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

Person by whom a penalty charge is to be paid E+W

6.—(1) Where a relevant road traffic contravention occurs, the person by whom the penalty charge is to be paid is to be determined in accordance with this regulation.

(2) Where—

(a) the vehicle is a mechanically propelled vehicle which was, at the material time, hired from a vehicle-hire firm under a hiring agreement,

(b) the person (“P”) hiring it had signed a statement of liability acknowledging P’s liability in respect of any penalty charge notice served in respect of any road traffic contravention involving the vehicle during the currency of the hiring agreement, and

(c) in response to a notice to owner served on the owner of the vehicle, the owner made representations on the ground specified in regulation 5(4)(d) of the 2022 Appeals Regulations and the enforcement authority accepted those representations,

the penalty charge is payable by P.

(3) Where the penalty charge is payable by P, P is to be treated as if they were the owner of the vehicle at the material time for the purposes of these Regulations.

(4) In a case not falling within paragraph (2), the penalty charge is payable by the person who was the owner of the vehicle involved in the contravention at the material time.

(5) In this regulation—

“hiring agreement” has the meaning given in section 66(8) of the Road Traffic Offenders Act 1988 (hired vehicles)(1);

“the material time” means the time when the contravention giving rise to the penalty charge is said to have been committed.

Commencement Information

I1 Reg. 6 in force at 31.5.2022, see reg. 1(2)

(1)

The definition of “hiring agreement” was amended by the Road Safety Act 2006 (c. 49), Schedule 7.