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

New Search

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 6Financial provisions

CHAPTER 2Outside Greater London

Modification of section 55 of the RTRA 1984: parking contraventions outside Greater London27.

(1)

Section 55 of the RTRA 1984 (financial provisions relating to income and expenditure from parking places) applies to a local authority (other than a London authority) which is also an enforcement authority in relation to OGL parking contraventions but as if it were modified as follows.

(2)

For subsection (1) substitute—

“(1)

A local authority (other than a London authority) which is also an enforcement authority (an “OGL authority”) must keep—

(a)

an account of their income and expenditure under this Part of this Act in respect of designated parking places in their area which are not in a civil enforcement area for parking contraventions,

(b)

an account of their income and expenditure under this Part of this Act in respect of designated parking places in their area which are in a civil enforcement area for parking contraventions, and

(c)

an account of their income and expenditure in connection with their functions as an enforcement authority in relation to parking contraventions within paragraph 4 of Schedule 7 to the Traffic Management Act 2004 (parking contraventions outside Greater London).”.

(3)

In subsection (2)—

(a)

for “the account” substitute “any of the accounts”;

(b)

omit the words “or, in Wales, council fund”.

(4)

In subsection (3)—

(a)

for “local authority” substitute “OGL authority”;

(b)

for “the account” substitute “the relevant account”.

(5)

Omit subsections (3A) and (3B).

(6)

In subsection (4)—

(a)

in paragraph (a), omit the words “or, in Wales, council fund”;

(b)

in paragraph (b), for “local authority” substitute “OGL authority”;

(c)

in paragraph (d), in the words before sub-paragraph (i), for “local authority” substitute, “OGL authority”;

(d)

in paragraph (d)(i), for “local authority” substitute “OGL authority”;

(e)

in paragraph (d)(ii)—

(i)

omit the words “or road improvement project”;

(ii)

for “local authority’s” substitute “OGL authority’s”;

(f)

omit paragraph (d)(iii);

(g)

in paragraph (d)(iv), for “local authority’s” substitute “OGL authority’s”;

(h)

omit paragraphs (e) and (f).

(7)

In subsection (4A)—

(a)

for “the local authority” substitute “the OGL authority”;

(b)

omit paragraph (b).

(8)

Omit subsections (8) and (9).

(9)

For subsection (10) substitute—

“(10)

In this section—

(a)

“enforcement authority” means an enforcement authority for the purposes of Part 6 of the Traffic Management Act 2004 (civil enforcement) pursuant to paragraph 8(5) of Schedule 8 to that Act;

(b)

a reference to the income and expenditure of an OGL authority as an enforcement authority is to their income and expenditure in connection with their functions under Part 6 of the Traffic Management Act 2004;

(c)

a reference to a civil enforcement area for parking contraventions is to be construed in accordance with paragraph 8 of Schedule 8 to that Act (designation of civil enforcement areas for parking contraventions outside Greater London).”.