The Carriers’ Liability (Amendment) Regulations 2023

Amendments relating to procedural matters

17.—(1) In regulation 4 (period within which a penalty must be paid)—

(a) in the heading, after “entrants” insert “and failure to secure a goods vehicle”;

(b) in paragraph (1)—

(i) for “section” substitute “sections 31A(8),”;

(ii) for “under section 32” substitute “under section 31A or 32”.

(2) In regulation 5 (prescribed control zone)—

(a) in the heading, after “entrants” insert “and failure to secure a goods vehicle”;

(b) in paragraph (1), for “section” substitute “sections 31A(16) and”.

(3) In regulation 6 (period within which a notice of objection must be given), in the heading, after “entrants” insert “, failure to secure a goods vehicle”.

(4) In regulation 7 (period within which the Secretary of State must inform an objector of a decision), in the heading, after “entrants” insert “, failure to secure a goods vehicle”.

(5) In regulation 8 (issue of a penalty notice in relation to detached trailers)—

(a) in the heading, after “entrants” insert “and failure to secure a goods vehicle”;

(b) for “the responsible person or persons concerned” substitute—

“—

(a) in relation to a penalty under section 31A of the Act, the person or persons responsible for the goods vehicle concerned; or

(b) in relation to a penalty under section 32 of the Act, the responsible person or persons concerned.”.

(6) In regulation 14 (presumptions about service of documents)—

(a) in paragraph (2)—

(i) in the words before sub-paragraph (a), after “section 35(10) of the Act,” insert “or for the purposes of section 36A of the Act,”;

(ii) after sub-paragraph (b), insert—

“(c) where it is issued or served by electronic mail, to the last known business electronic mail address of the person concerned, on the day on which it was sent.”.