The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022

Savings and transitional provisions: representations and appeals against immobilisation of vehicles before the commencement date

22.—(1) Parts 3 and 5 of, and the Schedule to, the 2007 Appeals Regulations continue to have effect, on and after the commencement date, for the purposes of, and in connection with—

(a) any representations made to an enforcement authority under regulation 8 of the 2007 Appeals Regulations before the commencement date;

(b) any appeal to an adjudicator under regulation 10 of the 2007 Appeals Regulations made before that date;

(c) any transitional immobilisation case.

(2) For the purposes of paragraph (1)(c), a “transitional immobilisation case” is a case—

(a) where, before the commencement date—

(i) an immobilisation device was fixed to a vehicle in accordance with regulation 12 of the General Regulations,

(ii) the owner or the person in charge of the vehicle (“P”) secures the release of the vehicle from the device on payment of an amount in accordance with regulation 14 of the 2007 General Regulations, and

(iii) P had not delivered a notice of appeal to the proper officer under the 2007 Appeals Regulations or such a notice had not been delivered on P’s behalf,

(b) where—

(i) an immobilisation device was fixed, before the commencement date, to a vehicle in accordance with regulation 12 of the General Regulations, and

(ii) the owner or the person in charge of the vehicle secures the release of the vehicle from the device, on or after that date, on payment of an amount in accordance with regulation 14 of the saved 2007 General Regulations, or

(c) where—

(i) an immobilisation device is fixed, on or after the commencement date, to a vehicle under regulation 12 of the saved General Regulations, and

(ii) the owner or the person in charge of the vehicle secures the release of the vehicle from the device on payment of an amount in accordance with regulation 14 of the saved 2007 General Regulations.

(3) For the purposes of paragraph (2)(a)(iii) “notice of appeal” and “proper officer” have the meanings they had for the purposes of Schedule 1 to the 2007 Appeals Regulations.