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The Traffic Management (Northern Ireland) Order 2005

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This is the original version (as it was originally made).

Penalty charges

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4.—(1) A penalty charge is payable with respect to a vehicle involved in a contravention specified in Schedule 1—

(a)by the owner of the vehicle; or

(b)by such other person as may be prescribed.

(2) Schedule 1 (which specifies the contraventions for which a penalty charge is payable) shall have effect.

(3) The Department may by regulations amend Schedule 1 and regulations under this paragraph may in particular add any contravention of a statutory provision involving a vehicle, whether stationary or not.

(4) The Department may by regulations specify—

(a)the amounts of any specified penalty charges;

(b)the contraventions in relation to which any specified penalty charge is payable; and

(c)the percentages by which any penalty charges may be reduced or increased.

(5) A penalty charge shall not be payable except on the basis of—

(a)information given by a traffic attendant as to conduct observed by him; or

(b)a record produced by a prescribed device.

(6) A penalty charge shall not be payable (or if paid shall be refunded) where the conduct in respect of which it was imposed is the subject of—

(a)criminal proceedings; or

(b)a fixed penalty notice.

(7) Criminal proceedings shall not be brought, and a fixed penalty notice shall not be issued, in respect of any prescribed description of conduct for which a penalty charge may be imposed.

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