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

Transitional provisions and savings in connection with the revocation of the 2007 General Regulations: existing contraventions, existing offences and related matters E+W

34.—(1) The 2007 General Regulations continue to have effect in relation to—

(a) an existing contravention,

(b) an existing offence,

(c) a vehicle—

(i) to which an immobilisation device was fixed in accordance with regulation 12 of the 2007 General Regulations before the commencement date, but

(ii) which had not been released from that device immediately before the commencement date,

as they had effect immediately before the commencement date.

(2) Regulation 11 of the 2007 General Regulations continues to apply on and after the commencement date in relation to a penalty charge notice fixed to a vehicle under regulation 9 or 9A of the 2007 General Regulations before that date.

(3) Regulations 12 and 13 of the 2007 General Regulations continue to apply on and after the commencement date in relation to a relevant vehicle while that vehicle remains in the place where it was found by a civil enforcement officer.

(4) For the purposes of paragraph (3), a relevant vehicle is a vehicle to which a penalty charge notice—

(a) was fixed under regulation 9 or 9A of the 2007 General Regulations before the commencement date, and

(b) which had not been removed or cancelled in accordance with those Regulations immediately before that date.

(5) In this regulation—

“existing contravention” means a parking contravention which was committed in a civil enforcement area before the commencement date;

“existing offence” means an offence under any of the following provisions of the 2007 General Regulations which was committed before the commencement date—

(a)

regulation [F1 11(2)];

(b)

regulation 12(4);

(c)

regulation 12(5);

(d)

regulation 13(2);

(e)

regulation 13(3).

Textual Amendments

F1 Word in reg. 34 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(4)

Commencement Information

I1 Reg. 34 in force at 31.5.2022, see reg. 1(2)