The Civil Enforcement of Road Traffic Contraventions (General Provisions) (Wales) Regulations 2013
PART 1PRELIMINARY
Title, commencement and application1.
(1)
These Regulations may be cited as the Civil Enforcement of Road Traffic Contraventions (General Provisions) (Wales) Regulations 2013 and they come into force on 25 March 2013.
(2)
These Regulations apply in relation to Wales.
Interpretation2.
(1)
In these Regulations—
“the 2004 Act” means the Traffic Management Act 2004;
“the 28-day period” has the meaning given by regulation 10(4);
“adjudicator” means an adjudicator appointed under Part 4 of these Regulations;
“applicable discount” and “applicable surcharge” mean the amount of any discount or, as the case may be, surcharge set in accordance with Schedule 9 to the 2004 Act;
“charge certificate” has the meaning given in regulation 20(1);
“civil enforcement area” has the meaning given by paragraph 8 of Schedule 8 to the 2004 Act;
“civil enforcement officer” has the meaning given by section 76 of the 2004 Act;
“enforcement authority” in relation to a penalty charge or the immobilisation or removal of a vehicle means the enforcement authority in relation to the alleged contravention in consequence of which the charge was incurred or the vehicle was immobilised;
“notice to owner”, subject to regulations 20(4) and 22(9), has the meaning given by regulation 18;
“outstanding” in relation to a penalty charge is to be construed in accordance with paragraphs (2) to (4);
“owner” in relation to a vehicle includes any person who falls to be treated as the owner of the vehicle by virtue of regulation 5;
“pedestrian crossing contravention” means a parking contravention consisting of an offence referred to in paragraphs 4(2)(c) or 4(2)(i)(i) of Schedule 7 to the 2004 Act (prohibition on stopping of vehicles on or near pedestrian crossings);
“penalty charge” means a penalty charge relating to a road traffic contravention and payable in accordance with regulation 4;
“penalty charge notice” has the meaning given by regulation 8(1);
“regulation 10 penalty charge notice” has the meaning given by regulation 10;
“road traffic contravention” in relation to Wales, means any of the following:
(a)
a parking contravention as described in paragraph 4, Part 1 of Schedule 7 to the 2004 Act;
(b)
a bus lane contravention as described in Part 2 of Schedule 7 to the 2004 Act; or
(c)
a moving traffic contravention as described in Part 4 of Schedule 7 to the 2004 Act.
“the Welsh enforcement authorities” means those enforcement authorities which are local authorities in Wales; and
(2)
For the purposes of these Regulations a penalty charge is outstanding in relation to a vehicle if—
(a)
the charge has not been paid and the enforcement authority to which the charge is payable has not waived payment, whether by cancellation of the penalty charge notice or notice to owner or otherwise;
(b)
the owner of the vehicle when it was immobilised was also the owner of the vehicle when the penalty charge was imposed; and
(c)
either—
(i)
a notice to owner or regulation 10 penalty charge notice has been served in respect of the charge and the conditions in paragraph (3) are satisfied; or
(ii)
no notice to owner or regulation 10 penalty charge notice has been served in respect of the charge and the conditions in paragraph (4) are satisfied.
(3)
The conditions referred to in paragraph (2)(c)(i) are that—
(a)
the penalty charge was imposed, in accordance with these Regulations, by an enforcement authority in respect of a road traffic contravention;
(b)
the penalty charge is the subject of a charge certificate served under regulation 20 which has not been set aside in accordance with regulation 22.
(4)
The conditions referred to in paragraph (2)(c)(ii) are that—
(a)
the penalty charge related to a vehicle which, when the penalty charge became payable—
(i)
(ii)
was so registered, but without the inclusion in the registered particulars of the correct name and address of the keeper of the vehicle;
(b)
having taken all reasonable steps, the enforcement authority to which the penalty charge was payable was unable to ascertain the name and address of the keeper of the vehicle and was consequently unable to serve a notice to owner under regulation 18, or a regulation 10 penalty charge notice; and
(c)
the period of 42 days beginning with the date on which the penalty charge became payable has expired.
Service by post3.
(1)
Subject to paragraph (5), any notice (except a penalty charge notice served under regulation 9) or charge certificate under these Regulations—
(a)
may be served by first class (but not second class) post; and
(b)
where the person on whom it is to be served is a body corporate, is duly served if it is sent by first class post to the secretary or clerk of that body.
(2)
Unless the contrary is proved, service of a notice or charge certificate contained in a letter sent by first class post which has been properly addressed, pre-paid and posted is to be taken to have been effected on the second working day after the day of posting.
(3)
In paragraph (2), “working day” means any day except-
(a)
a Saturday or a Sunday;
(b)
New Year’s Day;
(c)
Good Friday;
(d)
Christmas Day;
(e)
(4)
A document may be transmitted to a vehicle hire firm (as defined in regulation 5(4)) by means of electronic data transmission where—
(a)
the vehicle hire firm has indicated in writing to the person sending the notice or document that it is willing to regard a document as having been duly sent to it if it is transmitted to a specified electronic address; and
(b)
the document is transmitted to that address.
(5)
Nothing in this regulation applies to the service of any notice or order made by a county court.
PART 2PENALTY CHARGES
Imposition of penalty charges4.
Subject to the provisions of these Regulations a penalty charge is payable with respect to a vehicle where there has been committed in relation to that vehicle a road traffic contravention in a civil enforcement area in Wales.
Person by whom a penalty charge is to be paid5.
(1)
Where a road traffic contravention occurs, the person by whom the penalty charge for the contravention is to be paid, is to be determined in accordance with the following provisions of this regulation.
(2)
In a case not falling within paragraph (3), the penalty charge is payable by the person who was the owner of the vehicle involved in the contravention at the material time.
(3)
Where—
(a)
the vehicle is a mechanically propelled vehicle which was, at the material time, hired from a vehicle-hire firm under a hiring agreement;
(b)
the person hiring it had signed a statement of liability acknowledging his liability in respect of any penalty charge notice served in respect of any road traffic contravention involving the vehicle during the currency of the hiring agreement; and
(c)
in response to a notice to owner served on him, the owner of the vehicle made representations on the ground specified in regulation 4(4)(d) of the Representations and Appeals Regulations and the enforcement authority accepted those representations,
the penalty charge is payable by the person by whom the vehicle was hired and that person must be treated as if they were the owner of the vehicle at the material time for the purposes of these Regulations.
(4)
In this regulation—
(a)
(b)
“the material time” means the time when the contravention giving rise to the penalty charge is said to have occurred.
Evidence of contravention6.
(1)
In respect of a parking contravention, a penalty charge must not be imposed 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 that officer.
(2)
In respect of—
(a)
a bus lane contravention; or
(b)
a moving traffic contravention,
a penalty charge must not be imposed except on the basis of a record produced by an approved device.
Criminal proceedings for road traffic contraventions in civil enforcement areas7.
(1)
A penalty charge is not payable in relation to a road traffic contravention where—
(a)
the conduct constituting the contravention is the subject of criminal proceedings; or
(b)
(2)
Where, notwithstanding the provisions of paragraph (1)—
(a)
a penalty charge has been paid in respect of a road traffic contravention; and
(b)
the circumstances are as mentioned in paragraph (1)(a) or (b),
the enforcement authority must, as soon as reasonably practicable after those circumstances come to its notice, refund the amount of the penalty charge.
(3)
No criminal proceedings may be instituted and no fixed penalty notice may be served in respect of any parking contravention occurring in a civil enforcement area, except a pedestrian crossing contravention.
Penalty charge notices8.
(1)
In these Regulations a “penalty charge notice” means a notice which—
(a)
was served in accordance with regulation 9 or 10 in relation to a road traffic contravention; and
(b)
complies with the requirements of—
(i)
paragraph (2) below;
(ii)
the Schedules to these Regulations; and
(iii)
regulation 3 of the Representations and Appeals Regulations which so apply.
(2)
A penalty charge notice must be in the form set out in Schedule 2 to these regulations or a form to the like effect, provided that it contains all of the prescribed particulars as set out in Schedule 1 to these regulations and regulation 3 of the Representations and Appeals Regulations.
(3)
The Schedules have effect with regard to penalty charge notices.
Penalty charge notices – service by a civil enforcement officer9.
A civil enforcement officer who has reason to believe that a parking contravention is being committed by a stationary vehicle in a civil enforcement area, may serve a penalty charge notice—
(a)
by fixing it to the vehicle; or
(b)
by giving it to the person appearing to the civil enforcement officer to be in charge of the vehicle.
Penalty charge notices – service by post10.
(1)
An enforcement authority may serve a penalty charge notice by post where—
(a)
on the basis of a record produced by an approved device, the authority has reason to believe that a penalty charge is payable with respect to a road traffic contravention committed in relation to a vehicle in a civil enforcement area;
(b)
a civil enforcement officer attempted to serve a penalty charge notice in accordance with regulation 9 but was prevented from doing so by some person; or
(c)
a civil enforcement officer had begun to prepare a penalty charge notice for service in accordance with regulation 9, but the vehicle concerned was driven away from the place in which it was stationary before the civil enforcement officer had finished preparing the penalty charge notice or had served it in accordance with regulation 9,
and references in these Regulations to a “regulation 10 penalty charge notice” are to a penalty charge notice served by virtue of this paragraph.
(2)
For the purposes of paragraph 1(c), a civil enforcement officer who observes conduct which appears to constitute a parking contravention is not thereby to be taken to have begun to prepare a penalty charge notice.
(3)
A regulation 10 penalty charge notice must be served on the person appearing to the enforcement authority to be the owner of the vehicle involved in the contravention in consequence of which the penalty charge is payable.
(4)
Subject to paragraph (6), a regulation 10 penalty charge notice may not be served later than the expiration of the period of 28 days beginning with the date on which, according to a record produced by an approved device, or information given by a civil enforcement officer, the contravention to which the penalty charge notice relates occurred (in these Regulations called “the 28-day period”).
(5)
Paragraph (6) applies where—
(a)
within 14 days of the appropriate date the enforcement authority has requested the Secretary of State to supply the relevant particulars in respect of the vehicle involved in the contravention and those particulars have not been supplied before the expiration of the 28-day period;
(b)
an earlier regulation 10 penalty charge notice relating to the same contravention has been cancelled under regulation 22(5)(c); or
(c)
an earlier regulation 10 penalty charge notice relating to the same contravention has been cancelled under regulation 5 of the Representations and Appeals Regulations.
(6)
Where this paragraph applies, notwithstanding the expiration of the 28-day period, an enforcement authority continues to be entitled to serve a regulation 10 penalty charge notice—
(a)
in a case falling within paragraph (5)(a), for a period of six months beginning with the appropriate date; or
(b)
in a case falling within paragraph (5)(b) or (c), for a period of 4 weeks beginning with the appropriate date.
(7)
In this regulation—
(a)
“the appropriate date” means-
(i)
in a case falling within paragraph (5)(a), the date referred to in paragraph (4);
(ii)
in a case falling within paragraph (5)(b), the date on which the district judge serves notice in accordance with regulation 22(5)(d); or
(iii)
in a case falling within paragraph (5)(c) the date on which the previous regulation 10 penalty charge notice was cancelled; and
(b)
“relevant particulars” means particulars relating to the identity of the keeper of the vehicle contained in the register of mechanically propelled vehicles maintained by the Secretary of State under the Vehicle Excise and Registration Act 1994.
Removal of or interference with a penalty charge notice11.
(1)
A penalty charge fixed to a vehicle in accordance with regulation 9(a) must not be removed or interfered with except by or under the authority of—
(a)
the owner or person in charge of the vehicle; or
(b)
the enforcement authority.
(2)
A person contravening paragraph (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
PART 3IMMOBILISATION OF VEHICLES FOR PARKING CONTRAVENTIONS
Power to immobilise vehicles12.
(1)
Subject to regulation 13 (limitations on the power to immobilise vehicles), where a penalty charge notice has been served—
(a)
in respect of a parking contravention; and
(b)
in accordance with regulation 9,
a civil enforcement officer or a person acting under the direction of a civil enforcement officer may fix an immobilisation device to the vehicle while it remains in the place where it was found.
(2)
On any occasion when an immobilisation device is fixed to a vehicle in accordance with this regulation, the person fixing the device must also fix to the vehicle a notice—
(a)
indicating that such a device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion until it has been released from that device;
(b)
specifying the steps to be taken in order to secure its release; and
(c)
warning that unlawful removal of an immobilisation device is an offence.
(3)
A notice fixed to a vehicle in accordance with this regulation must not be removed or interfered with except by or under the authority of—
(a)
the owner, or person in charge of the vehicle; or
(b)
the enforcement authority.
(4)
A person contravening paragraph (3) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(5)
Any person who, without being authorised to do so in accordance with these Regulations, removes or attempts to remove an immobilisation device fixed to a vehicle in accordance with this regulation is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Limitations on the power to immobilise vehicles13.
(1)
An immobilisation device must not be fixed to a vehicle in accordance with regulation 12 if there is displayed on the vehicle—
(a)
a current disabled person’s badge; or
(b)
a current recognised badge.
(2)
If, in a case in which an immobilisation device would have been fixed to a vehicle but for paragraph (1)(a), the vehicle was not being used—
(a)
(b)
the person in charge of the vehicle is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3)
If, in a case in which an immobilisation device would have been fixed to a vehicle but for paragraph (1)(b), the vehicle was not being used—
(a)
(b)
the person in charge of the vehicle is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4)
An immobilisation device must not be fixed to a vehicle which is in a parking place in respect of a contravention consisting of, or arising out of, a failure—
(a)
to pay a parking charge with respect to the vehicle;
(b)
properly to display a ticket or parking device; or
(c)
to remove the vehicle from a parking place by the end of the period for which the appropriate charge was paid,
until 15 minutes have elapsed since the service of a penalty charge notice under regulation 9 in respect of the contravention.
(5)
In this Regulation—
(a)
“disabled person’s badge” is a badge issued by local authorities for motor vehicles driven by or used for the carriage of disabled persons in accordance with section 21 of the Chronically Sick and Disabled Persons Act 1970 and regulations made thereunder; and
(b)
“recognised badge” has the same meaning as in section 21A(1) of the Chronically Sick and Disabled Persons Act 1970.
Release of immobilised vehicles14.
(1)
A vehicle to which an immobilisation device has been fixed in accordance with regulation 12 may only be released from that device by or under the direction of a person authorised by the enforcement authority to give such a direction.
(2)
Subject to paragraph (1), such a vehicle must be released from the device on payment in any manner specified in the notice fixed to the vehicle under regulation 12(2) of—
(a)
the penalty charge payable in respect of the parking contravention; and
(b)
such charge in respect of the release as may be required by the enforcement authority.
PART 4ADJUDICATORS
Discharge of functions relating to adjudicators15.
(1)
(2)
The constituent authorities of a joint committee may include county or county borough councils in England.
(3)
Appointment of adjudicators16.
(1)
The relevant enforcement authorities must appoint such number of adjudicators for the purposes of Part 6 of the 2004 Act on such terms as they may decide.
(2)
Any decision by those authorities to appoint a person as an adjudicator will not have effect without the consent of the Lord Chancellor.
(3)
Any decision by those authorities—
(a)
not to re-appoint a person as an adjudicator; or
(b)
to remove a person from his office as an adjudicator,
will not have effect without the consent of the Lord Chancellor and the Lord Chief Justice.
(4)
(5)
Adjudicators who—
(a)
were appointed under section 73 of the Road Traffic Act 1991; and
(b)
held office immediately before the coming into force of this regulation,
are to be treated as having been appointed under this regulation on the same terms as those on which they held office at that time.
(6)
Each adjudicator must make an annual report to the relevant enforcement authorities in accordance with such requirements as may be imposed by those authorities.
(7)
The relevant authorities must make and publish an annual report to the Welsh Ministers on the discharge by the adjudicators of their functions.
Expenses of the relevant authorities17.
(1)
In default of a decision by any of the enforcement authorities under section 81(9)(a) of the 2004 Act as to the proportions in which their expenses under section 81 of that Act are to be defrayed, the authorities concerned must refer the issue to be determined by an arbitrator nominated by the Chartered Institute of Arbitrators.
(2)
Where the Welsh Ministers are satisfied that there has been a failure on the part of any of the relevant enforcement authorities to agree those proportions, they may give to the relevant joint committee such directions as are in their opinion necessary to secure that the issue is referred to arbitration in accordance with paragraph (1).
(3)
In this regulation “the relevant joint committee” means the joint committee constituted under regulation 15 of which the enforcement authorities in default are constituent authorities.
PART 5ENFORCEMENT OF PENALTY CHARGES
The notice to owner18.
(1)
Subject to regulation 19, where—
(a)
a penalty charge notice has been served with respect to a vehicle under regulation 9; and
(b)
the period of 28 days specified in the penalty charge notice as the period within which the penalty charge is to be paid has expired without that charge being paid,
the enforcement authority concerned may serve a notice (“a notice to owner”) on the person who appears to it to have been the owner of the vehicle when the alleged contravention occurred.
(2)
A notice to owner served under paragraph (1) must, in addition to the matters required to be included in it under regulation 3(3) of the Representations and Appeals Regulations, state—
(a)
the date of the notice, which must be the date on which the notice is posted;
(b)
the name of the enforcement authority serving the notice;
(c)
the amount of the penalty charge payable;
(d)
the date on which the penalty charge notice was served;
(e)
the grounds on which the civil enforcement officer who served the penalty charge notice under regulation 9 believed that a penalty charge was payable with respect to the vehicle;
(f)
that the penalty charge, if not already paid, must be paid within “the payment period” as defined by regulation 3(3)(a) of the Representations and Appeals Regulations;
(g)
that if, after the payment period has expired, no representations have been made under regulation 4 of the Representations and Appeals Regulations and the penalty charge has not been paid, the enforcement authority may increase the penalty charge by the applicable surcharge; and
(h)
the amount of the increased penalty charge.
Time limit for service of a notice to owner19.
(1)
A notice to owner may not be served after the expiry of the period of 6 months beginning with the relevant date.
(2)
The relevant date—
(a)
in a case where a notice to owner has been cancelled under regulation 22(5)(c) of these Regulations, is the date on which the district judge serves notice in accordance with regulation 22(5)(d);
(b)
in a case where a notice to owner has been cancelled under regulation 5 of the Representations and Appeals Regulations, is the date of such cancellation;
(c)
in a case where payment of the penalty charge was made, or had purportedly been made, before the expiry of the period mentioned in paragraph (1) but the payment or purported payment had been cancelled or withdrawn, is the date on which the enforcement authority is notified that the payment or purported payment has been cancelled or withdrawn;
(d)
in any other case, is the date on which the relevant penalty charge notice was served under regulation 9.
Charge certificates20.
(1)
Where a notice to owner is served on any person and the penalty charge to which it relates is not paid before the end of the relevant period, the authority serving the notice may serve on that person a statement (a “charge certificate”) to the effect that the penalty charge in question is increased by the amount of the applicable surcharge.
(2)
The relevant period, in relation to a notice to owner, is the period of 28 days beginning—
(a)
where no representations are made under regulation 4 of the Representations and Appeals Regulations, with the date on which the notice to owner is served;
(b)
where—
(i)
such representations are made;
(ii)
a notice of rejection is served by the authority concerned; and
(iii)
no appeal against the notice of rejection is made,
with the date on which the notice of rejection is served;
(c)
where an adjudicator has, under regulation 7(4) of the Representations and Appeals Regulations, recommended the enforcement authority to cancel the notice to owner, with the date on which the enforcement authority notifies the appellant under regulation 7(5) of those Regulations that it does not accept the recommendation; or
(d)
in a case not falling within sub-paragraph (c) where there has been an unsuccessful appeal to an adjudicator under the Representations and Appeals Regulations against a notice of rejection, with the date on which the adjudicator’s decision is served on the appellant.
(3)
Where an appeal against a notice of rejection is made but is withdrawn before the adjudicator serves notice of his decision, the relevant period in relation to a notice to owner is the period of 14 days beginning with the date on which the appeal is withdrawn.
(4)
In this regulation—
(a)
references to a “notice to owner” include a regulation 10 penalty charge notice; and
(b)
“notice of rejection” has the meaning given by regulation 2 of the Representations and Appeals Regulations.
Enforcement of charge certificates21.
Where a charge certificate has been served on any person and the increased penalty charge provided for in the certificate is not paid within the period of 14 days beginning with the date on which the certificate is served, the enforcement authority may, if a county court so orders, recover the increased charge as if it were payable under a county court order.
Invalid notices22.
(1)
This regulation applies where—
(a)
a county court makes an order under regulation 21;
(b)
the person against whom it is made makes a witness statement complying with paragraph (2); and
(c)
that statement is served on the county court which makes the order, before the end of—
(i)
the period of 21 days, beginning with the date on which notice of the county court’s order is served on him; or
(ii)
such longer period as may be allowed under paragraph (4).
(2)
The witness statement must state one and only one of the following—
(a)
that the person making it did not receive the notice to owner in question;
(b)
that representations were made to the enforcement authority under regulation 4 of the Representations and Appeals Regulations but a notice of rejection was not received from that authority in accordance with regulation 6 of those Regulations;
(c)
that an appeal was made to an adjudicator under regulation 7 of those Regulations against the rejection by the enforcement authority of representations made under regulation 4 of those Regulations but—
(i)
no response to the appeal was received;
(ii)
the appeal had not been determined by the time that the charge certificate had been served; or
(iii)
the appeal was determined in the appellant’s favour; or
(d)
that the penalty charge to which the charge certificate relates has been paid.
(3)
Paragraph (4) applies where it appears to a district judge, on the application of a person on whom a charge certificate has been served, that it would be unreasonable in the circumstances of the case to insist on serving his witness statement within the period of 21 days allowed for by paragraph (1).
(4)
Where this paragraph applies, the district judge may consider allowing a longer period for service of the witness statement.
(5)
Where a witness statement is served under paragraph (1)(c)—
(a)
the order of the court is deemed to have been revoked;
(b)
the charge certificate is deemed to have been cancelled;
(c)
in the case of a statement under paragraph (2)(a), the notice to owner to which the charge certificate relates is deemed to have been cancelled; and
(d)
the district judge must serve written notice of the effect of service of the statement on the person making it and on the enforcement authority concerned.
(6)
Subject to regulation 19, service of a witness statement under paragraph (2)(a) must not prevent the enforcement authority from serving a fresh notice to owner.
(7)
Where a witness statement has been served under paragraph (2)(b), (c) or (d), the enforcement authority must refer the case to the adjudicator who may give such directions as are appropriate in the circumstances and the parties must comply with those directions.
(8)
(9)
In this regulation—
(a)
references to a “notice to owner” include a regulation 10 penalty charge notice; and
(b)
“witness statement” means a statement which is a witness statement for the purposes of the Civil Procedure Rules 1998 and which is supported by a statement of truth in accordance with Part 22 of those Rules.
PART 6FINANCIAL PROVISIONS
Modification of section 55 of the Road Traffic Regulation Act 198423.
(1)
(2)
“(1)
A local authority in Wales which is an enforcement authority must keep an account—
(a)
of its income and expenditure in respect of any designated parking places in its area which are not in a civil enforcement area;
(b)
of its income and expenditure (otherwise than as an enforcement authority) in respect of designated parking places in its area which are in a civil enforcement area; and
(c)
of its income and expenditure in connection with its functions as an enforcement authority in relation to parking contraventions within Part 1, paragraph 4 of Schedule 7 to the 2004 Act.”.
(3)
“(3A)
A local authority in Wales which is an enforcement authority must after the end of each financial year send a copy of the accounts kept under subsection (1) to the Welsh Ministers.”.
(4)
In subsection (3B) for the words “the end of” there is substituted “the conclusion of the audit of the accounts of the body concerned for”.
(5)
““the 2004 Act” means the Traffic Management Act 2004;
“enforcement authority” means an authority which is an enforcement authority for the purposes of Part 6 of the 2004 Act (pursuant to paragraph 8(5) of Schedule 8) and references to the functions of an authority as an enforcement authority are to its functions under that Part of that Act.”.
Income and expenditure24.
(1)
In connection with its functions as an enforcement authority, a local authority in Wales must keep separate income and expenditure accounts in relation to each of the following types of contravention—
(a)
bus lane contraventions as described in Part 2 of Schedule 7 to the 2004 Act; and
(b)
moving traffic contraventions as described in Part 4 of Schedule 7 to the 2004 Act,
in addition to those accounts in relation to parking contraventions as described in regulation 23.
(2)
A local authority in Wales which is an enforcement authority must, after the end of each financial year, send a copy of each of the accounts kept under subsection (1) to the Welsh Ministers.
Surpluses to be carried forward25.
Where, immediately before the coming into force of these Regulations there is a surplus in an account which is kept under section 55 of the Road Traffic Regulation Act 1984 as modified in relation to that authority by an Order made under Schedule 3 to the Road Traffic Act 1991 and kept by a local authority the surplus must be carried forward.
Application of sums paid by way of penalty charge26.
(1)
Any surplus in an account which is kept under section 55 of the Road Traffic Regulation Act 1984, must be treated as a surplus arising under that section as modified by regulation 23 and must be applied for all or any of the purposes specified in that section.
(2)
Any surplus arising in an account kept by an enforcement authority in relation to bus lane or moving traffic contraventions must be applied for all or any of the purposes specified in paragraph (3) and, insofar as it is not applied, must be appropriated to the carrying out of some specific project falling within those purposes and carried forward until applied to that project.
(3)
The purposes referred to in paragraph (2) are—
(a)
the making good to the enforcement authority’s general fund of any amount charged to that fund in respect of any deficit in the four years preceding the financial year in question;
(b)
the purposes of environmental improvement in the enforcement authority’s area;
(c)
meeting costs incurred, whether by the enforcement authority or by some other person, in the provision or operation of, or of facilities for public passenger transport services; or
(d)
the purposes of a highway or road improvement project in the enforcement authority’s area.
(4)
For the purposes of paragraph (3)(b), “environmental improvement” includes—
(a)
(b)
improving or maintaining the appearance or amenity of—
(i)
a road or land in the vicinity of a road, or
(ii)
open land or water to which the general public has access; and
(c)
the provision of outdoor recreational facilities available to the public without charge.
(5)
PART 7AMENDMENT AND REVOCATION
Revocation27.
(1)
Upon the coming into force of these Regulations, the instruments set out in paragraph (2) are revoked.
(2)
The instruments described in paragraph (1) are—
(a)
(b)
Amendment to paragraph 9(4) of Schedule 7 to the Traffic Management Act 200428.
The table in paragraph 9(4) of Schedule 7 to the Traffic Management Act 2004 is amended as follows—
(a)
After diagram number 957, under the heading “Description” insert: “With flow bus lane which pedal cycles and taxis may also use ahead.”
(b)
After diagram number 957, under the heading “Diagram number” insert: “958”.
(c)
After diagram number 958, under the heading “Description”, insert: “With flow bus lane which pedal cycles may also use.”
(d)
After diagram number 958, under the heading “Diagram number” insert: “959.”
(e)
After diagram number 959.1, under the heading “Description” insert: “Contra flow bus lane.”
(f)
After diagram number 959.1, under the heading “Diagram number”, insert: “960.”
SCHEDULE 1PENALTY CHARGE NOTICES
Contents of a penalty charge notice served under regulation 9
1.
A penalty charge notice served under regulation 9 must, in addition to the matters required to be included in it by regulation 3(2) of the Representations and Appeals Regulations, state—
(a)
the date on which the notice is served;
(b)
the name of the enforcement authority;
(c)
the registration mark of the vehicle involved in the alleged contravention;
(d)
the date and the time at which the alleged contravention occurred;
(e)
the grounds on which the civil enforcement officer issuing the notice believes that a penalty charge is payable;
(f)
the amount of the penalty charge;
(g)
that the penalty charge must be paid within the period of 28 days beginning with the date on which the alleged contravention occurred;
(h)
that if the penalty charge is paid within the period of 14 days beginning with the date on which the notice is served, the penalty charge will be reduced by the amount of any applicable discount;
(i)
the manner in which the penalty charge must be paid; and
(j)
that if the penalty charge is not paid within the period of 28 days referred to in sub-paragraph (g), a notice to owner may be served by the enforcement authority on the owner of the vehicle.
Contents of a regulation 10 penalty charge notice
2.
A regulation 10 penalty charge notice, in addition to the matters required to be included in it by regulation 3(4) of the Representations and Appeals Regulations, must state—
(a)
the date of the notice, which must be the date on which it is posted;
(b)
the matters specified in paragraphs 1(b), (c), (d), (f) and (i);
(c)
the grounds on which the enforcement authority believes that a penalty charge is payable;
(d)
that the penalty charge must be paid within the period of 28 days beginning with the date on which the penalty charge notice is served;
(e)
that if the penalty charge is paid not later than the applicable date, the penalty charge will be reduced by the amount of any applicable discount;
(f)
that if after the last day of the period referred to in sub-paragraph (d)—
(i)
no representations have been made in accordance with regulation 4 of the Representations and Appeals Regulations; and
(ii)
the penalty charge has not been paid,
the enforcement authority may increase the penalty charge by the amount of any applicable surcharge and take steps to enforce payment of the charge as so increased;
(g)
the amount of the increased penalty charge; and
(h)
that the penalty charge notice is being served by post for whichever of the following reasons applies—
(i)
that the penalty charge notice is being served by post on the basis of a record produced by an approved device;
(ii)
that it is being so served, because a civil enforcement officer attempted to serve a penalty charge notice by affixing it to the vehicle or giving it to the person in charge of the vehicle but was prevented from doing so by some person; or
(iii)
that it is being so served because a civil enforcement officer had begun to prepare a penalty charge notice for service in accordance with regulation 9, but the vehicle was driven away from the place in which it was stationary before the civil enforcement officer had finished preparing the penalty charge notice or had served it in accordance with regulation 9.
3.
In paragraph 2 for the purposes of sub-paragraph (e), the “applicable date” is—
(a)
in the case of a penalty charge notice served by virtue of regulation 10(1)(a) (on the basis of a record produced by an approved device), the last day of the period of 21 days beginning with the date on which the notice was served; or
(b)
in any other case, the last day of the period of 14 days beginning with that date.
SCHEDULE 2FORM OF PENALTY CHARGE NOTICES
PENALTY CHARGE NOTICE BY A CIVIL ENFORCEMENT OFFICER
ENW’R AWDURDOD GORFODI
PENALTY CHARGE NOTICE SERVED BY POST
ENW’R AWDURDOF GORFODI
These Regulations revoke and replace the Civil Enforcement of Parking Contraventions (General Provisions) (Wales) (No.2) Regulations 2008 (S.I. 2008/1214 (W.122)) and the Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations 2008 (S.I. 2008/609).
These Regulations provide for the civil enforcement of road traffic contraventions in Wales in accordance with Part 6 of the Traffic Management Act 2004. Part 6 of the 2004 Act and statutory instruments made thereunder supersede the provisions of Part II of and Schedule 3 to the Road Traffic Act 1991. These Regulations should be read in conjunction with the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (Wales) Regulations 2013 (S.I. 2013/359) and the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) Removed Vehicles (Wales) Regulations 2013 (S.I. 2013/361 (W.43)).
Regulation 3 makes provision for the service of a penalty charge notice by post. Regulation 4 enables a penalty charge to be imposed for specified types of road traffic contravention. A penalty charge is payable by the owner of the vehicle concerned (regulation 5(2)), except in the circumstances specified in regulation 5(3) (vehicle hired from a vehicle hiring firm under a vehicle hiring agreement). In accordance with regulation 6, a penalty charge is not to be imposed except on the basis of a record produced by an “approved device” (see section 92(1) of the Traffic Management Act 2004 and the Civil Enforcement of Road Traffic Contraventions (Approved Devices) (Wales) Order 2013 (S.I. 2013/360 (W.42)) or information given by a civil enforcement officer as to conduct observed by that officer. Regulation 7 provides that a penalty charge is not to be payable for a road traffic contravention where the contravention is the subject of criminal proceedings or a fixed penalty notice has been given under the Road Traffic Offenders Act 1988, but, if a penalty charge is in fact paid in either of those circumstances, it must be refunded by the enforcement authority.
Regulation 8 defines a penalty charge notice and introduces the Schedules which make detailed provision as to the form and content of such notices. Regulation 9 enables a civil enforcement officer, where that officer has reason to believe that a penalty charge is payable for a stationary vehicle in a civil enforcement area, to fix a penalty charge notice to the vehicle or hand one to the person appearing to him to be in charge of it. Regulation 10 makes provision for the service of a penalty charge notice by post, on the basis of the evidence of an approved device or where a civil enforcement officer has been prevented by some person from serving one in accordance with regulation 9, or had begun to prepare a penalty charge notice in accordance with regulation 9, but the vehicle was driven away before it had been served, and for time limits applicable to notices served by post. Regulation 11 makes it an offence to interfere with a penalty charge notice served by its being fixed to a vehicle, except by or under the authority of the owner or person in charge of the vehicle or the enforcement authority.
Provision is made by Part 3 for the immobilisation of vehicles for parking contraventions. Regulation 12 defines when an immobilisation device may be fixed to a vehicle, requires a notice to be fixed to the vehicle at the time of immobilisation and creates the offences of interfering with the notice or the immobilisation device. Regulation 13 specifies exceptions to the general power to immobilise and regulation 14 specifies the pre-requisites for the release of a vehicle from an immobilisation device.
Part 4 provides for the appointment of adjudicators by enforcement authorities and for the functions of those authorities relating to adjudicators to be discharged through joint committees. Regulation 15 requires the Welsh enforcement authorities to act through one or more joint committees and also provides for arrangements under the 1991 Act to be continued as between Welsh and (where required) English enforcement authorities until superseded. Enforcement authorities are required by regulation 16 to appoint a sufficient number of adjudicators and provision is made for parking adjudicators holding office under the 1991 Act immediately before the coming into force of these Regulations to continue in office. Regulation 17 deals with the expenses of the relevant authorities, providing for the Welsh enforcement authorities to refer decisions concerning the apportionment of expenses to an independent arbitrator and gives the Welsh Ministers power to give directions to the joint committee to refer such matters for arbitration.
Part 5 is concerned with the enforcement of penalty charges. Regulations 18 and 19 provide for the service of a notice to owner by an enforcement authority in respect of an unpaid penalty charge and specify the contents of a notice to owner and the time limit for service. Provision is made by regulations 20, 21 and 22 for the service of charge certificates in respect of unpaid penalty charges (where a notice to owner or penalty charge notice under regulation 10 has been served and the avenues of appeal have not been pursued or have been pursued unsuccessfully), for charge certificates to be enforced through a county court and for county court orders to be set aside where the respondent serves a witness statement stating one of the matters mentioned in regulation 22(2).
In Part 6, regulation 23 applies section 55 of the Road Traffic Regulation Act 1984 (“the 1984 Act”), with modifications, to the income and expenditure of enforcement authorities from parking places under Part 6 of the Traffic Management Act 2004. Regulation 24 makes provision for separate accounts to be kept in respect of the income and expenditure from bus lane and moving traffic contraventions respectively. Regulation 25 provides that a surplus in an account kept under section 55 of the 1984 Act must be carried forward and regulation 26 specifies the purposes for which those funds, and any surplus resulting from bus lane and moving traffic contraventions, must be applied.
Part 7 deals with revocation of previous legislation and amendment to Schedule 7 to the Traffic Management Act 2004 to allow further traffic signs to be included for moving traffic contravention purposes.
A full Regulatory Impact Assessment and Explanatory Memorandum can be obtained from the Public Transport Division, Transport, Local Government and Communities, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.