Penalty charges
Penalty charges4.
(1)
A penalty charge is payable with respect to a vehicle involved in a contravention specified in Schedule 1—
(a)
by the owner of the vehicle; or
(b)
by such other person as may be prescribed.
(2)
Schedule 1 (which specifies the contraventions for which a penalty charge is payable) shall have effect.
(3)
The Department may by regulations amend Schedule 1 and regulations under this paragraph may in particular add any contravention of a statutory provision involving a vehicle, whether stationary or not.
(4)
The Department may by regulations specify—
(a)
the amounts of any specified penalty charges;
(b)
the contraventions in relation to which any specified penalty charge is payable; and
(c)
the percentages by which any penalty charges may be reduced or increased.
(5)
A penalty charge shall not be payable except on the basis of—
(a)
information given by a traffic attendant as to conduct observed by him; or
(b)
a record produced by a prescribed device.
(6)
A penalty charge shall not be payable (or if paid shall be refunded) where the conduct in respect of which it was imposed is the subject of—
(a)
criminal proceedings; or
(b)
a fixed penalty notice.
(7)
Criminal proceedings shall not be brought, and a fixed penalty notice shall not be issued, in respect of any prescribed description of conduct for which a penalty charge may be imposed.