Legislation – The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022

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Introduction

PART 1
Preliminary

1 Citation, commencement, extent and application

2 Interpretation

3 Service by post or electronically

4 Approved Devices

PART 2
Penalty charges for relevant road traffic contraventions

5 Imposition of penalty charges for relevant road traffic contraventions

6 Person by whom a penalty charge is to be paid

7 Evidence of contravention

8 Criminal proceedings for relevant road traffic contraventions

9 Penalty charge notices for parking contraventions: service by civil enforcement officers

10 Penalty charge notices for relevant road traffic contraventions: enforcement authority

11 Circumstances in which notification of a penalty charge for a parking contravention on a road in a civil enforcement area may be given otherwise than by fixing a notice to the vehicle

12 Removal of, or interference with, a penalty charge notice

PART 3
Immobilisation of vehicles for parking contraventions

13 Power to immobilise vehicles

14 Limitations on the power to immobilise vehicles

15 Release of immobilised vehicles

PART 4
Adjudicators

16 Appointment etc of adjudicators

17 Adjudication process and remuneration of adjudicators: expenses of the relevant enforcement authorities

18 Discharge of functions of enforcement authorities relating to adjudicators: in Greater London

19 Discharge of functions of enforcement authorities relating to adjudicators: outside Greater London

PART 5
Enforcement of penalty charges

20 Notice to owner

21 Charge certificate

22 Enforcement of charge certificate

23 Invalid notices

PART 6
Financial provisions

CHAPTER 1 Greater London

24 Setting the levels of charges applicable in Greater London

25 Modification of section 55 of the RTRA 1984: London authorities

CHAPTER 2 Outside Greater London

26 Guidelines for the level of charges applicable outside Greater London

27 Modification of section 55 of the RTRA 1984: parking contraventions outside Greater London

28 Income and expenditure in connection with OGL bus lane contraventions

29 Income and expenditure in connection with OGL moving traffic contraventions

30 Surpluses to be carried forward

31 Use of surpluses

PART 7
Consequential, Transitional and Savings Provisions

32 Revocations

33 Transitional provisions and savings: general

34 Transitional provisions and savings in connection with the revocation of the 2007 General Regulations: existing contraventions, existing offences and related matters

35 Transitional provisions and savings: outstanding penalty charges

36 Transitional provisions and savings in connection with the revocation of the 2007 General Regulations: adjudicators and related reports

37 Transitional provisions and savings in connection with the revocation of the 2007 General Regulations: arbitration

38 Transitional provisions and savings in connection with the revocation of the 2007 General Regulations: accounts kept by a London authority

39 Transitional provisions and savings in connection with the revocation of the 2007 General Regulations: accounts kept by enforcement authorities outside Greater London

40 Transitional provisions and savings: approved devices

41 Transitional provisions and savings: charging guidelines

42 Consequential amendments

PART 8
Amendments related to traffic signs that are subject to civil enforcement

43 Traffic signs that are subject to civil enforcement

SCHEDULES

SCHEDULE 1 Specified requirements for approved devices

SCHEDULE 2 Penalty charge notices

SCHEDULE 3 Guidelines for the setting by enforcement authorities of charges for relevant road traffic contraventions etc outside Greater London

SCHEDULE 4 Consequential Amendments

SCHEDULE 5 Amendments relating to traffic signs

Signature

Explanatory note

PART 3Immobilisation of vehicles for parking contraventions

Power to immobilise vehicles13.

(1)

Where a penalty charge notice has been given under regulation 9, a civil enforcement officer, or a person acting under the direction of a civil enforcement officer, may fix an immobilisation device to the vehicle while it remains in the place where it was found.

(2)

Where a person fixes an immobilisation device to a vehicle in accordance with this regulation, they must also fix a notice (an “immobilisation notice”) to the vehicle.

(3)

An immobilisation notice must—

(a)

indicate that such a device has been fixed to the vehicle,

(b)

warn that no attempt should be made to drive the vehicle or otherwise put it in motion until it has been released from that device,

(c)

specify the steps to be taken in order to secure the vehicle’s release, and

(d)

warn that unlawful removal of the immobilisation device is an offence.

(4)

An immobilisation notice must not be removed or interfered with except by, or under the authority of—

(a)

the owner, or person in charge of, the vehicle, or

(b)

the enforcement authority.

(5)

A person contravening paragraph (4) is—

(a)

guilty of an offence, and

(b)

liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(6)

Any person who, without being authorised to do so in accordance with these Regulations, removes, or attempts to remove, an immobilisation device fixed to a vehicle in accordance with this regulation is—

(a)

guilty of an offence, and

(b)

liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7)

This regulation is subject to regulation 14.