The HGV Road User Levy Act 2013 (Commencement No.1) Order 2014

Statutory Instruments

2014 No. 175 (C. 4)

Road Traffic

The HGV Road User Levy Act 2013 (Commencement No.1) Order 2014

Made

29th January 2014

The Secretary of State for Transport makes the following Order in exercise of the powers conferred by section 21(1) of the HGV Road User Levy Act 2013(1).

Citation and commencement

1.  This Order may be cited as the HGV Road User Levy Act 2013 (Commencement No.1) Order 2014.

Commencement of Provisions

2.  Sections 11 and 13 of the HGV Road User Levy Act 2013 come into force on the day after the day on which this Order is made for the purposes of the exercise of powers under sections 20(3), 53, 90A(2)(b) and 90B(2) of the Road Traffic Offenders Act 1988(2).

Signed by authority of the Secretary of State for Transport

Robert Goodwill

Parliamentary Under Secretary of State

Department for Transport

29th January 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order commences sections 11 and 13 of the HGV Road User Levy Act 2013 (“2013 Act”) for the purpose of exercising certain powers under the Road Traffic Offenders Act 1988 (“1988 Act”). In particular, the commencement of these sections of the 2013 Act enable the Secretary of State to make Orders under the 1988 Act which will—

(a) include the offence in section 11 of the 2013 Act of using or keeping a heavy goods vehicle on a UK road without paying the levy (“the offence”) in the list of offences for which evidence from certain prescribed devices may be used;

(b) set the amount of the fixed penalty for the offence;

(c) make the offence one for which a financial penalty deposit may be required; and

(d) set the amount of that deposit.

(1)

2013 c.7.

(2)

1988 c53. Section 20 was substituted by section 23 of the Road Traffic Act 1991 (c.40); and paragraphs (f) and (g) of subsection (2) were inserted by the Road Traffic Offenders (Additional Offences and Prescribed Devices) Order 1997 (S.I. 1997/384) and the Road Traffic Offenders (Additional Offences and Prescribed Devices) Order 2001 (S.I. 2001/1814) respectively. Section 53 was amended by paragraph 102 of Schedule 4 to the Road Traffic Act 1991 and section 3 of the Road Safety Act 2006 (c.49). Part 3A (which includes section 90B) was inserted by section 11 of the Road Safety Act 2006.