The Road Tolling (Interoperability of Electronic Road User Charging and Road Tolling Systems) Regulations 2007

Notice of non-compliance with technical requirements

8.—(1) Where the appropriate national authority considers that the requirements of regulation 4 are not, or may not be, met in relation to an electronic toll system, it may give the operator of the system a notice to that effect.

(2) A notice given under paragraph (1) must—

(a) state the reasons why the authority considers that the technical requirements are not, or may not be, met,

(b) provide details of any remedial steps that the authority considers to be necessary,

(c) specify the period before the end of which remedial steps are to be taken, and

(d) inform the operator that he may make representations to the authority within such period as may be specified in the notice.

(3) The authority may extend each of the periods allowed under the notice for—

(a) taking any remedial steps, or

(b) making representations.

(4) When both of those periods have expired, the authority must then decide within a reasonable period whether to issue a stop notice.

(5) A stop notice is a notice requiring the operator of the system to cease charging and collecting tolls or fares by means of electronic devices which do not use one or more of the technologies specified in regulation 4.

(6) A stop notice must—

(a) be in writing,

(b) give details of the action the operator must take,

(c) state the date on which the action is to be taken, and

(d) be given to the operator.

(7) A stop notice is enforceable by the appropriate national authority in civil proceedings—

(a) for an injunction or interdict, or

(b) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988(1).

(8) If, having considered any representations made by the operator, the authority decides not to issue a stop notice, it must give the operator written notice.

(1)

1988 c.36.