There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022. Any changes that have already been made by the team appear in the content and are referenced with annotations.
8.—(1) No criminal proceedings may be instituted, and no fixed penalty notice(1) may be issued, in respect of conduct constituting a parking contravention, except a pedestrian crossing contravention.
(2) No penalty charge is payable in relation to a pedestrian crossing contravention, an OGL bus lane contravention or an OGL moving traffic contravention where—
(a)the conduct constituting the contravention is the subject of criminal proceedings, or
(b)a fixed penalty notice is given in respect of that conduct.
(3) Where, despite paragraph (2)—
(a)a penalty charge is paid in respect of a contravention, and
(b)the circumstances are as mentioned in paragraph (2)(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.
(4) In this regulation “pedestrian crossing contravention” means a parking contravention consisting of an offence referred to in paragraph 3(2)(c) or paragraph 4(2)(ba) of Schedule 7 to the TMA 2004 (prohibition on stopping of vehicles on or near pedestrian crossings).
See the definition of “fixed penalty notice” in section 92 of the TMA 2004.
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