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Part IIBus lanes

4Penalty charge notices under Part II

(1)Where a council, on the basis of information provided by the use of a prescribed device, has reason to believe that a penalty charge is payable under this Part of this Act with respect to a vehicle, they may serve a penalty charge notice on the person appearing to them to be the owner of the vehicle.

(2)For the purposes of this Part of this Act, a penalty charge is payable to a borough council with respect to a vehicle if the person in charge of the vehicle acts in contravention of or fails to comply with an order under section 6 or 9 or regulations under section 12 of the Road Traffic Regulation Act 1984 in so far as provision is made thereby for the reservation of all or part of a carriageway of a road as a bus lane.

(3)A penalty charge notice under this Part of this Act must state—

(a)the grounds on which the council believe that the penalty charge is payable with respect to the vehicle;

(b)the amount of the penalty charge which is payable;

(c)that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;

(d)that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;

(e)that, if the penalty charge is not paid before the end of the 28 day period, an enforcement notice may be served by the council on the person appearing to them to be the owner of the vehicle;

(f)the address to which payment of the penalty charge must be sent; and

(g)the effect of paragraph 2 of Schedule 1 to this Act.

(4)In subsection (3)(d) above, “specified proportion” means such proportion, applicable in all cases, as may be determined for the purposes of this section by the borough councils acting through the Joint Committee.