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The Civil Enforcement of Parking Contraventions (Approved Devices) (England) Order 2007

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EXPLANATORY NOTE

(This note is not part of the Order)

Part 6 of the Traffic Management Act 2004 provides for the making of Regulations in respect of the civil enforcement of parking and other types of traffic contravention. Under the powers conferred by Part 6, the Secretary of State for Transport has made the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 (S.I. 2007/3483). Regulation 6(a) of those Regulations prohibits, in accordance with section 72(4)(a) of the Act of 2004, the imposition of a penalty charge for a parking contravention except on the basis of a record produced by an approved device or information given by a civil enforcement officer as to conduct observed by him.

This Order specifies a description of a device which is an approved device for this purpose. In accordance with article 2 a device is an approved device if it is of a type which has been certified by the Secretary of State as meeting the requirements set out in the Schedule. Article 3 provides for devices in use in Greater London immediately before the coming into force of this Order for the purpose of enforcing parking restrictions by camera under local legislation to be treated as approved for a period of 12 months beginning with the date the Order comes into force.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from Traffic Management Division, Department for Transport, 2/06 Great Minster House, 76 Marsham Street, London SWIP 4DR (telephone 020 7944 8692) and can be found on the website of the Department for Transport at www.dft.gov.uk/.

These Regulations have been notified to the European Commission and the other Member States in accordance with Directive 98/34/EC of the European Parliament and of the Council (OJ No. L204, 21.7.98, p. 37), as amended by Directive 98/48/EC of the European Parliament and of the Council (OJ No. L217, 5.8.98, p. 18).

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