xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Part IIIE+W Road user charging and workplace parking levy

Chapter IE+W Road user charging

Charging schemesE+W

163 Preliminary.E+W

(1)In this Part “ch.arging scheme” means a scheme for imposing charges in respect of the use or keeping of motor vehicles on roads.

(2)Charges imposed in respect of any motor vehicle by a charging scheme under this Part shall be paid—

(a)by the registered keeper of the motor vehicle, or

(b)in circumstances specified in regulations made by the appropriate national authority, by such person as is so specified.

(3)A charging scheme may be made—

(a)by a non-metropolitan local traffic authority (“a local charging scheme”),

(b)jointly by more than one non-metropolitan local traffic authority (“a joint local charging scheme”),

[F1(bb)jointly by an Integrated Transport Authority [F2, combined authority or combined county authority] and one or more eligible local traffic authorities (“a joint local-ITA charging scheme”),]

(c)jointly by one or more non-metropolitan local traffic authorities and one or more London traffic authorities (“a joint local-London charging scheme”),

[F3(cc)jointly by an Integrated Transport Authority [F4, combined authority or combined county authority], one or more eligible local traffic authorities and one or more London traffic authorities (“a joint ITA-London charging scheme”), or]

(d)by the Secretary of State or the National Assembly for Wales (“a trunk road charging scheme”).

(4)In this Part references to a non-metropolitan local traffic authority are to a local traffic authority for an area outside Greater London.

[F5(4A)In this Part “eligible local traffic authority” means, in relation to any Integrated Transport Authority for an integrated transport area [F6, combined authority or combined county authority], a local traffic authority which is a council falling within subsection (4B) for—

(a)an area which lies within the Authority's area,

(b)an area which adjoins the Authority's area,

(c)an area which adjoins an area falling within paragraph (b).

(4B)The councils are—

(a)a county council in England,

(b)a council for a non-metropolitan district comprised in an area for which there is no county council,

(c)a metropolitan district council.]

(5)In this Part—

(a)“the charging authority”, in relation to a charging scheme under this Part made or proposed to be made by one authority, means the authority by which the charging scheme is or is proposed to be made, and

(b)“the charging authorities”, in relation to a charging scheme under this Part made or proposed to be made jointly by more than one authority, means the authorities by which the charging scheme is or is proposed to be made.

[F7(5A)In this Part “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.]

[F8(5B)In this Part “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.]

(6)The power to make joint local-London charging schemes [F9and joint ITA-London charging schemes] conferred by this Part does not limit any of the powers in Schedule 23 to the M1Greater London Authority Act 1999 (road user charging in Greater London).

Textual Amendments

F1S. 163(3)(bb) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 103(2)(a), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(j)

F3S. 163(3)(cc) substituted for word (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 103(2)(b), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(j)

F5S. 163(4A)(4B) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 103(3), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(j)

F9Words in s. 163(6) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 2; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)

Commencement Information

I1S. 163 partly in force; s. 163 not in force at Royal Assent see s. 275(1)(2); s. 163 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 163(2)(b) wholly in force and s. 163(1)(2)(a)(c)(d)(5)(6) in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 paras. 13, 14

Marginal Citations

164 Local charging schemes.E+W

(1)A local charging scheme may only be made in respect of roads for which the charging authority are the traffic authority.

(2)A local charging scheme [F10which has effect wholly outside an integrated transport area] [F11, the area of a combined authority or the area of a combined county authority] may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of [F12local transport policies of the charging authority].

[F13(3)A local charging scheme which has effect wholly within an integrated transport area [F14, the area of a combined authority or the area of a combined county authority] may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of local transport policies of—

(a)the charging authority, and

(b)the Integrated Transport Authority for the integrated transport area [F15or (as the case may be) the combined authority] [F16or combined county authority].

(4)For the purposes of this section and sections 165 and 166—

(a)a charging scheme has effect wholly outside an integrated transport area if none of the roads in respect of which it is made is in such an area;

(b)any reference to a charging scheme which has effect wholly, or partly, within an integrated transport area is to be read accordingly.]

Textual Amendments

F10Words in s. 164(2) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 104(2)(a), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(j)

F12Words in s. 164(2) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 104(2)(b), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(j)

F13S. 164(3)(4) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 104(3), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(j)

Modifications etc. (not altering text)

C2S. 164(3) excluded by S.I. 2011/41, art. 42A(2) (as inserted (14.9.2016) by The River Mersey (Mersey Gateway Bridge) (Amendment) Order 2016 (S.I. 2016/851), arts. 1, 3(3))

Commencement Information

I2S. 164 partly in force; s. 164 not in force at Royal Assent see s. 275(1)(2); s. 164 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 164 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 14

165 Joint local charging schemes.E+W

(1)A joint local charging scheme may only be made in respect of roads for which any of the charging authorities are the traffic authority.

(2)A joint local charging scheme [F17which has effect wholly outside an integrated transport area] [F18, the area of a combined authority or the area of a combined county authority] may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of [F19local transport policies of the charging authorities].

[F20(3)A joint local charging scheme which has effect wholly or partly within an integrated transport area [F21, the area of a combined authority or the area of a combined county authority] may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of local transport policies of—

(a)the charging authorities, and

(b)the Integrated Transport Authority for the integrated transport area [F22or (as the case may be) the combined authority [F23or combined county authority].]

(4)Section 164(4) has effect for the purposes of this section.]

Textual Amendments

F17Words in s. 165(2) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 105(2)(a), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(j)

F19Words in s. 165(2) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 105(2)(b), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(j)

F20S. 165(3)(4) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 105(3), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(j)

Modifications etc. (not altering text)

Commencement Information

I3S. 165 partly in force; s. 165 not in force at Royal Assent see s. 275(1)(2); s. 165 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 165 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 14

[F24165AJoint local-ITA charging schemesE+W

(1)A joint local-ITA charging scheme may only be made—

(a)in respect of roads for which any of the charging authorities are the traffic authority, and

(b)if at least one of the roads in respect of which it is made is within the integrated transport area of the Integrated Transport Authority [F25or (as the case may be) the area of the combined authority [F26or combined county authority].]

(2)A joint local-ITA charging scheme may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of local transport policies of the charging authorities.]

Textual Amendments

166 Joint local-London charging schemes.E+W

(1)A joint local-London charging scheme may only be made in respect of—

(a)roads for which the non-metropolitan local traffic authority, or any of the non-metropolitan local traffic authorities, by which it is made are the traffic authority, and

(b)roads in respect of which the London traffic authority, or any of the London traffic authorities, by which it is made may impose charges by a scheme under Schedule 23 to the M2Greater London Authority Act 1999 without the consent of the Secretary of State.

(2)A joint local-London charging scheme [F27which has effect wholly outside an integrated transport area] [F28, the area of a combined authority or the area of a combined county authority] may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of—

(a)[F29local transport policies] of the non-metropolitan local traffic authority, or F30... the non-metropolitan local traffic authorities, by which it is made, and

(b)policies and proposals set out in the transport strategy prepared and published by the Mayor of London under section 142 of the M3Greater London Authority Act 1999.

[F31(3)A joint local-London charging scheme which has effect partly within an integrated transport area [F32, the area of a combined authority or the area of a combined county authority] may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of—

(a)local transport policies of the non-metropolitan local traffic authority, or the non-metropolitan local traffic authorities, by which the scheme is made,

(b)local transport policies of the Integrated Transport Authority for the integrated transport area [F33or (as the case may be) the combined authority] [F34or combined county authority], and

(c)policies and proposals set out in the transport strategy prepared and published by the Mayor of London under section 142 of the Greater London Authority Act 1999.

(4)Section 164(4) has effect for the purposes of this section.]

Textual Amendments

F27Words in s. 166(2) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 107(2)(a), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(j)

F29Words in s. 166(2) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 107(2)(b), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(j)

F30Words in s. 166(2) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 107(2)(c), 134(4), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(j)

F31S. 166(3)(4) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 107(3), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(j)

Modifications etc. (not altering text)

Commencement Information

I4S. 166 partly in force; s. 166 not in force at Royal Assent see s. 275(1)(2); s. 166 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)

Marginal Citations

[F35166AJoint ITA-London charging schemesE+W

(1)A joint ITA-London charging scheme may only be made—

(a)in respect of roads falling within subsection (2), and

(b)if at least one of the roads in respect of which it is made is within the integrated transport area of the Integrated Transport Authority [F36 or (as the case may be) the area of the combined authority [F37or combined county authority].]

(2)The roads are—

(a)roads for which the eligible local traffic authority, or any of the eligible local traffic authorities, by which the scheme is made are the traffic authority, and

(b)roads in respect of which the London traffic authority, or any of the London traffic authorities, by which the scheme is made may impose charges by a scheme under Schedule 23 to the Greater London Authority Act 1999 without the consent of the Secretary of State.

(3)A joint ITA-London charging scheme may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of—

(a)local transport policies of the eligible local traffic authority, or the eligible local traffic authorities, by which the scheme is made,

(b)local transport policies of the Integrated Transport Authority [F38, combined authority or combined county authority] by which the scheme is made, and

(c)policies and proposals set out in the transport strategy prepared and published by the Mayor of London under section 142 of the Greater London Authority Act 1999.]

Textual Amendments

167 Trunk road charging schemes.E+W

(1)A trunk road charging scheme may only be made—

(a)by the Secretary of State in respect of roads for which he [F39or a strategic highways company] is the traffic authority, or

(b)by the National Assembly for Wales in respect of roads for which it is the traffic authority.

(2)A trunk road charging scheme [F40under subsection (1)(a)] may only be made in respect of a road if—

(a)the road is carried by a bridge, or passes through a tunnel, of at least 600 metres in length, or

(b)a local traffic authority [F41, an Integrated Transport Authority][F42, a combined authority] [F43, a combined county authority] or Transport for London has requested the charging authority to make the trunk road charging scheme in connection with a charging scheme under this Part, or a scheme under Schedule 23 to the M4Greater London Authority Act 1999, made or proposed by them.

[F44(3)A trunk road charging scheme under subsection (1)(b) may only be made in respect of a road if—

(a)the road is carried by a bridge, or passes through a tunnel, of at least 600 metres in length,

(b)the scheme is made for the purpose of reducing or limiting air pollution in the vicinity of the road (which may comprise or include a length of road of the kind described in paragraph (a)), or

(c)a local traffic authority have requested the charging authority to make the scheme in connection with a charging scheme under this Part made or proposed by them.

(4)Subsection (3)(b) does not prevent a scheme made by virtue of subsection (3)(c) from being made for the purpose of reducing or limiting air pollution.]

Textual Amendments

F41Words in s. 167(2)(b) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 3; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)

Commencement Information

I5S. 167 partly in force; s. 167 not in force at Royal Assent see s. 275(1)(2); s. 167 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 167 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 14

Marginal Citations