schedule 2 |
Exceeding maximum authorised weight of vehicle combination | |||
| 4(1)(c) Schedule 3 |
Exceeding maximum authorised weight of axle | |||
| Road Vehicles (Construction and Use) Regulations 1986 | ||||
| 75(1) Schedule 11 |
Exceeding maximum permitted laden weight of a vehicle | Exceeding weight by up to 10% | Exceeding weight by 10% or more, but less than 15% | Exceeding weight by 15% or more |
| 75(3) | Exceeding maximum permitted laden weight of trailer | |||
| 76(1) | Exceeding maximum permitted laden weight of a vehicle and trailer, other than an articulated vehicle | |||
| 80(1)(a) | Exceeding any weights shown on reg 66 plate (manufacturers plate) | |||
| 80(1)(b) | Exceeding any weight shown on plating certificate | |||
| 80(1)(c) | Exceeding maximum gross - agricultural trailed appliance | |||
| 80(2) | Exceeding sum of weights - compensating axles | |||
Danger or Nuisance
This area is covered under Section 42 Road Traffic Act 1988. Section 42, makes it an offence to fail to comply with any construction and use requirements where Regulation 100(1) of the Road Vehicles (Construction and Use) Regulations 1986 is concerned, which requires motor vehicles and trailers to be in such condition that no danger or likelihood of danger is caused.
Within Regulation 100, there are three distinct elements, namely, likely to be a danger, likely to be a nuisance and the unsuitability of the vehicle, and proof for each is equally distinct.
The three sub-sections to this offence are:-
- 100(1) - Requires that all parts and accessories of vehicles / trailers shall at all times be in shall condition, the number and manner of passengers carried, the weight, distribution, the packaging and the adjustment of the load shall at all times be such, that no danger is caused or is likely to be caused to any person in or on the vehicle or trailer or on a road.
- 100(2) - Requires that the load carried shall at all times be so secured, if necessary by physical restraint other than by its own weight, and in such a position that no danger or nuisance is likely to be caused (either to property or persons). Only likelihood to cause danger or nuisance needs to be proved.
- 100(3) - Vehicle is unsuitable for the purpose that it is being used for. Only likelihood to cause danger or nuisance needs to be proved.
Further information relating to this section can be found by visiting Load Security within this website.
| Regulation | Nature of contravention or failure constituting the offence | Penalty |
|---|---|---|
| R 100(1) | Failure to maintain a vehicle, etc., or to carry, etc., passengers so as not to be a danger | £60 |
| R 100(2) | Failure to carry a load in a secure manner, etc., so as not to be a danger or nuisance | £60 |
| R 100(3) | Failure to use vehicle for suitable purposes so as not to be a danger or nuisance | £60 |
Road Speed Limiters
This area is covered under Section 42 Road Traffic Act 1988. However, further information relating to this section can be found by visiting Speed Limiters within this website. RSL offences are non-endorseable.
| Regulation | Nature of contravention or failure constituting the offence | Penalty |
|---|---|---|
| R 36A(4) | Failure to meet requirements regarding speed limiters - passenger vehicles | £120 |
| R 36B(6) | Failure to meet requirements regarding speed limiters - goods vehicles | £120 |
Tyres - Minimum Tread Depth
This area is covered under Section 41A Road Traffic Act 1988. However, further information relating to this section can be found by visiting Tyres within this website. Tyre offences are endorseable.
| Regulation | Nature of contravention or failure constituting the offence | Penalty |
|---|---|---|
| R 27(1)(g) | Failure to have a tread pattern of at least 1 millimetre | £120 |
Further Reading
To further endorse the information above and to find out more, please visit the links below.
