The Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013

Enforcement measures

10.—(1) Subject to paragraphs (6) to (12), it is the duty of each enforcement authority to exercise the powers available to that authority under these Regulations and any other enactments in such manner as may be necessary or expedient in the opinion of that authority to remedy or avoid any contravention of Regulation 181/2011.

(2) Without prejudice to paragraph (1) but subject to paragraphs (6) to (12), it is the duty of a traffic commissioner to exercise the powers set out in sections 16(3), 16(5)(a) and 17 of the 1981 Act(1) in such manner as may be necessary or expedient in the opinion of the commissioner to remedy or avoid any contravention of Regulation 181/2011 by the holder of a PSV operator’s licence in respect of whom that commissioner is the enforcement authority.

(3) Subject to paragraphs (6) to (12), if an enforcement authority is satisfied that a relevant person, in respect of whom—

(a) that authority is the enforcement authority; and

(b) a complaint has been referred to that authority,

has without reasonable excuse contravened a matter specified in paragraph (4), that authority may impose the enforcement measure specified in that paragraph in relation to that contravention.

(4) The contraventions and enforcement measures referred to in paragraph (3) are—

(a) in the case of a contravention by any relevant person of Regulation 181/2011, the enforcement measure is the issue of an appropriate improvement notice to that person;

(b) in the case of a contravention by any relevant person of any provision of these Regulations or an improvement notice issued to that person pursuant to sub-paragraph (a), the enforcement measure is either—

(i) subject to paragraph (9), the attachment of an appropriate condition to any PSV operator’s licence in respect of which that enforcement authority exercises functions under the 1981 Act; or

(ii) subject to paragraph (10), the imposition of a penalty on that person in accordance with paragraphs (11) and (12).

(5) For the purpose of paragraph (4), “appropriate” means, in respect of an improvement notice issued to a relevant person or a condition attached to a PSV operator’s licence, that the improvement notice or licence condition is designed to remedy or avoid a contravention of Regulation 181/2011 after the date on which the notice is issued or the condition is attached.

(6) No enforcement measure may be imposed before the expiry of a period of 28 days after the enforcement authority has given notice in writing to the relevant person—

(a) identifying in reasonable detail the alleged contravention to which the enforcement measure relates; and

(b) inviting that person to demonstrate to the reasonable satisfaction of the authority—

(i) that the alleged contravention has not occurred; or

(ii) the measures which that person has implemented or proposes to implement in order to remedy or avoid any recurrence of the contravention.

(7) An enforcement authority must give notice in writing to a relevant person of the imposition of an enforcement measure in relation to that person.

(8) It is the duty of an enforcement authority to exercise its functions in respect of any enforcement measure in such manner as may be necessary or expedient in the opinion of the authority to ensure that the measure is effective, proportionate and dissuasive.

(9) A traffic commissioner must not attach a condition pursuant to paragraph (4) or exercise any power pursuant to section 16 or 17 of the 1981 Act in relation to a PSV operator’s licence held by a relevant person who is a terminal managing body in relation to that person’s obligations as a terminal managing body under Regulation 181/2011.

(10) A penalty must not be imposed upon any relevant person who is also—

(a) a local transport authority; or

(b) a local authority.

(11) Subject to paragraph (8), the amount of any penalty shall be such amount as the enforcement authority thinks fit in all the circumstances of the case, not exceeding the amount determined in accordance with paragraph (12).

(12) The maximum amount referred to in paragraph (11) is—

(a) in the case of a relevant person who holds a PSV operator’s licence, £550 multiplied by the total number of public service vehicles which that person is licensed to use under all PSV operator’s licences held by that person; and

(b) in the case of any other relevant person, 10 per cent of the turnover (whether or not attributable to bus and coach operations) of that person during the most recent financial year of that person ended prior to the date of contravention for which accounts are available, provided that, if the period of that financial year does not equal 12 months, the turnover shall be the amount which bears the same proportion to the turnover during that financial year as 12 months does to that period.

(13) It is the duty of a relevant person to whom an improvement notice has been issued to comply with that notice.

(14) (a) A relevant person may appeal to the body specified in sub-paragraph (b) in respect of a decision by an enforcement authority to impose an enforcement measure.

(b) For the purpose of sub-paragraph (a), the body to whom an appeal may be made is—

(i) in the case of a decision by a traffic commissioner, the Upper Tribunal; or

(ii) in the case of a decision by a local weights and measures authority, a magistrates’ court (in England and Wales) or a sheriff court (in Scotland) which is local to that authority.

(15) A penalty is payable, in the case of penalties imposed by—

(a) a traffic commissioner, to the Secretary of State; and

(b) a local weights and measures authority, to that authority.

(16) An amount due under this regulation is recoverable as a civil debt.

(1)

Sections 16(3) and (5)(a) and 17 of the 1981 Act have been amended by the Road Transport Operators Regulations 2011 (S.I. 2011/2632), Schedule 1, paragraph 1 and 6; the Transport Act 1985, Schedule 2, Part II, paragraph 4(7)(b) and (c) and (8) and Schedule 7, paragraph 21(5) and (6); the Deregulation and Contracting Out Act 1994 (c.40), sections 59(6), 62(2) and (3) Schedule 14, paragraph 5(1) and (2) and Schedule 17; and the Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), Schedule 1.