(1)The appropriate national authority may by regulations make provision for or in connection with the imposition and payment of charges (“charging scheme penalty charges”) in respect of acts, omissions, events or circumstances relating to or connected with charging schemes under this Part.
(2)The regulations may include provision for or in connection with setting the rates of charging scheme penalty charges (which may include provision for discounts or surcharges).
(3)Charging scheme penalty charges in respect of any motor vehicle shall be paid—
(a)by the registered keeper of the motor vehicle, or
(b)in circumstances specified in regulations made by the appropriate national authority, by such person as is so specified.
(4)The Lord Chancellor may make regulations about the notification, adjudication and enforcement of charging scheme penalty charges.
(5)A person commits an offence if with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by a charging scheme under this Part—
(a)he interferes with any equipment [F1, or with the functioning of any equipment,] used for or in connection with charging under the charging scheme, or
(b)he causes or permits the registration plate of a motor vehicle to be obscured.
(6)A person commits an offence if he makes or uses any false document with intent to avoid payment of, or being identified as having failed to pay, charges imposed by a charging scheme under this Part or charging scheme penalty charges.
(7)A person commits an offence if he removes a notice of a charging scheme penalty charge which has been fixed to a motor vehicle in accordance with regulations under this section unless—
(a)he is the registered keeper of the vehicle or a person using the vehicle with his authority, or
(b)he does so under the authority of the registered keeper or such a person or of the charging authority or any of the charging authorities.
(8)A person guilty of an offence under subsection (5) or (6) is liable on summary conviction to—
(a)a fine not exceeding level 5 on the standard scale, or
(b)imprisonment for a term not exceeding six months,
or to both.
(9)A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Textual Amendments
F1Words in s. 173(5)(a) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 115(1), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(p)
Commencement Information
I1S. 173 partly in force; s. 173 not in force at Royal Assent see s. 275(1)(2); s. 173 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 173(1)-(4) wholly in force and s. 173(5)-(9) in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 paras. 13, 14