Moving traffic enforcement — Welsh adoption (May 2022) procedural defects
Welsh local authorities gained moving traffic enforcement powers (yellow boxes, no-entry, banned turns) under the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (Wales) Regulations 2022 and the corresponding Representations and Appeals Regulations 2022, commencement May 2022. Many Welsh authorities adopted these without (a) Welsh Ministers' formal designation order, (b) the required publicity campaign, or (c) bilingual approved-device certification. Early enforcement is vulnerable to procedural challenge.
Legal basis
Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (Wales) Regulations 2022 (WSI 2022/?); Traffic Management Act 2004 Pt 6 as applied to Wales; Welsh Ministers' Designation Orders
How to identify this in your case
FOI the Council to confirm: (a) date of Welsh Ministers' designation, (b) device type-approval certificate, (c) bilingual certification, (d) the publicity / warning-notice period before enforcement began.
Sample appeal wording
Dear Sir/Madam, Re: PCN [PCN_NUMBER] — alleged moving traffic contravention Moving traffic civil enforcement in Wales requires (a) the Welsh Ministers' designation of the Council under the 2022 Regulations, (b) the use of an approved device certified for use in Wales, and (c) compliance with the publicity and warning-notice obligations attaching to first enforcement at the location. Under the Freedom of Information Act 2000 / regulation 4 of the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (Wales) Regulations 2022, please supply: (i) a copy of the Welsh Ministers' designation order, (ii) the device type-approval certificate, (iii) evidence that the location was operating under formal warning-notice phase only, or that the warning-notice phase had ended in respect of this location. If the Council cannot produce these, the PCN is unlawful and must be cancelled. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- legislation.gov.uk (WSI 2022 series)
- gov.wales — Moving Traffic Enforcement Statutory Guidance