SCHEDULES
SCHEDULE 4Prohibition on driving: immobilisation, removal and disposal of vehicles
Offences connected with immobilisation etc.
I13
1
The regulations may provide that a person who fails to comply within a reasonable time with a direction under provision made under paragraph 2(1)(b) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
The regulations may provide that a person contravening provision made under paragraph 2(7) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
3
The regulations may provide that a person who, without being authorised to do so in accordance with provision made under paragraph 2, removes or attempts to remove an immobilisation device fixed to a vehicle in accordance with the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
The regulations may provide that where they would otherwise have applied in relation to a vehicle but for provision made under paragraph 2(6)(a) and the vehicle was not, at the time at which they would otherwise have applied, being used—
a
in accordance with regulations under section 21 of the Chronically Sick and Disabled Persons Act 1970 (c. 44), and
b
in circumstances falling within section 117(1)(b) of the Road Traffic Regulation Act 1984 (c. 27) (use where a disabled person's concession would be available),
the person in charge of the vehicle at that time is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
5
The regulations may provide that where—
a
a person makes a declaration with a view to securing the release of a vehicle from an immobilisation device purported to have been fixed in accordance with the regulations,
b
the declaration is that the prohibition has been removed, and
c
the declaration is to the person's knowledge either false or in any material respect misleading,
he is guilty of an offence.
6
The regulations may provide that a person guilty of an offence for which provision is made under sub-paragraph (5) is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum, or
b
on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or both.