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

Changes to legislation:

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PART 2Penalty charges for relevant road traffic contraventions

Person by whom a penalty charge is to be paid6.

(1)

Where a relevant road traffic contravention occurs, the person by whom the penalty charge is to be paid is to be determined in accordance with this regulation.

(2)

Where—

(a)

the vehicle is a mechanically propelled vehicle which was, at the material time, hired from a vehicle-hire firm under a hiring agreement,

(b)

the person (“P”) hiring it had signed a statement of liability acknowledging P’s liability in respect of any penalty charge notice served in respect of any road traffic contravention involving the vehicle during the currency of the hiring agreement, and

(c)

in response to a notice to owner served on the owner of the vehicle, the owner made representations on the ground specified in regulation 5(4)(d) of the 2022 Appeals Regulations and the enforcement authority accepted those representations,

the penalty charge is payable by P.

(3)

Where the penalty charge is payable by P, P is to be treated as if they were the owner of the vehicle at the material time for the purposes of these Regulations.

(4)

In a case not falling within paragraph (2), the penalty charge is payable by the person who was the owner of the vehicle involved in the contravention at the material time.

(5)

In this regulation—

hiring agreement” has the meaning given in section 66(8) of the Road Traffic Offenders Act 1988 (hired vehicles)15;

the material time” means the time when the contravention giving rise to the penalty charge is said to have been committed.

Annotations:
Commencement Information

I1Reg. 6 in force at 31.5.2022, see reg. 1(2)

15

The definition of “hiring agreement” was amended by the Road Safety Act 2006 (c. 49), Schedule 7.