The Road User Charging (Charges and Penalty Charges) (London) Regulations 2001

PART II E+W PENALTY CHARGES

Imposition of penalty charges E+W

4.—(1) A charging scheme may provide that a penalty charge shall be imposed in respect of a vehicle where—

(a) the vehicle has been used or kept on a road in the charging area to which the scheme applies;

(b) the vehicle falls within a class in respect of which a charge is imposed by the charging scheme;

(c) the road is a road in respect of which a charge is imposed by the charging scheme;

(d) events have occurred by reference to the happening of which a charge is imposed by the charging scheme; and

(e) the charge has not been paid in full within the time and in the manner in which it is required by the charging scheme to be paid.

(2) A charging scheme may further provide that penalty charges shall be imposed in respect of—

(a) the release of a vehicle from an immobilisation device fixed to it in accordance with regulation 11;

(b) the removal of a vehicle in accordance with regulation 12;

(c) the storage and release from storage of a vehicle so removed; or

(d) the sale or destruction of a vehicle so removed.

(3) If a charging scheme so provides a penalty charge shall be payable.

[F1 (4) A charging scheme shall specify the time in which any penalty charge imposed by it under paragraph (1) is to be paid and shall provide that the amount of such a penalty charge—

(a) is to be reduced by the amount or proportion and to the sum specified in that behalf in the scheme if it is duly paid within such shorter time as is so specified; and

(b) is to be increased by the amount or proportion and to the sum so specified if not duly paid before the end of the relevant period as defined by regulation 17(2) or (3), as the case may be, of the Enforcement Regulations.]

Textual Amendments

F1 Reg. 4(4) substituted (17.2.2003) by The Road User Charging (Charges and Penalty Charges) (London) (Amendment) Regulations 2003 (S.I. 2003/109), regs. 1, 4(2)

Commencement Information

I1 Reg. 4 in force at 16.7.2001, see reg. 1

Setting the rates of penalty charges E+W

5.—(1) The rates of penalty charges (which may be no charge) imposed by a charging scheme shall be specified in the scheme.

(2) Different rates of penalty charges may be specified for—

(a) different classes of penalty charge;

(b) different days;

(c) different times of day;

(d) different parts of a charging area;

(e) different distances travelled;

(f) different classes of vehicles; or

(g) different circumstances in which penalty charges are imposed.

Commencement Information

I2 Reg. 5 in force at 16.7.2001, see reg. 1

Liability for charges and penalty charges E+W

6.—(1) In this regulation—

(a) “relevant vehicle” means a vehicle in respect of which charges or penalty charges are imposed by a charging scheme arising out of its having been used or kept on a road in a charging area designated by the scheme as a road in respect of which a charge is imposed; and

(b) “relevant time” means the time at which a relevant vehicle was so used or kept on that road.

(2) The circumstances in which, and the persons by whom, charges and penalty charges imposed in respect of a relevant vehicle by a charging scheme are to be payable otherwise than by the registered keeper are those specified in paragraphs (3) to (6).

(3) Where the relevant vehicle is not registered under the Vehicle Excise and Registration Act 1994, charges and penalty charges shall be payable by the person by whom the relevant vehicle was used or kept on a road at the relevant time.

(4) Where at the relevant time the relevant vehicle was kept by a person who was [F2 a vehicle trader as defined by regulation 20(6) of the Registration and Licensing Regulations 2002] and that person was not the registered keeper, charges and penalty charges shall be payable by that person.

(5) Where before the relevant time the registered keeper had notified the Secretary of State in writing, in accordance with [F3 regulation 21, 22, 23, 24 or 25 of the Registration and Licensing Regulations 2002], that there had been a change of ownership of the relevant vehicle so that it was no longer kept by him, charges and penalty charges shall be payable by the person by whom the vehicle was kept at the relevant time.

(6) Where at the relevant time—

(a) the registered keeper of the relevant vehicle was a vehicle-hire firm;

(b) the relevant vehicle was hired from that firm under a hiring agreement;

(c) the person hiring it signed a statement of liability acknowledging his liability for any charges or penalty charges incurred under a charging scheme during the currency of the hiring agreement,

charges and penalty charges shall be payable by the hirer of the vehicle.

(7) The date on which the registered keeper shall be taken for the purposes of these Regulations to have notified the Secretary of State as mentioned in paragraph (5) shall be the date on which service on the Secretary of State is to be taken to have been effected in accordance with section 7 of the Interpretation Act 1978(1) of—

[F4 (a) in a case where regulation 21 of the Registration and Licensing Regulations 2002 applies, the information specified in regulation 21(2)(b) of those Regulations;

(b) in a case where regulation 22 of the Registration and Licensing Regulations 2002 applies, parts of the registration document in accordance with regulation 22(2)(b);

(c) in a case where regulation 23 of the Registration and Licensing Regulations 2002 applies, notification in accordance with regulation 23(2);

(d) in a case where regulation 24 of the Registration and Licensing Regulations 2002 applies, the information and declarations in accordance with regulation 24(5)(a); or

(e) in a case where regulation 25 of the Registration and Licensing Regulations 2002 applies, notification in accordance with regulation 25(1)(a).]

Textual Amendments

F2 Words in reg. 6(4) substituted (17.2.2003) by The Road User Charging (Charges and Penalty Charges) (London) (Amendment) Regulations 2003 (S.I. 2003/109), regs. 1, 5(2)

F3 Words in reg. 6(5) substituted (17.2.2003) by The Road User Charging (Charges and Penalty Charges) (London) (Amendment) Regulations 2003 (S.I. 2003/109), regs. 1, 5(3)

F4 Reg. 6(7)(a)-(e) substituted for reg. 6(7)(a)(b) (17.2.2003) by The Road User Charging (Charges and Penalty Charges) (London) (Amendment) Regulations 2003 (S.I. 2003/109), regs. 1, 5(4)

Commencement Information

I3 Reg. 6 in force at 16.7.2001, see reg. 1

(1)

1978 c. 30.