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

SCHEDULE 5Amendments relating to traffic signs

Regulation 43

Amendment of Schedule 3 to the London Local Authorities and Transport for London Act 2003

1.

(1)

Schedule 3 to the London Local Authorities and Transport for London Act 200349 (scheduled traffic signs for the purposes of section 4 of that Act) is amended in accordance with this paragraph.

(2)

In paragraph 1, after “table” insert “in paragraph 4”.

(3)

In paragraph 2, after “table” insert “in paragraph 4 below”.

(4)

In paragraph 4—

(a)

the existing text becomes sub-paragraph (1);

(b)

in that sub-paragraph, after “table” insert “in this paragraph”;

(c)

after that sub-paragraph insert—

“(2)

The marking with diagram number 1027.1 is a scheduled traffic sign for the purposes of section 4 (penalty charges for road traffic contraventions) of this Act only if it is placed in conjunction with an upright sign (within the meaning given in the 2016 Regulations) which includes the symbol at item 10 in Part 3 of Schedule 4 to the 2016 Regulations.”.

(5)

In the table—

(a)

after the entry for “One way traffic” insert—

“Buses prohibited

952 (Schedule 3, Part 2, item 17)”;

(b)

after the entry for “Route for use by buses, pedal cycles and taxis only” insert—

“Route for use by pedal cycles only

955 (Schedule 3, Part 2, item 28)

Route for use by pedal cycles and pedestrians only

956 (Schedule 3, Part 2, item 29)

Route comprising two ways, for use by pedal cycles only and by pedestrians only

957 (Schedule 3, Part 2, item 32)

With-flow cycle lane

959.1 (Schedule 9, Part 4, item 9)

Contra-flow cycle lane

960.1 (Schedule 9, Part 4, item 6)”.

(6)

After paragraph 4 insert—

“5.

Column 1 of the table in paragraph 7 below sets out the description of the sign, which corresponds with the description as set out in the Traffic Signs Regulations and General Directions 200250 (“the 2002 Regulations”) of the requirement, restriction or prohibition conveyed by the relevant traffic sign.

6.

Column 2 of the table in paragraph 7 below sets out the corresponding number given to the diagram illustrating the relevant traffic sign in the 2002 Regulations.

7.

The signs include permitted variants of the signs as described in the 2002 Regulations.

(1) Description

(2) Diagram number (with location in the Traffic Signs Regulations and General Directions 2002)

Entry to pedestrian zone restricted

618.2 (Schedule 2)

Entry to and waiting in pedestrian zone restricted

618.3 (Schedule 2)

Entry to and waiting in pedestrian zone restricted (variable message sign)

618.3A (Schedule 2)”.

Amendment of Part 4 of Schedule 7 to the TMA 2004

2.

(1)

Part 4 of Schedule 7 to the TMA 2004 (moving traffic contraventions) is amended as follows.

(2)

In paragraph 8(1)(a) (definition), for “paragraph” substitute “paragraphs 8A and”.

(3)

In paragraph 8A (traffic signs subject to civil enforcement in England)51

(a)

in sub-paragraph (2), after “(SI 2016/362)” insert “(“the 2016 Regulations”)”;

(b)

after sub-paragraph (2) insert—

“(2A)

The marking with diagram number 1027.1 is subject to civil enforcement in England only if it is placed in conjunction with an upright sign (within the meaning given in the 2016 Regulations) which includes the symbol at item 10 in Part 3 of Schedule 4 to the 2016 Regulations.”.

(c)

in Table A in sub-paragraph (5), after the entry for “Contra-flow cycle lane” insert—

“Part of the carriageway outside an entrance where vehicles should, or must not, stop

1027.1 (Schedule 7, Part 4, item 10)”.