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This is the original version (as it was originally made).

Issue of penalty charge notice on basis of record produced by prescribed device

This section has no associated Explanatory Memorandum

7.—(1) Where the Department has reason to believe on the basis of a record produced by a prescribed device that a penalty charge is payable with respect to a vehicle, it may serve a penalty charge notice on the person who appears to it to have been the owner of the vehicle when the alleged contravention occurred.

(2) The Department shall not serve a penalty charge notice under this Article after the end of the period of 28 days from the date on which the alleged contravention occurred.

(3) A penalty charge notice under this Article must state—

(a)the grounds on which the Department believes that a penalty charge is payable with respect to the vehicle;

(b)the amount of the penalty charge which is payable;

(c)that the penalty charge must be paid within 28 days;

(d)that if the penalty charge is paid within 14 days, the amount of the penalty charge will be reduced by a specified percentage;

(e)that failure to pay the penalty charge may lead to the penalty charge being increased;

(f)the amount of that increased charge;

(g)that there is a right to make representations under Article 9 and a right of appeal under Article 13;

(h)how payment of the penalty charge may be made; and

(i)such additional matters as the Department may determine.

(4) In paragraph (3)—

“specified” means specified in regulations under Article 4(4);

“within 14 days” and “within 28 days” mean before the end of the period of 14 days or, as the case may be, 28 days from the date of the penalty charge notice under this Article.

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