The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (Wales) Regulations 2013

PART 1 PRELIMINARY

Citation, commencement and application

1.—(1) These Regulations may be cited as the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (Wales) Regulations 2013 and they come into force on the day after the day on which they are made.

(2) These Regulations apply in relation to Wales.

Interpretation

2.—(1) In these Regulations—

“the 1984 Act” means the Road Traffic Regulation Act 1984(1);

“the 2004 Act” means the Traffic Management Act 2004;

“appellant” in relation to an appeal under these Regulations or any process connected with such an appeal, means the person bringing the appeal;

“charge certificate” has the meaning given by regulation 20(1) of the General Provisions Regulations;

“the General Provisions Regulations” means the Civil Enforcement of Road Traffic Contraventions (General Provisions)(Wales) Regulations 2013(2);

“notice of rejection” means a notice served by an enforcement authority rejecting or not accepting representations made to it under regulation 4 or 8;

“notice to owner” has the meaning given in paragraph (2);

“owner”, in relation to a vehicle, includes any person who by virtue of regulation 5 of the General Provisions Regulations, falls to be treated as the owner of the vehicle for the purposes of those Regulations(3);

“penalty charge” means a penalty charge relating to a road traffic contravention in accordance with regulation 4 of the General Provisions Regulations;

“penalty charge notice” has the meaning given by regulation 8(1) of the General Provisions Regulations;

“procedural impropriety” has the meaning given by regulation 4(5);

“recipient” has the meaning given in paragraph (2);

“register” means the register required to be kept under paragraph 21 of the Schedule; and

“road traffic contravention” means any of the following:

(a)

a parking contravention as described in paragraph 4, Part 1 of Schedule 7 to the 2004 Act;

(b)

a bus lane contravention as described in Part 2 of Schedule 7 to the 2004 Act; or

(c)

a moving traffic contravention as described in Part 4 of Schedule 7 to the 2004 Act.

(2) In these Regulations (except regulation 3)—

(a) references to a “notice to owner” are to be taken—

(i) in a case where a penalty charge notice has been served under regulation 9 of the General Provisions Regulations, as references to a notice to owner as defined by regulation 18 of those Regulations;

(ii) in a case where a penalty charge notice has been served under regulation 10 of the General Provisions Regulations, as references to that penalty charge notice; and

(b) references to “the recipient” in relation to a notice to owner are to be taken as references to the person on whom the notice to owner was served.

(1)

1984 c.27.

(2)

S.I. 2013/362.

(3)

“owner” is defined in section 92 Traffic Management Act 2004.