Traffic Management Act 2004

Civil penalties for road traffic contraventions E+W

72 Civil penalties for road traffic contraventions E+W

(1) The appropriate national authority may make provision by regulations for or in connection with—

(a) the imposition of penalty charges in respect of road traffic contraventions that—

(i) are subject to civil enforcement (see section 73), and

(ii) are committed in an area that is a civil enforcement area for contraventions of that description (see section 74), and

(b) the payment of such penalty charges.

(2) The regulations shall include provision specifying the person or persons by whom a penalty charge in respect of a contravention is to be paid (who may be the owner of the vehicle involved in the contravention, its driver at the time of the contravention or any other appropriate person).

(3) The regulations shall include provision in respect of any description of conduct for which a penalty charge may be imposed—

(a) prohibiting criminal proceedings or the issuing of a fixed penalty notice in respect of conduct of that description, or

(b) securing that a penalty charge is not required to be paid, or is refunded, where the conduct is the subject of criminal proceedings or of a fixed penalty notice.

(4) The regulations may include provision prohibiting the imposition of a penalty charge except on the basis of—

(a) a record produced by an approved device, or

(b) information given by a civil enforcement officer as to conduct observed by him.

(5) The regulations may—

(a) specify exemptions from penalty charges, and

(b) make provision for discounts or surcharges, or both.

Commencement Information

I1 S. 72 in force at 26.10.2006 for W. by S.I. 2006/2826, art. 2(1)(2)(c)

I2 S. 72 in force at 23.7.2007 for E. by S.I. 2007/2053, arts. 1(2), 2(1)(2)(a) (with art. 4) (as amended (17.3.2008) by S.I. 2008/757, art. 3)

73 Contraventions subject to civil enforcement E+W

(1) Schedule 7 specifies the road traffic contraventions that are subject to civil enforcement.

(2) These are—

(a) parking contraventions (see Part 1 of the Schedule);

(b) bus lane contraventions (see Part 2 of the Schedule);

(c) London lorry ban contraventions (see Part 3 of the Schedule);

(d) moving traffic contraventions (see Part 4 of the Schedule).

(3) Regulations under this Part of this Act may make different provision in relation to different descriptions of contravention.

(4) The appropriate national authority may by regulations make such consequential amendment of Schedule 7 as appears to the authority to be required in consequence of the amendment, replacement or revocation of any provision of subordinate legislation referred to in that Schedule.

Commencement Information

I3 S. 73 in force at 26.10.2006 for W. by S.I. 2006/2826, art. 2(1)(2)(c)

I4 S. 73 in force at 23.7.2007 for E. by S.I. 2007/2053, arts. 1(2), 2(1)(2)(b) (with art. 4) (as amended (17.3.2008) by S.I. 2008/757, art. 3)

74 Civil enforcement areas E+W

(1) Schedule 8 makes provision—

(a) as to the areas that are civil enforcement areas for the purposes of different descriptions of road traffic contravention, and

(b) as to the meaning of “enforcement authority” in relation to road traffic contraventions committed in a civil enforcement area.

(2) In that Schedule—

• Part 1 makes provision for Greater London, and

• Part 2 makes provision for the rest of England and Wales.

Commencement Information

I5 S. 74 in force at 26.10.2006 for W. by S.I. 2006/2826, art. 2(1)(2)(c)

I6 S. 74 in force at 31.3.2008 for specified purposes for E. by S.I. 2007/2053, arts. 1(2), 3(1)(2)(a) (with arts. 5-8) (as amended (17.3.2008) by S.I. 2008/757, arts. 3, 5)

75 Power to require authority to apply for civil enforcement powers E+W

(1) The appropriate national authority may by notice in writing under this section (a “notice to apply”) require a local authority to make an application under paragraph 8 of Schedule 8 for an order designating the whole or part of the local authority's area as a civil enforcement area for parking contraventions.

(2) The notice must specify—

(a) the date by which the local authority is to make the application (“the application date”),

(b) the latest date by which the application must request that the order comes into force (“the in-force date”), and

(c) the area in respect of which the application is to be made.

(3) Before giving a notice to apply the appropriate national authority must inform the local authority concerned and the appropriate chief officer of police, in writing, of its intention to give such a notice, indicating the application date, the in-force date and the area it intends to specify in the notice.

(4) The local authority may make representations to the appropriate national authority to the effect—

(a) that a notice to apply should not be given to the authority, or

(b) that the notice should specify a different application date, a different in-force date, or a different area in respect of which the application is to be made.

(5) In considering whether to give a notice to apply the appropriate national authority must have regard to the local authority's representations and take into account—

(a) the administrative burden of creating or extending a civil enforcement area and of enforcing parking contraventions within such an area,

(b) the financial circumstances of the local authority concerned and the likely expenses and receipts in connection with the proposed civil enforcement area,

(c) any representations made by the appropriate chief officer of police, and

(d) any other factors appearing to the appropriate national authority to be relevant.

(6) After a notice to apply has been given, it may be modified by agreement between the appropriate national authority and the local authority concerned.

Commencement Information

I7 S. 75 in force at 26.10.2006 for W. by S.I. 2006/2826, art. 2(1)(2)(c)

I8 S. 75 in force at 31.3.2008 for E. by S.I. 2007/2053, arts. 1(2), 3(1)(2)(b) (with arts. 5-8) (as amended (17.3.2008) by S.I. 2008/757, arts. 3, 5)

76 Civil enforcement officers E+W

(1) A local authority may provide for the enforcement of road traffic contraventions for which it is the enforcement authority by individuals to be known as civil enforcement officers.

(2) A civil enforcement officer must be—

(a) an individual employed by the authority, or

(b) where the authority have made arrangements with any person for the purposes of this section, an individual employed by that person to act as a civil enforcement officer.

(3) Civil enforcement officers—

(a) when exercising specified functions must wear such uniform as may be determined by the enforcement authority in accordance with guidelines issued by the appropriate national authority, and

(b) must not exercise any of those functions when not in uniform.

(4) In subsection (3)(a) “specified” means specified by regulations made by the appropriate national authority.

(5) A parking attendant appointed under section 63A of the Road Traffic Regulation Act 1984 (c. 27) by a local authority that is an enforcement authority—

(a) is a civil enforcement officer in relation to parking contraventions for which that authority is the enforcement authority, and

(b) may be appointed a civil enforcement officer in relation to other road traffic contraventions for which they are the enforcement authority.

[F1 (6) In this section “ local authority ” includes a non-metropolitan district council. ]

Textual Amendments

F1 S. 76(6) inserted (26.1.2009) by Local Transport Act 2008 (c. 26), ss. 127(2), 134(2)

Commencement Information

I9 S. 76 in force at 26.10.2006 for W. by S.I. 2006/2826, art. 2(1)(2)(c)

I10 S. 76 in force at 23.7.2007 for E. by S.I. 2007/2053, arts. 1(2), 2(1)(2)(c) (with art. 4) (as amended (17.3.2008) by S.I. 2008/757, art. 3)

77 Setting the level of penalty charges E+W

(1) Schedule 9 provides for the setting of the levels of penalty charges and certain other charges.

(2) In that Schedule—

• Part 1 specifies the charges to which the Schedule applies,

• Part 2 provides for charges applicable in Greater London, and

• Part 3 provides for charges applicable outside Greater London.

Commencement Information

I11 S. 77 in force at 26.10.2006 for W. by S.I. 2006/2826, art. 2(1)(2)(c)

I12 S. 77 in force at 23.7.2007 for E. by S.I. 2007/2053, arts. 1(2), 2(1)(2)(d), (with art. 4) (as amended (17.3.2008) by S.I. 2008/757, art. 3)