PART 1Preliminary
Interpretation2
In these Regulations—
“the LGA 1972” means the Local Government Act 19725
“the RTRA 1984” means the Road Traffic Regulation Act 19846;
“the TMA 2004” means the Traffic Management Act 2004;
“the 2007 General Regulations” means the Civil Enforcement of Parking (England) General Regulations 20077;
“the 2022 Appeals Regulations” means the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 20228;
“adjudicator”, other than in regulation 36, means an adjudicator appointed, or treated as appointed, under regulation 16;
“the applicable date” means—
- a
in the case of a penalty charge notice served by virtue of regulation 10(2)(a), the last day of the period of 21 days beginning with the date on which the notice is served;
- b
in the case of any other notice, the last day of the period of 14 days beginning with the date on which the notice is served;
- a
“applicable discount”, in relation to a penalty charge, means the amount, set in accordance with Schedule 9 to the TMA 2004, by which the charge is reduced if it is paid early9;
“applicable surcharge”, in relation to a penalty charge, means the amount, set in accordance with Schedule 9 to the TMA 2004, by which the charge is increased if it is not paid before a charge certificate is issued10;
“approved device” has the meaning given in regulation 4;
“charge certificate” means a statement to the effect that a penalty charge is increased by the amount of the applicable surcharge;
“civil enforcement officer”, in relation to a relevant road traffic contravention, means a civil enforcement officer11 provided by the authority which is the enforcement authority12 in relation to that contravention;
“the commencement date” means the day on which these Regulations come into force;
“enforcement notice”, other than in regulation 35, means—
- a
a regulation 10 penalty charge notice, or
- b
a notice to owner;
- a
“immobilisation notice” has the meaning given in regulation 13(2);
“notice to owner”, other than in regulation 35, has the meaning given in regulation 20;
“notice of rejection” means a decision notice served by an enforcement authority under regulation 6(4)(b) of the Appeals Regulations which states that the enforcement authority does not accept the representations made under regulation 5 of those Regulations by the recipient of the enforcement notice to which those representations relate;
“OGL bus lane contravention” means a bus lane contravention within paragraph 6 of Schedule 7 to the TMA 2004 in a civil enforcement area outside Greater London;
“OGL moving traffic contravention” means a moving traffic contravention within paragraph 8 of Schedule 7 in a civil enforcement area outside Greater London;
“OGL parking contravention” means a parking contravention within paragraph 4 of Schedule 7 to the TMA 2004 (parking contraventions outside Greater London) in a civil enforcement area outside Greater London;
“owner”, in relation to a vehicle, includes a person who is to be treated as the owner of the vehicle by virtue of regulation 6;
“penalty charge”, other than in regulation 35, means a penalty charge relating to a relevant road traffic contravention and payable in accordance with regulation 6;
“penalty charge notice”, other than in regulation 35, means notice of a penalty charge;
“regulation 10 penalty charge notice” means a penalty charge notice served under regulation 10;
“relevant road traffic contravention” means—
- a
a parking contravention within paragraph 2 of Schedule 7 to the TMA 2004 (parking contraventions relating to parking places in Greater London) in Greater London,
- b
a parking contravention within paragraph 3 of that Schedule (other parking contraventions in Greater London) in a civil enforcement area in Greater London,
- c
an OGL bus lane contravention,
- d
an OGL moving traffic contravention, or
- e
an OGL parking contravention;
- a
“vehicle-hire firm” has the meaning given in section 66(8) of the Road Traffic Offenders Act 1988 (hired vehicles)13.