The Traffic Management (Northern Ireland) Order 2005

Penalty charges N.I.

4.—(1) A penalty charge is payable with respect to a vehicle involved in a contravention specified in Schedule 1—

(a) by the owner of the vehicle; or

(b) by such other person as may be prescribed.

(2) Schedule 1 (which specifies the contraventions for which a penalty charge is payable) shall have effect.

(3) The Department may by regulations amend Schedule 1 and regulations under this paragraph may in particular add any contravention of a statutory provision involving a vehicle, whether stationary or not.

(4) The Department may by regulations specify—

(a) the amounts of any specified penalty charges;

(b) the contraventions in relation to which any specified penalty charge is payable; and

(c) the percentages by which any penalty charges may be reduced or increased.

(5) A penalty charge shall not be payable except on the basis of—

(a) information given by a traffic attendant as to conduct observed by him; or

(b) a record produced by a prescribed device.

(6) A penalty charge shall not be payable (or if paid shall be refunded) where the conduct in respect of which it was imposed is the subject of—

(a) criminal proceedings; or

(b) a fixed penalty notice.

(7) Criminal proceedings shall not be brought, and a fixed penalty notice shall not be issued, in respect of any prescribed description of conduct for which a penalty charge may be imposed.

Modifications etc. (not altering text)

C1 Arts. 3-28: transfer of functions (1.4.2015) by Off-street Parking (Functions of District Councils) Act (Northern Ireland) 2015 (c. 3), arts. 1(3)(8) (with art. 1(5))

Commencement Information

I1 Art. 4 wholly in force at 30.10.2006; art. 4(3)(4)(7) in force at 20.8.2005 see art. 1(2); art. 4(1)(2)(5)(6) in force at 30.10.2006 by S.R. 2006/347, art. 2, Sch.