Regulation (EU) 2018/956 of the European Parliament and of the Council of 28 June 2018 on the monitoring and reporting of CO2 emissions from and fuel consumption of new heavy-duty vehicles (Text with EEA relevance)

Changes over time for: Article 9

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Article 9U.K.Administrative fines

1.The [F1Secretary of State] may impose an administrative fine in each of the following cases:

(a)where [F2the Secretary of State] finds that the data reported by the manufacturer pursuant to Article 5 of this Regulation deviate from the data resulting from the manufacturer’s records file or the engine type-approval certificate issued within the framework of Regulation (EC) No 595/2009, [F3as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,] and the deviation is intentional or due to serious negligence;

(b)where the data are not submitted within the deadline applicable pursuant to Article 5(1) and the delay cannot be duly justified.

The [F4Secretary of State] shall, for the purposes of verifying the data referred to in point (a), consult with the relevant approval authorities.

The administrative fines F5... shall not exceed [F6£26,000] per heavy-duty vehicle concerned by deviating or delayed data as referred to in points (a) and (b).

[F72.Regulations may make provision in relation to administrative fines.

Regulations made under this paragraph may, in particular:

(a)make provision about the amount of an administrative fine;

(b)provide for the payment of an administrative fine into the consolidated fund;

(c)set out the procedure to be followed in imposing an administrative fine;

(d)set out the procedure for the collection and enforcement of an administrative fine;

(e)provide for a right of appeal against the imposition of a penalty.]

3.[F8The Secretary of State, in making regulations under paragraph 2, must have regard to the following principles]:

(a)F9... the right to good administration, and in particular the right to be heard and the right to have access to the file, while respecting the legitimate interests of confidentiality and of commercial secrets;

(b)in calculating the appropriate administrative fine, the [F10Secretary of State] shall F11... [F12take] into consideration, where relevant, the seriousness and effects of the deviation or delay, the number of heavy-duty vehicles concerned by the deviating or delayed data, the good faith of the manufacturer, the degree of diligence and cooperation of the manufacturer, the repetition, frequency or duration of the deviation or the delay as well as prior sanctions imposed on the same manufacturer;

(c)administrative fines shall be collected without undue delay by fixing deadlines for the payment and, as appropriate, including the possibility of splitting payments into several instalments and phases.

F134.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in Art. 9(1) substituted (31.12.2020) by The Heavy Duty Vehicles (Emissions and Fuel Consumption) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/846), regs. 2, 13(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2Words in Art. 9(1)(a) substituted (31.12.2020) by The Heavy Duty Vehicles (Emissions and Fuel Consumption) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/846), regs. 2, 13(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F3Words in Art. 9(1)(a) inserted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 15(5)

F4Words in Art. 9(1) substituted (31.12.2020) by The Heavy Duty Vehicles (Emissions and Fuel Consumption) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/846), regs. 2, 13(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F5Words in Art. 9(1) omitted (31.12.2020) by virtue of The Heavy Duty Vehicles (Emissions and Fuel Consumption) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/846), regs. 2, 13(2)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F6Sum in Art. 9(1) substituted (31.12.2020) by The Heavy Duty Vehicles (Emissions and Fuel Consumption) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/846), regs. 2, 13(2)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F7Art. 9(2) substituted (31.12.2020) by The Heavy Duty Vehicles (Emissions and Fuel Consumption) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/846), regs. 2, 13(3); 2020 c. 1, Sch. 5 para. 1(1)

F8Words in Art. 9(3) substituted (31.12.2020) by The Heavy Duty Vehicles (Emissions and Fuel Consumption) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/846), regs. 2, 13(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F9Words in Art. 9(3)(a) omitted (31.12.2020) by virtue of The Heavy Duty Vehicles (Emissions and Fuel Consumption) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/846), regs. 2, 13(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F10Words in Art. 9(3)(b) substituted (31.12.2020) by The Heavy Duty Vehicles (Emissions and Fuel Consumption) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/846), regs. 2, 13(4)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)