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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:-

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
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.

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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

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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:-

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

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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.

Guide to Graduated Fixed Penalties - Vosa PDF logo
Enforcement Policy - Vosa PDF logo

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