The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, together with the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 (S.I. 2022/XXXX), provide for the civil enforcement of—

(d) parking contraventions in England, and

(e) bus lane contraventions, and moving traffic contraventions, in England but outside Greater London.

(“relevant road traffic contraventions”) in accordance with Part 6 of the Traffic Management Act 2004 (“the TMA 2004”). These Regulations apply in England only.

Part 1 of these Regulations make introductory provisions. In particular, regulation 4 makes provision about “approved devices”. That regulation specifies a description of device which is an approved device for the purposes of these Regulations The devices, traffic cameras, are approved devices if they are of a type which is certified by the Secretary of State as meeting the requirements set out in the Schedule 1 to these Regulations.

Part 2 of these Regulations makes provision about the imposition of penalty charges in respect of relevant road traffic contraventions. Regulation 6 enables penalty charges to be imposed for relevant road traffic contraventions. The penalty charge is payable by the owner of the vehicle, expect in certain cases where a vehicle is hired (regulation 6). Regulation 7, in accordance with section 72(4)(a) of the TMA 2004, prohibits the imposition of a penalty charge—

(a) for a parking contravention except on the basis of a record produced by an approved device or information given by a civil enforcement officer as to conduct observed by that officer;

(b) for a bus lane contravention or moving traffic contravention except on the basis of a record produced by an approved device.

Regulation 8 prohibits criminal proceedings and fixed penalty notices under the Road Traffic Offenders Act 1988 in respect of parking contraventions in civil enforcement areas; but an exception is made for pedestrian crossing contraventions. Where such a contravention is the subject of criminal proceedings or of a fixed penalty notice, the issue of a penalty charge notice under the Regulations is prohibited and any penalty charge which has been paid must be refunded.

Regulation 9 enables a civil enforcement officer, with reason to believe that a penalty charge is payable for a parking contravention to serve a penalty charge notice. Such notices must be served either by fixing them to the relevant vehicle or giving them to the person appearing to the civil enforcement officer to be the owner of the vehicle. Regulation 10 enables an enforcement authority to serve a penalty charge notice by post. Such notices can be served in respect of bus lane or moving traffic contraventions, or in cases where a civil enforcement officer has been unable to serve a notice under regulation 10. Schedule 2 makes provision about the matters to be included in a notice served under regulation 9 or 10.

Regulation 12 makes it an offence to interfere with a penalty charge notice served by its being fixed to a vehicle, except by or under the authority of the owner or person in charge of the vehicle or the enforcement authority.

Part 3 makes provision regarding the immobilisation of vehicles. Regulation 13 defines the circumstances in which an immobilisation device may be fixed to a vehicle, requires a notice to be fixed to the vehicle at the time of immobilisation and creates the offences of interfering with the notice or the immobilisation device. Regulation 14 specifies exceptions to the general power to immobilise and regulation 15 specifies the pre-requisites for the release of a vehicle from an immobilisation device.

Part 4 provides for the appointment of adjudicators by enforcement authorities and for the functions of those authorities relating to adjudicators to be discharged through joint committees. Enforcement authorities are required by regulation 16 to appoint a sufficient number of adjudicators. Regulation 17 makes provision in respect of expenses.

The London authorities are required to discharge these functions through a single joint committee (regulation 18). Regulation 29 requires the non-London enforcement authorities to act through one or more joint committees (with a minimum membership of 3 authorities each).

Part 5 makes provision in relation to the enforcement of penalty charges. Regulation 20 provides for the service of a notice to owner by an enforcement authority in respect of an unpaid penalty charge. Regulations 21 to 23 make provision in respect of charge certificates, which may be served in respect of unpaid penalty charges where a notice to owner or penalty charge notice under regulation 11 has been served and the avenues of appeal have not been pursued or have been pursued unsuccessfully. Charge certificates may be enforced through the county court but such orders are to be set aside where the respondent serves a witness statement stating one of the matters mentioned in regulation 23(2).

Part 6 makes provision about the setting of levels of charges for contraventions in Greater London (regulation 24) and sets out the charging guidelines for various contraventions and related matters outside Greater London (regulation 26 and Schedule 3). This Part also makes provision about income and expenditure accounts in respect of an enforcement authorities functions in connection with parking contraventions (regulations 25 and 27). Regulations 28 to 31 make corresponding provisions in respect of functions in connection with bus lane and moving traffic contraventions, including provision about surpluses in accounts.

Part 7 revokes the 2007 General Regulations, the Civil Enforcement of Parking Contraventions (Approved Devices) (England) Order 2007 and the Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007. That Part also makes related transitional provisions and savings, and consequential amendments to secondary legislation.

In addition these Regulations amend Schedule 3 to the London Local Authorities and Transport for London Act 2003 and Schedule 7 to the TMA 2004 to amend the list of traffic signs that are subject to civil enforcement under those Acts (regulation 43 and Schedule 5).

A de minimis impact assessment has been produced for the instrument and is available at www.legislation.gov.uk.

An Explanatory Memorandum has been published alongside this instrument at www.legislation.gov.uk.