Civil Enforcement of Road Traffic Contraventions (General Provisions) (England) Regs 2022

Provision 1· legislation, statutory-instrument, civil-enforcement

This Statutory Instrument has been printed in substitution of the S.I. of the same number to correct an error in the signature block on page 28. It is being issued free of charge to all known recipients of that Statutory Instrument. 2022 No. 71 Road Traffic, England The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 Made 22nd January 2022 Laid before Parliament 27th January 2022 Coming into force 31st May 2022 These Regulations are made by— a the Secretary of State in exercise of the powers in section 4(19) of the London Local Authorities and Transport for London Act 2003 and sections 72, 73(3), 79, 88, 89 and 92 of, and paragraph 10 of Schedule 7 to and paragraphs 6 and 8 of Schedule 9 to, the Traf [...]

Provision 2· legislation, statutory-instrument, civil-enforcement

Schedule 7 to the TMA 2004 in Greater London, b a London lorry ban contravention , or c a moving traffic contravention within paragraph 8 of Schedule 7 to the TMA 2004 in a civil enforcement area in Greater London. Interpretation 2 In these Regulations— “ the LGA 1972 ” means the Local Government Act 1972 “ the RTRA 1984 ” means the Road Traffic Regulation Act 1984 ; “ the TMA 2004 ” means the Traffic Management Act 2004; “ the 2007 General Regulations ” means the Civil Enforcement of Parking (England) General Regulations 2007 ; “ the 2022 Appeals Regulations ” means the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 ; “adjudicator”, other than in regulation 36 , means an adjudicator appointed, or treated as appointed, [...]

Provision 3· legislation, statutory-instrument, civil-enforcement

n to a relevant road traffic contravention, means a civil enforcement officer provided by the authority which is the enforcement authority in relation to that contravention; “ the commencement date ” means the day on which these Regulations come into force; “enforcement notice”, other than in regulation 35, means— a regulation 10 penalty charge notice, or a notice to owner; “ immobilisation notice ” has the meaning given in regulation 13(2) ; “notice to owner”, other than in regulation 35 , has the meaning given in regulation 20 ; “ notice of rejection ” means a decision notice served by an enforcement authority under regulation 6(4)(b) of the Appeals Regulations which states that the enforcement authority does not accept the representations made under regulation 5 of those Regulati [...]

Provision 4· legislation, statutory-instrument, civil-enforcement

ty charge; “regulation 10 penalty charge notice” means a penalty charge notice served under regulation 10 ; “ relevant road traffic contravention ” means— a parking contravention within paragraph 2 of Schedule 7 to the TMA 2004 (parking contraventions relating to parking places in Greater London) in Greater London, a parking contravention within paragraph 3 of that Schedule (other parking contraventions in Greater London) in a civil enforcement area in Greater London, an OGL bus lane contravention, an OGL moving traffic contravention, or an OGL parking contravention; “ vehicle-hire firm ” has the meaning given in section 66(8) of the Road Traffic Offenders Act 1988 (hired vehicles) . Service by post or electronically 3 1 This regulation makes provision about the service of documen [...]

Provision 5· legislation, statutory-instrument, civil-enforcement

ans of electronic data transmission where— a the vehicle-hire firm has indicated in writing to the person sending the document that it is willing to regard a document as having been duly sent to it if it is transmitted to a specified electronic address, and b the document is transmitted to that address. Approved Devices 4 A device is an approved device for the purposes of these Regulations if it is of a type which has been certified by the Secretary of State as one which meets requirements specified in Schedule 1. PART 2 Penalty charges for relevant road traffic contraventions Imposition of penalty charges for relevant road traffic contraventions 5 1 A penalty charge may be imposed with respect to a vehicle where that vehicle is involved in a relevant road traffic contravention whic [...]

Provision 6· legislation, statutory-instrument, civil-enforcement

n 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 Whe [...]

Provision 7· legislation, statutory-instrument, civil-enforcement

the basis of a record produced by an approved device. Criminal proceedings for relevant road traffic contraventions 8 1 No criminal proceedings may be instituted, and no fixed penalty notice may be issued, in respect of conduct constituting a parking contravention, except a pedestrian crossing contravention. 2 No penalty charge is payable in relation to a pedestrian crossing contravention, an OGL bus lane contravention or an OGL moving traffic contravention where— a the conduct constituting the contravention is the subject of criminal proceedings, or b a fixed penalty notice is given in respect of that conduct. 3 Where, despite paragraph (2)— a a penalty charge is paid in respect of a contravention, and b the circumstances are as mentioned in paragraph (2)(a) or (b), the en [...]

Provision 8· legislation, statutory-instrument, civil-enforcement

rson appearing to the civil enforcement officer to be in charge of the vehicle. 3 Except as provided for in paragraphs (4) to (6) and regulation 10 , notification of a penalty charge in respect of a parking contravention on a road may only be given by a civil enforcement officer by fixing a penalty charge notice to the vehicle. 4 The requirement in paragraph (3) that notification be given by the fixing of a penalty charge notice to the vehicle does not apply— a where the civil enforcement officer is able to give the penalty charge notice to the person appearing to the officer to be in charge of the vehicle, or b in the circumstances specified in regulation 11 . 5 Where the circumstances in paragraph (4)(a) apply, the civil enforcement officer may, instead of fixing the penalty ch [...]

Provision 9· legislation, statutory-instrument, civil-enforcement

has reason to believe that a penalty charge is payable with respect to— i a regulation 11 parking contravention, ii an OGL bus lane contravention, or iii an OGL moving traffic contravention; b a civil enforcement officer attempted to give a penalty charge notice in accordance with regulation 9 , but was prevented from doing so by any person; c a civil enforcement officer had begun to prepare a penalty charge notice to be given in accordance with regulation 9 , but the vehicle concerned was driven away from the place in which it was stationary before the civil enforcement officer had finished preparing the penalty charge notice or had given it in accordance with regulation 9 . 3 For the purposes of this regulation “ regulation 11 parking contravention ” means a parking contraven [...]

Provision 10· legislation, statutory-instrument, civil-enforcement

vention date, the enforcement authority has requested the Secretary of State to supply the relevant particulars in respect of the vehicle involved in the contravention, and ii those particulars have not been supplied before the end of the 28-day period; b where an earlier penalty charge notice given under this regulation and relating to the same contravention is deemed to have been cancelled under regulation 23(5)(c) ; c where an earlier penalty charge notice relating to the same contravention has been cancelled under regulation 6 of the 2022 Appeals Regulations. 8 Where this paragraph applies, the enforcement authority is entitled to give a penalty charge notice under this regulation— a in a case falling within paragraph (7)(a), for a period of six months beginning with the cont [...]

Provision 11· legislation, statutory-instrument, civil-enforcement

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 11 1 The circumstances specified for the purposes of regulations 9(4)(b) and 10(3)(b) are circumstances where the relevant vehicle is stationary on— a a bus lane, b a bus stop clearway or bus stand clearway, c a carriageway outside a school entrance which is marked in accordance with diagram 1027.1 at item 10 in Part 4 of Schedule 7 to the Traffic Signs Regulations and indicated by the upright sign at item 10 in Part 3 of Schedule 4 to those Regulations, d a red route, or e a mandatory cycle lane which is additionally marked in accordance with any of the following diagrams referred to in Part 4 of Schedule 7 to the Traffic Signs Regula [...]

Provision 12· legislation, statutory-instrument, civil-enforcement

ions ” means the Traffic Signs Regulations and General Directions 2016 . Removal of, or interference with, a penalty charge notice 12 1 A penalty charge notice fixed to a vehicle in accordance with regulation 9(2)(a) or (3) 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. 2 A person contravening paragraph (1) is— a guilty of an offence, and b liable on summary conviction to a fine not exceeding level 2 on the standard scale. PART 3 Immobilisation of vehicles for parking contraventions Power to immobilise vehicles 13 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 enforce [...]

Provision 13· legislation, statutory-instrument, civil-enforcement

evel 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 . Limitations on the power to immobilise vehicles 14 1 An immobilisation device must not be fixed to a vehicle if there is displayed on the vehicle— a a current disabled person’s badge , or b a current recognised badge. 2 If, in a case in which an immobilisation device would have been fixed to a vehicle but for paragraph (1)(a), the vehicle was not being used— a in accordance with regulations [...]

Provision 14· legislation, statutory-instrument, civil-enforcement

n a parking place in respect of a contravention consisting of, or arising out of, a failure— a to pay a parking charge with respect to the vehicle, b properly to display a ticket or parking device, or c to remove the vehicle from a parking place by the end of the period for which the appropriate charge was paid, until 15 minutes have elapsed since the penalty charge notice was given under regulation 9 in respect of the contravention. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Release of immobilised vehicles 15 1 A vehicle to which an immobilisation device has been fixed in accordance with regulation 13 must be released from the device [...]

Provision 15· legislation, statutory-instrument, civil-enforcement

Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 ) to exercise the Lord Chief Justice’s functions under paragraph (3). 5 An adjudicator who— a was appointed under regulation 11 of the Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005 or regulation 17 of the 2007 General Regulations, and b held office immediately before the commencement date, is to be treated as having been appointed under this regulation on the same terms as those on which they held office at that time. 6 Each adjudicator must make an annual report to the relevant enforcement authorities which appointed the adjudicator in accordance with such requirements as may be imposed by those authorities. 7 The [...]

Provision 16· legislation, statutory-instrument, civil-enforcement

is referred to arbitration in accordance with paragraph (1). 3 In this regulation “ the relevant joint committee ” means the joint committee constituted, or treated as constituted, under regulation 18 or 19 of which the enforcement authorities in default are constituent authorities. Discharge of functions of enforcement authorities relating to adjudicators: in Greater London 18 1 The functions of the London authorities under section 81 of the TMA 2004 (adjudicators) and under regulation 16 are to be discharged jointly, under arrangements made under section 101(5) of the LGA 1972 (arrangements for discharge of functions by local authorities) by a single joint committee appointed by those authorities under section 102(1)(b) of that Act. 2 Any relevant arrangements for the discharge of [...]

Provision 17· legislation, statutory-instrument, civil-enforcement

5) of the LGA 1972 (arrangements for discharge of functions by local authorities), by a joint committee or joint committees appointed under section 102(1)(b) of that Act of which at least three of the non-London enforcement authorities are constituent authorities. 2 The constituent authorities of a joint committee may include county or county borough councils in Wales. 3 Any relevant arrangements for the discharge of functions by joint committee— a continue in force and have effect as if made for the purposes of this regulation, until such time as they are replaced by arrangements made for the purposes of this regulation; b may, whilst they continue to have effect by virtue of sub-paragraph (a), be varied by arrangements made under section 101(5) of the LGA1972. 4 For the purpose [...]

Provision 18· legislation, statutory-instrument, civil-enforcement

otice to owner may not be served after the expiry of the period of 6 months beginning with the relevant date. 3 A notice to owner must, in addition to the matters required to be included in it under regulation 3(2) of the 2022 Appeals Regulations, state— a the date of the notice, which must be the date on which the notice is posted, b the name of the enforcement authority serving the notice, c the amount of the penalty charge payable, d the date on which the penalty charge notice was served, e the grounds on which the civil enforcement officer who served the penalty charge notice under regulation 9 believed that a penalty charge was payable with respect to the vehicle, f that the penalty charge, if not already paid, must be paid within “ the payment period ” as defined by reg [...]

Provision 19· legislation, statutory-instrument, civil-enforcement

ntioned in paragraph (2) but the payment or purported payment had been cancelled or withdrawn, is the date on which the enforcement authority is notified that the payment or purported payment has been cancelled or withdrawn; d in any other case, is the date on which the relevant penalty charge notice was served under regulation 9 . Charge certificate 21 1 Where— a an enforcement notice is served on or given to a person (“ P ”), and b the penalty charge to which it relates is not paid before the end of the relevant period, the enforcement authority which served the notice may serve a charge certificate on P. 2 For the purposes of this regulation, the relevant period is— a where P— i makes an appeal to an adjudicator under regulation 7 of the 2022 Appeals Regulations (appeal [...]

Provision 20· legislation, statutory-instrument, civil-enforcement

the relevant notice, the date on which the enforcement authority notifies P under regulation 7(9) of those Regulations that it does not accept the recommendation; d where P has made an unsuccessful appeal to an adjudicator under the 2022 Appeals Regulations against a notice of rejection and sub-paragraph (c) does not apply, the date on which the adjudicator’s decision is served on P. Enforcement of charge certificate 22 Where— a a charge certificate has been served on a person, and b that person has not paid the increased penalty charge provided for in the certificate within the period of 14 days beginning with the date on which the certificate is served, the enforcement authority may, if a county court so orders, recover the increased charge as if it were payable under a county [...]

Provision 21· legislation, statutory-instrument, civil-enforcement

n 5 of those Regulations but— i P did not receive a response to the appeal, ii the appeal had not been determined by the time the charge certificate was served, or iii the appeal was determined in P’s favour; d that P has paid the penalty charge to which the charge certificate relates. 3 Paragraph (4) applies where it appears to a district judge, on the application of P, that it would be unreasonable in the circumstances of the case to insist on P serving a witness statement within the period of 21 days allowed for by paragraph (1). 4 Where this paragraph applies, the district judge may allow such longer period for service of the witness statement as the judge considers appropriate. 5 Where this regulation applies— a the order made under regulation 22 is deemed to have been revoked, b the [...]

Provision 22· legislation, statutory-instrument, civil-enforcement

served on the county court by email in accordance with Practice Direction 5B made under rule 5.5 of the Civil Procedure Rules 1998 . 10 In this regulation “ witness statement ” means a statement which is— a a witness statement for the purposes of the Civil Procedure Rules 1998, and b supported by a statement of truth in accordance with Part 22 of those Rules. PART 6 Financial provisions CHAPTER 1 Greater London Setting the levels of charges applicable in Greater London 24 1 The functions conferred on the London local authorities by Part 2 of Schedule 9 to the TMA 2004 (charges applicable in Greater London) in relation to parking contraventions committed on or after the commencement date are to be exercised by those authorities jointly by means of the single joint committee set up in p [...]

Provision 23· legislation, statutory-instrument, civil-enforcement

f the RTRA 1984 (financial provisions relating to income and expenditure from parking places) applies to a London authority which is also an enforcement authority in relation to parking contraventions within paragraph 2 or 3 of Schedule 7 to the TMA 2004 but as if it were modified as follows. 2 For subsection (1) substitute— 1 A London authority which is also an enforcement authority (an “LE authority”) must keep— a an account of their income and expenditure under this Part of this Act in respect of designated parking places, b an account of their income and expenditure as an enforcement authority in relation to parking contraventions within paragraph 2 of Schedule 7 to the Traffic Management Act 2004 (contraventions in relation to parking places in Greater London), and c an account [...]

Provision 24· legislation, statutory-instrument, civil-enforcement

” . 6 In subsection (4)— a in paragraph (a), omit the words “or, in Wales, council fund”; b in paragraph (b), for “local authority” substitute “LE authority” ; c in paragraph (d), in the words before sub-paragraph (i), for “local authority” substitute, “LE authority”; d in paragraph (d)(i), for “local authority” substitute “LE authority” ; e in paragraph (d)(ii)— i omit the words “or road improvement project”; ii for “local authority’s” substitute “LE authority’s” ; f in paragraph (d)(iii)— i omit the words “in the case of a London authority,”; ii for “the authority” substitute “the LE authority” ; g in paragraph (d)(iv), for “local authority’s” substitute “LE authority’s” ; h in paragraph (e), in the words before sub-paragraph (i)— i omit the words “in the case [...]

Provision 25· legislation, statutory-instrument, civil-enforcement

After subsection (10) insert— 11 A reference in this section to the income and expenditure of an LE 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. . CHAPTER 2 Outside Greater London Guidelines for the level of charges applicable outside Greater London 26 The guidelines given by the Secretary of State for the setting under Part 3 of Schedule 9 to the TMA 2004 of the level of charges mentioned in paragraph 1(1) of that Schedule (charges applicable outside Greater London) are set out in Schedule 3. Modification of section 55 of the RTRA 1984: parking contraventions outside Greater London 27 1 Section 55 of the RTRA 1984 (financial provisions relating to income and expenditure [...]