Part 6Civil enforcement of traffic contraventions

Civil penalties for road traffic contraventions

I1I272Civil penalties for road traffic contraventions

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.