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

PART 1 E+W Preliminary

Citation, commencement, extent and application E+W

1.—(1) These Regulations may be cited as the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022.

(2) These Regulations come into force at the same time as the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022(1).

(3) These Regulations extend to England and Wales, and apply only in relation to England.

Commencement Information

I1 Reg. 1 in force at 31.5.2022, see reg. 1(2)

Interpretation of Parts 1 to 5 E+W

2.—(1) In this Part and Parts 2 to 5—

“the RTRA 1984” means the Road Traffic Regulation Act 1984;

“the TMA 2004” means the Traffic Management Act 2004.

“the 2022 General Regulations” means the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022;

“appeal” means an appeal under regulation 7(1), 10(1) or 13(1);

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

“charge certificate” has the meaning given in regulation 2 of the 2022 General Regulations;

“enforcement notice” means—

(a)

a notice to owner, or

(b)

a regulation 10 penalty charge notice;

“fax” means the making of a facsimile copy of a document by the transmission of electronic signals;

“joint committee”, in relation to an enforcement authority, means the joint committee through which, in accordance with regulation 18 or 19 of the 2022 General Regulations, the authority exercises its functions relating to adjudicators;

“notice to owner” has the meaning given in regulation 20 of the 2022 General Regulations;

“owner” in relation to a vehicle, includes any person who, by virtue of regulation 6 of the 2022 General Regulations, is treated as the owner of the vehicle for the purposes of those Regulations;

“penalty charge” has the meaning given in regulation 2 of the 2022 General Regulations;

“penalty charge notice” has the meaning given in regulation 2 of the 2022 General Regulations;

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

“the proper officer” means a member of the administrative staff provided by the relevant enforcement authorities under section 81(4)(a) of the TMA 2004 who has been appointed to perform the functions of the proper officer under these Regulations;

“regulation 9 penalty charge notice” means a penalty charge notice given under regulation 9 of the 2022 General Regulations;

“regulation 10 penalty charge notice” has the meaning given in regulation 2 of the 2022 General Regulations;

“recipient” means the person on whom an enforcement notice is served;

“register” means the register required to be kept under regulation 17;

“relevant road traffic contravention” has the meaning given in regulation 2 of the 2022 General Regulations.

(2) A “procedural impropriety” means a failure by an enforcement authority to observe any requirement imposed on it by—

(a) the TMA 2004,

(b) the 2022 General Regulations, or

(c) these Regulations,

in relation to the imposition or recovery of a penalty charge or other sum.

(3) For the purposes of paragraph (2) such a failure includes, in particular, the taking of any step, whether or not involving the service of any document, otherwise than—

(a) in accordance with the conditions subject to which, or

(b) at the time or during the period when,

it is authorised or required by the 2022 General Regulations or these Regulations to be taken.

Commencement Information

I2 Reg. 2 in force at 31.5.2022, see reg. 1(2)

(1)

S.I. 2022/71.