The Civil Enforcement of Road Traffic Contraventions (General Provisions) (Wales) Regulations 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

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.