Traffic Management Act 2004

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)