The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022

Limitations on the power to immobilise vehicles E+W

14.—(1) An immobilisation device must not be fixed to a vehicle if there is displayed on the vehicle—

(a) a current disabled person’s badge(1), 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) in accordance with regulations under section 21 of the Chronically Sick and Disabled Persons Act 1970(2), and

(b) in circumstances falling within section 117(1)(b) of the RTRA 1984(3) (use where a disabled persons’ concession would be available),

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) in accordance with regulations under section 21A of the Chronically Sick and Disabled Persons Act 1970(4), and

(b) in circumstances falling within section 117(1A)(b) of the RTRA 1984(5) (use where a disabled person’s concession would be available by virtue of displaying a non-GB badge),

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(6) 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 [F1 15 minutes have] elapsed since the penalty charge notice was given under regulation 9 in respect of the contravention.

F2 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in reg. 14(4) substituted (15.7.2022) by The Civil Enforcement of Moving Traffic Contraventions Designations and Miscellaneous Amendments Order 2022 (S.I. 2022/686), arts. 1(3), 5(2)(a)

F2 Reg. 14(5)-(7) omitted (15.7.2022) by virtue of The Civil Enforcement of Moving Traffic Contraventions Designations and Miscellaneous Amendments Order 2022 (S.I. 2022/686), arts. 1(3), 5(2)(b)

Commencement Information

I1 Reg. 14 in force at 31.5.2022, see reg. 1(2)

(1)

“Disabled person’s badge” and “recognised badge” are defined in section 79(7) of the TMA 2004.

(2)

1970 c. 44. The relevant current regulations are the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 (S.I. 2000/682).

(3)

In relation to England, section 117(1) was substituted by section 35(6) of the Road Traffic Act 1991 (c. 40), and amended by paragraph 44 of Schedule 1 to the Disability Discrimination Act 2005 (c. 13). There are other amendments to section 117(1) which are not relevant to these Regulations.

(4)

Section 21A was inserted by section 9 of the Disability Discrimination Act 2005. No regulations have been made under this section.

(5)

Subsection (1A) was inserted by the Disability Discrimination Act 2005, Schedule 1, paragraph 44.

(6)

“Parking place” and “parking device” are defined in section 79(7) of the TMA 2004.