Provision 1· GB, GB_SI2013_1783, reg 1
Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 reg.1
1. —(1) These Regulations may be cited as the Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 and come into force on 2nd September 2013.
(2) These Regulations apply only to England.
(3) These Regulations do not apply to road user charges imposed under the County Council of Durham (Market Place leading to Saddler Street, Durham City) (Road User Charging Scheme) Order 2002.
Interpretation <span class="LegP1No"
Provision 2· GB, GB_SI2013_1783, reg 2
Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 reg.2
2. —(1) In these Regulations—
“adjudicator” means a person appointed to be a road user charging scheme adjudicator in accordance with regulation 12(1) or (2);
“appellant” in relation to an appeal under these Regulations or any process connected with such an appeal, means the person bringing the appeal;
“authorised person” has the meaning given by regulation 21;
“charge certificate” has the meaning given by regulation 17(1);
“custodian” in relation to a motor vehicle removed under regulation 27 means—
(i) if the motor vehicle has been delivered to the charging authority, that charging authority; or
(ii) if the motor vehicle has been delivered to a person authorised by the charg [...]
Provision 3· GB, GB_SI2013_1783, reg 3
Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 reg.3
3. —(1) Subject to paragraph (9) a notice or other document to be served by a charging authority on any person (“the recipient”) in accordance with these Regulations—
(a) may be served by first class post; and
(b) where the recipient is a body corporate, is duly served if it is sent by first class post to the secretary or clerk of that body.
(2) Where the address of the registered keeper of a motor vehicle upon which a penalty charge arising under regulation 4(1) has been imposed is contained in the register of mechanically propelled vehicles maintained by the Secretary of State under section 21 of the Vehicle Excise and Registration Act 1994( 4 ) the penalty charge notice relat [...]
Provision 4· GB, GB_SI2013_1783, reg 4
Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 reg.4
4. —(1) A charging scheme may provide that a penalty charge is to be imposed in respect of a motor vehicle where—
(a) the motor vehicle has been used or kept on a designated road;
(b) events have occurred by reference to the happening of which a road user charge is imposed by the charging scheme; and
(c) the road user charge has not been paid in full within the time and in the manner in which it is required by the charging scheme to be paid.
(2) A charging scheme may further provide that a penalty charge is to be imposed in respect of—
(a) the release of a motor vehicle from an immobilisation device fixed to it in accordance with regulation 25;
(b) the removal of a motor ve [...]
Provision 5· GB, GB_SI2013_1783, reg 5
Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 reg.5
5. —(1) The rates of penalty charges imposed by a charging scheme are to be—
(a) specified in the charging scheme; or
(b) communicated to users of the designated road in the manner specified in the charging scheme.
(2) A charging scheme is to provide that a penalty charge arising under regulation 4(1) is to be paid in full within the period of 28 days beginning with the date on which a penalty charge notice is served.
(3) If the penalty charge of the type described in regulation 4(1) is paid prior to the end of the fourteenth day of the period referred in paragraph (2) the charging scheme is to provide that it is reduced by one half.
(4) If the penalty charge of the type descr [...]
Provision 6· GB, GB_SI2013_1783, reg 6
Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 reg.6
6. —(1) Unless any of the circumstances in paragraphs (2) to (5) apply, road user charges and penalty charges imposed upon a relevant vehicle by a charging scheme are to be paid by the registered keeper of that vehicle.
(2) Where the relevant vehicle is not registered under the Vehicle Excise and Registration Act 1994 road user charges and penalty charges are to be paid by the person by whom the relevant vehicle was used or kept on the designated road at the relevant time.
(3) Where before the relevant time the registered keeper had notified the Secretary of State in writing, in accordance with regulation 22, 23 or 24 of the Road Vehicles (Registration and Licensing) Regulations 20 [...]
Provision 7· GB, GB_SI2013_1783, reg 7
Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 reg.7
7. —(1) Where a road user charge with respect to a motor vehicle under a charging scheme has not been paid by the time by which it is required by the charging scheme to be paid and, in those circumstances, the charging scheme provides for the payment of a penalty charge, the charging authority may serve a notice (a “penalty charge notice”).
(2) A penalty charge notice must be served on the registered keeper of the motor vehicle unless, in accordance with regulation 6, the penalty charge to which it relates is payable by another person, in which case the penalty charge notice must be served on that other person.
(3) A penalty charge notice must state—
(a) the date of the notice, wh [...]
Provision 8· GB, GB_SI2013_1783, reg 8
Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 reg.8
8. —(1) Where it appears to the person on whom the penalty charge notice is served (“the recipient”) that—
(a) one or more grounds mentioned in paragraph (3) apply; or
(b) whether or not any of those grounds apply there are compelling reasons why, in the particular circumstances of the case, the penalty charge notice should be cancelled,
the recipient may make representations in writing to that effect to the charging authority that served the penalty charge notice on the recipient.
(2) The charging authority may disregard any such representations which it receives after the end of the period of 28 days beginning with the date on which the penalty charge notice was served.
(3) [...]
Provision 9· GB, GB_SI2013_1783, reg 9
Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 reg.9
9. —(1) Where a charging authority accepts that a ground in regulation 8(3) has been established, or that there are compelling reasons why, in the particular circumstances of the case, the penalty charge notice should be cancelled, it must—
(a) cancel the penalty charge notice;
(b) state in the notice served under regulation 8(9)(b) that the penalty charge notice has been cancelled; and
(c) refund any sum paid in respect of the penalty charge notice.
(2) The cancellation of a penalty charge notice under paragraph (1) is not to be taken to prevent the charging authority from serving a fresh penalty charge notice on the same or another person.
Rejection of representations again [...]
Provision 10· GB, GB_SI2013_1783, reg 10
Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 reg.10
10. —(1) Where a charging authority does not accept that a ground in regulation 8(3) has been established, nor that there are compelling reasons why the penalty charge notice should be cancelled, the notice served in accordance with regulation 8(9)(b) (a “notice of rejection”) must—
(a) state that a charge certificate may be served under regulation 17(1) unless within the period of 28 days beginning with the date of service of the notice of rejection—
(i) the penalty charge is paid; or
(ii) the person on whom the notice of rejection is served appeals to an adjudicator against the penalty charge;
(b) indicate the nature of an adjudicator’s power to award costs against any pers [...]
Provision 11· GB, GB_SI2013_1783, reg 11
Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 reg.11
11. —(1) Where a charging authority serves a notice of rejection under regulation 10(1) in relation to representations made under regulation 8, the person making those representations may appeal to an adjudicator against the charging authority’s decision—
(a) within the period of 28 days beginning with the date of service of the notice of rejection; or
(b) within such longer period as an adjudicator may allow.
(2) An adjudicator may allow a longer period for an appeal under paragraph (1)(b) whether or not the period specified in paragraph (1)(a) has expired.
(3) An appeal pursuant to this regulation must be made by delivering a notice of appeal to the proper officer in accorda [...]
Provision 12· GB, GB_SI2013_1783, reg 12
Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 reg.12
12. —(1) Adjudicators who—
(a) were appointed by the joint committee under regulation 17 of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007( 11 ) (“the 2007 Regulations”); and
(b) held office immediately before the coming into force of these Regulations,
are to be treated as having been appointed under this regulation on the same terms as those on which they held office at that time.
(2) The appointment of an adjudicator by the joint committee under regulation 17 of the 2007 Regulations after the coming into force of these Regulations will be effective to appoint that adjudicator as an adjudicator for the purpose of these Regulations (on the [...]
Provision 13· GB, GB_SI2013_1783, reg 13
Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 reg.13
13. —(1) Charging authorities are to arrange with the joint committee for the provision of accommodation, administrative staff and facilities for adjudicators, including the appointment of a member of the administrative staff to fulfil the function of the proper officer for the purpose of these Regulations.
(2) Charging authorities are to meet the expenses of the joint committee incurred under paragraph (1) and in remunerating adjudicators in such proportions as they agree or, in default of agreement, as may be determined by an arbitrator nominated by the Chartered Institute of Arbitrators on the application of any charging authority.
Procedure to be followed by adjudicators <span [...]
Provision 14· GB, GB_SI2013_1783, reg 14
Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 reg.14
14. —(1) The Schedule to these Regulations is to have effect as to the procedure to be followed in adjudication proceedings.
(2) Subject to the provisions of that Schedule, adjudicators may regulate their own procedure.
Evidence produced by a prescribed device <span class="LegP1No"
Provision 15· GB, GB_SI2013_1783, reg 15
Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 reg.15
15. —(1) Evidence of a fact relevant to proceedings conducted in accordance with the Schedule may be given by the production of—
(a) a record produced by a prescribed device; and
(b) (in the same or another document) a certificate as to the circumstances in which the record was produced, signed by a person authorised to do so by the charging authority who installed the device.
(2) In paragraph (1) “prescribed device” means a camera or other device designed to produce a record of—
(a) the presence of a particular motor vehicle which is being used or kept on a designated road; and
(b) the date and time at which the motor vehicle is present,
and includes any equipment used in [...]
Provision 16· GB, GB_SI2013_1783, reg 16
Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 reg.16
16. Any amount which is payable under an adjudication of an adjudicator is, if a county court so orders, to be recoverable by the person to whom the amount is payable as if it were payable under a county court order.
PART 5 ENFORCEMENT OF PENALTY CHARGES Charge certificates <span class="LegP1No"
Provision 17· GB, GB_SI2013_1783, reg 17
Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 reg.17
17. —(1) Where a penalty charge notice is served on a person and the penalty charge to which it relates is not paid before the end of the relevant period, the charging authority serving the penalty charge notice may serve on that person a statement (a “charge certificate”) to the effect that the penalty charge in question is increased to the sum specified in the charging scheme under which it was incurred.
(2) A charging authority which has served a charge certificate on any person may cancel the charge certificate and serve or cancel such further charge certificates as it thinks fit.
(3) The “relevant period” in paragraph (1) means the period of 28 days beginning—
(a) where no r [...]
Provision 18· GB, GB_SI2013_1783, reg 18
Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 reg.18
18. Where a charge certificate has been served on any person and the increased penalty charge provided for in the charge certificate (and, if applicable, the road user charge payable under the charging scheme) is not paid within the period of 14 days beginning with the date on which the charge certificate is served, the charging authority concerned may, if a county court so orders, recover the increased penalty charge (and, if applicable, the road user charge payable under the charging scheme) as if it (or they) were payable under a county court order.
Invalid notices <span class="LegP1No"
Provision 19· GB, GB_SI2013_1783, reg 19
Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 reg.19
19. —(1) This regulation applies where—
(a) a county court makes an order under regulation 18;
(b) the person against whom it is made makes a witness statement complying with paragraph (2); and
(c) that witness statement is, within the period of 21 days beginning with the date on which notice of the county court’s order is served on the maker of the witness statement, served on the county court which made the order.
(2) The witness statement must state that the person making it—
(a) did not receive the penalty charge notice in question;
(b) made representations to the charging authority under regulation 8 but did not receive a notice of rejection from that charging authori [...]
Provision 20· GB, GB_SI2013_1783, reg 20
Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 reg.20
20. —(1) Subject to paragraph (2)—
(a) a sum to be paid by a person (other than a charging authority) under an adjudication of an adjudicator which is recoverable in accordance with regulation 16 as if it were payable under a county court order; or
(b) an unpaid penalty charge (and, if applicable, the road user charge payable under the charging scheme) which is recoverable in accordance with regulation 18 as if it were payable under a county court order,
is to be treated for purposes of enforcement by execution as if it were a specified debt in regulation 2 of the Enforcement of Road Traffic Debts Order 1993 (“the 1993 Order”)( 12 ).
(2) For the purposes of the enforcement of [...]
Provision 21· GB, GB_SI2013_1783, reg 21
Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 reg.21
21. —(1) In these Regulations a reference to an authorised person is to a person authorised by a charging authority for the purpose of Part 6.
(2) An authorised person may be a charging authority, an employee of a charging authority, a constable or any other person authorised in writing by a charging authority to act as an authorised person.
(3) An authorised person who is about to exercise, is in the course of exercising or has exercised, any power conferred under these Regulations must, if so requested, produce that person’s authority.
Power to examine motor vehicles <span class="LegP1No"
Provision 22· GB, GB_SI2013_1783, reg 22
Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 reg.22
22. —(1) A charging scheme may confer powers on an authorised person to examine a motor vehicle whilst on a road for the purpose of ascertaining—
(a) whether any document required by a charging scheme to be displayed while the motor vehicle is on a designated road is so displayed;
(b) whether any equipment required by a charging scheme to be carried in or fitted to the motor vehicle while it is on such a road—
(i) is so carried or fitted;
(ii) is in proper working order;
(iii) has been interfered with, or its functioning has been interfered with, with intent to avoid payment of, or to avoid any person being identified as having failed to pay, a road user charge imposed by t [...]
Provision 23· GB, GB_SI2013_1783, reg 23
Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 reg.23
23. —(1) A charging scheme may confer powers on an authorised person to enter a motor vehicle whilst on a road where the authorised person has reasonable grounds for suspecting that—
(a) any equipment required by a charging scheme to be carried in or fitted to the motor vehicle while it is on a road designated by the charging scheme and in respect of which road user charges have been imposed has been interfered with, or its functioning has been interfered with, by a person who intends to avoid payment of, or being identified as having failed to pay, a road user charge imposed by the charging scheme; or
(b) there is in the motor vehicle a false document which has been made or used [...]
Provision 24· GB, GB_SI2013_1783, reg 24
Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 reg.24
24. —(1) A charging scheme may confer powers on an authorised person to seize anything (if necessary by detaching it from a motor vehicle) and detain it as evidence of the commission of an offence under section 173(5) or (6) of the Transport Act 2000( 13 ) (acts done with intent to avoid a road user charge).
(2) The power conferred by paragraph (1) must not be exercised by an authorised person who is not a constable except in the presence of a constable.
Power to immobilise motor vehicles <span class="LegP1No"
Provision 25· GB, GB_SI2013_1783, reg 25
Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 reg.25
25. —(1) Provided—
(a) none of the circumstances in paragraph (2) apply; and
(b) the conditions in paragraph (3) apply;
a charging scheme may provide for an authorised person to immobilise a motor vehicle in accordance with paragraphs (4) and (5).
(2) The circumstances are that—
(a) a current disabled person’s badge or a current recognised badge is displayed on the motor vehicle;
(b) the motor vehicle appears to the authorised person to have been abandoned;
(c) the motor vehicle is a public service vehicle being used for the carriage of passengers;
(d) the motor vehicle is being used for the purpose of the removal of any obstruction to traffic, the maintenance, improvem [...]
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