- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
Regulation 4
1. The device must include a camera which is—
(a)securely mounted on a vehicle, a building, a post or other structure,
(b)mounted in such a position that vehicles in relation to which relevant road traffic contraventions are being committed can be surveyed by it,
(c)connected by secure data links to a recording system, and
(d)capable of producing in one or more pictures, a legible image or images of the vehicle in relation to which a relevant road traffic contravention was committed which show its registration mark and enough of its location to show the circumstances of the contravention.
2. The device must include a recording system in which—
(a)recordings are made automatically of the output from the camera or cameras surveying the vehicle and the place where a contravention is occurring,
(b)there is used a secure and reliable recording method that records at a minimum rate of 5 frames per second,
(c)each frame of all captured images is timed (in hours, minutes and seconds), dated and sequentially numbered automatically by means of a visual counter, and
(d)where the device does not occupy a fixed location, it records the location from which it is being operated.
3. The device and visual counter must—
(a)be synchronised with a suitably independent national standard clock; and
(b)be accurate within plus or minus 10 seconds over a 14-day period and re-synchronised to the suitably independent national standard clock at least once during that period.
4. Where the device includes a facility to print a still image, that image when printed must be endorsed with the time and date when the frame was captured and its unique number.
5. Where the device can record spoken words or other audio data simultaneously with visual images, the device must include a means of verifying that, in any recording produced by it, the sound track is correctly synchronised with the visual image.
Regulations 9 and 10
1. In this Schedule “the regulatory matters”, in relation to an alleged relevant road traffic contravention, means—
(a)the name of the enforcement authority,
(b)the registration mark of the vehicle involved in the alleged contravention,
(c)the date on and the time at which the alleged contravention occurred,
(d)the amount of the penalty charge, and
(e)the manner in which the penalty charge must be paid.
2. The information to be included in a penalty charge notice served under regulation 9 is—
(a)the date on which the notice is served,
(b)the regulatory matters,
(c)the grounds on which the civil enforcement officer issuing the notice believes that a penalty charge is payable,
(d)that the penalty charge must be paid within the period of 28 days beginning with the date on which the alleged contravention occurred,
(e)that if the penalty charge is paid no later than the applicable date, the penalty charge will be reduced by the amount of any applicable discount, and
(f)that if the penalty charge is not paid within the period of 28 days referred to in sub-paragraph (d), a notice to owner may be served by the enforcement authority on the owner of the vehicle.
3.—(1) The information to be included in a regulation 10 penalty charge notice is—
(a)the date of the notice, which must be the date on which it is posted,
(b)the regulatory matters,
(c)the grounds on which the enforcement authority believes that a penalty charge is payable;
(d)that the penalty charge must be paid within the period of 28 days beginning with the date on which the penalty charge notice is served,
(e)that if the penalty charge is paid no later than the applicable date, the penalty charge will be reduced by the amount of any applicable discount,
(f)that if after the last day of the period referred to in sub-paragraph (d)—
(i)no representations have been made in accordance with regulation 5 of the 2022 Appeals Regulations, and
(ii)the penalty charge has not been paid,
the enforcement authority may increase the penalty charge by the amount of any applicable surcharge and take steps to enforce payment of the charge as so increased,
(g)the amount of the increased penalty charge, and
(h)that the penalty charge notice is being served by post for whichever of the following reasons applies—
(i)on the basis of a record produced by an approved device;
(ii)because a civil enforcement officer attempted to serve a penalty charge notice by affixing it to the vehicle or giving it to the person in charge of the vehicle but was prevented from doing so by some person;
(iii)because a civil enforcement officer had begun to prepare a penalty charge notice for service in accordance with regulation 9 but the vehicle was driven away from the place in which it was stationary before the civil enforcement officer had finished preparing the penalty charge notice or had served it in accordance with regulation 9.
Regulation 26
1.—(1) Penalty charges for relevant road traffic contraventions(1) must be set—
(a)for higher level contraventions, at the level specified in column (2) of one of the bands in Table 1, and
(b)for all other contraventions, at the level specified in column (3) of the band selected for higher level contraventions.
(2) The discounted level for a penalty charge which is paid early must be set—
(a)for higher level contraventions, at the level specified in column (4) of the band specifying the levels of the penalty charges;
(b)for all other contraventions, at the level specified in column (5) of the band specifying the levels of the penalty charges.
(3) For the purposes of sub-paragraph (2), a penalty charge is paid early if it is paid by the applicable date.
(4) The surcharged level for payment of a penalty charge after a charge certificate has been issued must be set—
(a)for higher level contraventions, at the level specified in column (6) of the band specifying the levels of the penalty charges;
(b)for all other contraventions, at the level specified in column (7) of the band specifying the levels of the penalty charges.
(5) An enforcement authority may set penalty charges in accordance with different bands in the table in different parts of its area, provided that all the charges set in any part are set in accordance with the same band.
(1) Band | (2) Higher level penalty charge | (3) Lower level penalty charge | (4) Higher level penalty charge paid early | (5) Lower level penalty charge paid early | (6) Higher level penalty charge paid after service of charge certificate | (7) Lower level penalty charge paid after service of charge certificate |
---|---|---|---|---|---|---|
1. | £60 | £40 | £30 | £20 | £90 | £60 |
2. | £70 | £50 | £35 | £25 | £105 | £75 |
2.—(1) For the purposes of this Part of this Schedule “higher level contraventions” are those road traffic contraventions listed in sub-paragraph (2).
(2) The contraventions are—
(a)an OGL parking contravention involving the commission of an offence of the kind referred to in paragraph 4(2)(b) of Schedule 7 to the TMA 2004 (contravention of waiting, loading or unloading restrictions or prohibitions);
(b)an OGL parking contravention involving the leaving of a vehicle in an on-street parking place otherwise than as authorised by or under any order relating to the parking place in any of the following cases—
(i)without displaying a permit, voucher or pay and display ticket;
(ii)in a place where parking has been suspended;
(iii)where the vehicle is used in connection with the sale of goods or the offering or exposure of goods for sale;
(iv)where the vehicle does not fall within the class of vehicle permitted to park there;
(c)a contravention of the prohibition imposed by section 85 of the TMA 2004 (double parking etc.);
(d)a contravention of the prohibition imposed by section 86 of the TMA 2004 (dropped footways);
(e)an OGL parking contravention consisting of an offence referred to in paragraph 4(2)(ba) of Schedule 7 to the TMA 2004 (pedestrian crossing contraventions);
(f)a OGL parking contravention involving an offence of the kind referred to in paragraph 4(2)(d) of Schedule 7 to the TMA 2004 (offence in connection with parking places) relating to an off-street parking place and consisting of any of the following where prohibited by an order relating to the parking place—
(i)using a vehicle in connection with the sale of goods or the offering or exposure of goods for sale;
(ii)parking in a restricted area;
(iii)parking in a permit bay without displaying a permit;
(iv)parking in a disabled person’s parking place without correctly displaying a valid disabled person’s badge;
(v)parking a vehicle in a place where the vehicle does not fall within the class of vehicle permitted to park in that place;
(g)an OGL parking contravention consisting of an offence of the kind referred to in paragraph 4(2)(e) of Schedule 7 to the TMA 2004 (parking in loading areas);
(h)an OGL parking contravention consisting of an offence of the kind referred to in paragraph 4(2)(g) of Schedule 7 to the TMA 2004 (parking of HGVs on verges, central reservations or footways);
(i)an OGL parking contravention consisting of the commission of an offence of the kind referred to in paragraph 4(2)(h) of Schedule 7 to the TMA 2004 (offences relating to cycle tracks);
(j)an OGL parking contravention consisting of an offence of the kind referred to in paragraph 4(2)(ha) of Schedule 7 to the TMA 2004 (bus stop or bus stand markings);
(k)an OGL bus lane contravention;
(l)an OGL moving traffic contravention.
3. Charges, made under section 102 of the RTRA 1984(2), for the removal, storage and disposal of vehicles found in an area that is a civil enforcement area for relevant parking contraventions must be those in Table 2.
(1) Item | (2) Type of charge | (3) Amount of charge |
---|---|---|
1. | Vehicle removal charge | £105 |
2. | Vehicle storage charge | £12 for each day, or part of day, during which the vehicle is impounded |
3. | Vehicle disposal charge | £50 |
4. The charge payable under regulation 15(1)(b) for the release of a vehicle from an immobilisation device must be £40.
5. Nothing in these guidelines prejudices or affects the power of the Secretary of State, under paragraph 8(3) of Schedule 9 to the TMA 2004, to permit an enforcement authority to depart from these guidelines.
Regulation 42
1.—(1) Regulation 5C of the Removal and Disposal of Vehicles Regulations 1986(3) (power of civil enforcement officers to remove vehicles in a civil enforcement area for parking contraventions in England) is amended as follows.
(2) In paragraph (1), in sub-paragraph (b), for “regulation 9A of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007”, substitute “regulation 9 of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022”.
(3) In paragraph (4)—
(a)in the definition of “outstanding”, for “Civil Enforcement of Parking Contraventions (England) General Regulations 2007 (see regulation 2(2), (3) and (4) of those Regulations)” substitute “regulation 15(6) of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022”;
(b)in the definition of “penalty charge”, for “Civil Enforcement of Parking Contraventions (England) General Regulations 2007” substitute “Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022”; and
(c)in the definition of “penalty charge notice”, for “Civil Enforcement of Parking Contraventions (England) General Regulations 2007 (see regulation 8(1) of those Regulations)”, substitute “Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 (see regulation 2 of those Regulations)”.
2. In article 8A of the High Court and County Courts Jurisdiction Order 1991(4) (enforcement of traffic penalties), in paragraph (1)(a)(iv), for “Civil Enforcement of Parking Contraventions (England) General Regulations 2007”, substitute “Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022”.
3.—(1) The Traffic Management Act 2004 (Commencement No. 5 and Transitional Provisions) (England) Order 2007(5) is amended as follows.
(2) In article 5 (transitional modifications of the London Local Authorities Act 1996)—
(a)in paragraph (2) (modification of section 3(1)), for paragraph (b) substitute—
“(b)for the definition of “Joint Committee” there is substituted—
““Joint Committee” means the joint committee appointed pursuant to section 102(1)(b) of the Local Government Act 1972 to discharge the functions described in regulation 18 of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022;”;”;
(b)in paragraph (3)(a) (modification of section 6(1)) for “regulation 17 of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007” substitute “regulation 16 of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022” (“the RTC Regulations”);
(c)in paragraph (3)(c), in the substituted section 6(3)—
(i)for the words from “Regulations 12(6)” to “committee),” substitute “Regulation 16(6) and (7) (reports by adjudicators and to the Secretary of State) of the RTC Regulations and”;
(ii)in paragraph (a), for “those Regulations” substitute “the RTC Regulations”;
(iii)for paragraph (b) substitute—
“(b)to the persons who exercise the functions of the enforcing authority for the purposes of Schedule 1 to this Act as they apply to the relevant enforcement authorities which are London authorities,”;
(d)in paragraph (3), after sub-paragraph (c), insert—
“(d)after subsection (3) there is inserted—
“(3A) For the purposes of subsection (3)—
(a)“the relevant enforcement authorities” has the same meaning as in section 81 of the Traffic Management Act 2004;
(b)“London authority” has the same meaning as in Part 6 of that Act (see section 92 of that Act).”;”;
(e)in paragraph (4), in the substituted section 8, for “regulation 24 of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007” substitute “regulation 24 of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022”.
(3) In article 7 (transitional modifications of the London Local Authorities Act 2000)—
(a)in paragraph (2)(b) (modification of section 3(1): definition of “the General Parking Regulations”), for “Civil Enforcement of Parking Contraventions (England) General Regulations 2007” substitute “Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022”;
(b)in paragraph (3) (modification of section 9)—
(i)in sub-paragraph (a), for “12(1)” substitute “13(1)”;
(ii)in sub-paragraph (b), for “14(2)(a) or (b)” substitute “15(1)(a) or (b)”.
(4) In article 8 (transitional modifications of the London Local Authorities and Transport for London Act 2003)—
(a)in paragraph (2) (modification of section 4)—
(i)in sub-paragraph (a) (modification of subsection (6)(b)), for “regulation 4(b) of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007” substitute “regulation 6 of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 (“the RTC Regulations”) by reason of being a parking contravention within paragraph 3 of Schedule 7 to the Traffic Management Act 2004 in a civil enforcement area in Greater London,”;
(ii)for sub-paragraph (d) substitute—
“(d)in subsection (16), for the definition of “Joint Committee” there is substituted—
““Joint Committee” means the joint committee appointed pursuant to section 102(1)(b) of the Local Government Act 1972 to discharge the functions described in regulation 18 of the RTC Regulations;”.”;
(b)in paragraph (4)(b), in paragraph (i) (modification of paragraph 10(1) of Schedule 1), for “regulation 17 of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 (S.I. 2007/3483)” substitute “regulation 16 of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 (“the RTC Regulations”)”;
(c)in paragraph (4)(b), in paragraph (ii) (modification of paragraph 10(2) and (3) of Schedule 1), in the substituted sub-paragraph (3)—
(i)for the words from “Regulations 12(6)” to “committee),” substitute “Regulation 16(6) and (7) of the RTC Regulations and;”;
(ii)in paragraph (a) for “those Regulations” substitute “the RTC Regulations”;
(iii)for paragraph (b) substitute—
“(b)to the persons who exercise the functions of the enforcing authority as they apply to the relevant enforcement authorities which are London authorities,”;
(d)after paragraph (4)(b) insert—
“(c)after sub-paragraph (3) there is inserted—
“(3A) For the purposes of sub-paragraph (3)—
(a)“the relevant enforcement authorities” has the same meaning as in section 81 of the Traffic Management Act 2004;
(b)“London authority” has the same meaning as in Part 6 of that Act (see section 92 of that Act).”.”.
4. In Part 1 of Schedule 1 to the Judicial Appointments Order 2008(6) (officers for a fellow of the Institute of Legal Executives holds a relevant qualification) for “Adjudicators appointed under regulation 17 of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007”, substitute “Adjudicators appointed under regulation 16 of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022”.
5.—(1) The Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013(7) are amended as follows.
(2) In regulation 2(1) (interpretation), in the definition of “joint committee”, for “regulation 16 of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007”, substitute “regulation 19 of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022”.
(3) In regulation 12(2) (appointment etc. of adjudicators), after “2007 Regulations”, insert “, or under regulation 16 of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022,”.
6.—(1) Article 6 of the West Midlands Combined Authority (Functions and Amendment) Order 2017(8) (bus lane contraventions) is amended as follows.
(2) For paragraph (3) substitute—
“(3) For the purposes of this article, the Combined Authority is to be treated as an enforcement authority for the Enforcement Area in relation to bus lane contraventions, and references in the General Provisions Regulations to an enforcement authority or a civil enforcement area are to be construed accordingly.”.
(3) In paragraph (4), for sub-paragraph (a) substitute—
“(a)“the General Provisions Regulations” means the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022;
(aa)“bus lane contravention” has the meaning given in the Transport Management Act 2004 (see section 93 of and Schedule 7 to that Act);”.
7.—(1) Regulation 18 of the Littering From Vehicles Outside London (Keepers: Civil penalties) Regulations 2018(9) (adjudicators) is amended as follows.
(2) In paragraph (1), for “regulation 17 of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007” substitute “regulation 16 of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022”.
(3) In paragraph (3), for “regulation 16(1) of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007” substitute “regulation 19(1) of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022”.
8.—(1) Article 24 of the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021(10) (bus lane contraventions) is amended as follows.
(2) For paragraph (3) substitute—
“(3) For the purposes of this article, the Combined Authority is to be treated as an enforcement authority for the Enforcement Area in relation to bus lane contraventions, and references in the General Provisions Regulations to an enforcement authority or a civil enforcement area are to be construed accordingly.”.
(3) In paragraph (4), for sub-paragraph (a) substitute—
“(a)“the General Provisions Regulations” means the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022;
(aa)“bus lane contravention” has the meaning given in the Transport Management Act 2004 (see section 92 of and Schedule 7 to that Act);”.
Regulation 43
1.—(1) Schedule 3 to the London Local Authorities and Transport for London Act 2003(11) (scheduled traffic signs for the purposes of section 4 of that Act) is amended in accordance with this paragraph.
(2) In paragraph 1, after “table” insert “in paragraph 4”.
(3) In paragraph 2, after “table” insert “in paragraph 4 below”.
(4) In paragraph 4—
(a)the existing text becomes sub-paragraph (1);
(b)in that sub-paragraph, after “table” insert “in this paragraph”;
(c)after that sub-paragraph insert—
“(2) The marking with diagram number 1027.1 is a scheduled traffic sign for the purposes of section 4 (penalty charges for road traffic contraventions) of this Act only if it is placed in conjunction with an upright sign (within the meaning given in the 2016 Regulations) which includes the symbol at item 10 in Part 3 of Schedule 4 to the 2016 Regulations.”.
(5) In the table—
(a)after the entry for “One way traffic” insert—
“Buses prohibited | 952 (Schedule 3, Part 2, item 17)”; |
(b)after the entry for “Route for use by buses, pedal cycles and taxis only” insert—
“Route for use by pedal cycles only | 955 (Schedule 3, Part 2, item 28) |
Route for use by pedal cycles and pedestrians only | 956 (Schedule 3, Part 2, item 29) |
Route comprising two ways, for use by pedal cycles only and by pedestrians only | 957 (Schedule 3, Part 2, item 32) |
With-flow cycle lane | 959.1 (Schedule 9, Part 4, item 9) |
Contra-flow cycle lane | 960.1 (Schedule 9, Part 4, item 6)”. |
(6) After paragraph 4 insert—
“5. Column 1 of the table in paragraph 7 below sets out the description of the sign, which corresponds with the description as set out in the Traffic Signs Regulations and General Directions 2002(12) (“the 2002 Regulations”) of the requirement, restriction or prohibition conveyed by the relevant traffic sign.
6. Column 2 of the table in paragraph 7 below sets out the corresponding number given to the diagram illustrating the relevant traffic sign in the 2002 Regulations.
7. The signs include permitted variants of the signs as described in the 2002 Regulations.
(1) Description | (2) Diagram number (with location in the Traffic Signs Regulations and General Directions 2002) |
---|---|
Entry to pedestrian zone restricted | 618.2 (Schedule 2) |
Entry to and waiting in pedestrian zone restricted | 618.3 (Schedule 2) |
Entry to and waiting in pedestrian zone restricted (variable message sign) | 618.3A (Schedule 2)”. |
2.—(1) Part 4 of Schedule 7 to the TMA 2004 (moving traffic contraventions) is amended as follows.
(2) In paragraph 8(1)(a) (definition), for “paragraph” substitute “paragraphs 8A and”.
(3) In paragraph 8A (traffic signs subject to civil enforcement in England)(13)—
(a)in sub-paragraph (2), after “(SI 2016/362)” insert “(“the 2016 Regulations”)”;
(b)after sub-paragraph (2) insert—
“(2A) The marking with diagram number 1027.1 is subject to civil enforcement in England only if it is placed in conjunction with an upright sign (within the meaning given in the 2016 Regulations) which includes the symbol at item 10 in Part 3 of Schedule 4 to the 2016 Regulations.”.
(c)in Table A in sub-paragraph (5), after the entry for “Contra-flow cycle lane” insert—
“Part of the carriageway outside an entrance where vehicles should, or must not, stop | 1027.1 (Schedule 7, Part 4, item 10)”. |
“Road traffic contravention” is defined in Schedule 7 to the TMA 2004.
1984 c. 27. There are amendments to section 102 not relevant to these Regulations.
S.I. 1986/183. Regulation 5C was inserted by S.I. 2007/3483 and amended in relation to England by S.I. 2021/461.
S.I. 1991/724. Article 8A was inserted by S.I. 1993/1407, and paragraph (1)(a)(iii) to (v) was inserted by S.I. 2009/577. There are other amendments to Article 8A but none is relevant.
S.I. 2007/2053, as amended by S.I. 2008/757.
S.I. 2008/2995. There are amendments to Schedule 1 not relevant to these Regulations.
S.I. 2013/1783. There are amendments to the 2013 Regulations not relevant to these Regulations.
2003 c. iii. Schedule 3 was amended by S.I. 2018/488.
S.I. 2002/3113, revoked with savings by S.I. 2018/488.
Paragraph 8A was inserted by S.I. 2018/488.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: