Part III Road user charging and workplace parking levy
Chapter I Road user charging
Charging schemes
I1163 Preliminary.
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”),
F1bb
jointly by an Integrated Transport Authority F66, 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”),
F2cc
jointly by an Integrated Transport Authority F67, 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.
F34A
In this Part “eligible local traffic authority” means, in relation to any Integrated Transport Authority for an integrated transport area F69, 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.
F505A
In this Part “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.
F685B
6
I2C1C7164 Local charging schemes.
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 F4which has effect wholly outside an integrated transport areaF70, 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 F5local transport policies of the charging authority.
F63
A local charging scheme which has effect wholly within an integrated transport area F71, 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
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.
I3C2165 Joint local charging schemes.
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 F7which has effect wholly outside an integrated transport areaF73, 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 F8local transport policies of the charging authorities.
F93
A joint local charging scheme which has effect wholly or partly within an integrated transport area F74, 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
4
Section 164(4) has effect for the purposes of this section.
165AF10Joint local-ITA charging schemes
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
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.
I4C3166 Joint local-London charging schemes.
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 F11which has effect wholly outside an integrated transport areaF77, 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
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.
F143
A joint local-London charging scheme which has effect partly within an integrated transport area F78, 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
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.
166AF15Joint ITA-London charging schemes
1
A joint ITA-London charging scheme may only be made—
a
in respect of roads falling within subsection (2), and
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 F81, 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.
I5167 Trunk road charging schemes.
1
A trunk road charging scheme may only be made—
a
by the Secretary of State in respect of roads for which he F62or 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 F89under 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 F43, an Integrated Transport AuthorityF56, a combined authorityF82, 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.
F883
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.
Making of charging schemes
I6168 Charging schemes to be made by order.
1
A charging scheme under this Part is made by order of the charging authority or of the charging authorities (acting jointly).
2
The charging authority or the charging authorities (acting jointly) may by order vary a charging scheme under this Part and the charging authority or any of the charging authorities may by order revoke such a scheme; but where a trunk road charging scheme is made at the request of a local traffic authority F44, an Integrated Transport AuthorityF57, a combined authorityF83, a combined county authority or Transport for London, it shall not be varied or revoked unless the local traffic authority F45or the Integrated Transport AuthorityF58, the Integrated Transport Authority F84, the combined authority or the combined county authority, or Transport for London, have been consulted about its variation or revocation.
3
The appropriate national authority may make regulations about orders making, varying or revoking charging schemes under this Part, including (in particular)—
a
provision specifying the form of orders,
b
provision about the publication of proposals for orders making or varying such charging schemes and the making and consideration of objections to such proposals, and
c
provision about the publication of notice of orders and of their effect.
4
Before making regulations under subsection (3) which relate to joint local-London charging schemes F46or joint ITA-London charging schemes the Secretary of State shall consult the Greater London Authority about the regulations so far as they so relate.
I7169 Confirmation of charging schemes.
1
A charging scheme under this Part F16which relates wholly or partly to Wales, other than a trunk road charging scheme, shall not come into force unless the order making it has been submitted to and confirmed by F17the Welsh Ministers; and a variation of such a charging scheme shall not take effect until the order making the variation has been so submitted and confirmed.
2
Subsection (1) does not apply in such circumstances as may be specified in or determined in accordance with regulations made by F18the Welsh Ministers.
3
A joint local-London charging scheme F47or joint ITA-London charging scheme shall not come into force unless the order making it has been submitted to and confirmed by the Greater London Authority; and a variation or revocation of such a charging scheme shall not take effect until the order making the variation or revocation has been so submitted and confirmed.
4
Where confirmation of an order is required by this section, the order may be confirmed with or without modifications.
F195
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I8170 Charging schemes: consultation and inquiries.
F201A
Where the charging authority or any of the charging authorities are—
a
a local traffic authority for an area in England, or
b
an Integrated Transport Authority F85, a combined authority or a combined county authority,
that authority or those authorities (acting alone or jointly) must consult such local persons, and such representatives of local persons, as they consider appropriate about the charging scheme.
1B
In subsection (1A)—
“local persons” means any persons who are likely to be affected by, or interested in, the making of the scheme;
“representatives” means any persons who appear to the charging authority or charging authorities to be representative of local persons.
1C
In any other case, the charging authority or the charging authorities (acting jointly) may, at any time before an order making, varying or revoking a charging scheme under this Part is made, consult such persons as they consider appropriate about the charging scheme, variation or revocation.
2
The charging authority or the charging authorities (acting jointly)—
a
may cause an inquiry to be held in relation to a charging scheme under this Part, or the variation or revocation of such a scheme, and
b
may appoint the person or persons by whom such an inquiry is to be held.
3
F21The Welsh Ministers may at any time—
a
before an order making or varying a charging scheme under this Part F22which relates wholly or partly to Wales (other than a trunk road charging scheme) is made, or
b
(where such an order has to be confirmed) before it is confirmed,
consult other persons, or require the charging authority or authorities to consult other persons, about the charging scheme or variation.
4
F23The Welsh Ministers —
a
may cause an inquiry to be held in relation to a charging scheme under this Part F24which relates wholly or partly to Wales (other than a trunk road charging scheme) or the variation of such a scheme, and
b
may appoint the person or persons by whom such an inquiry is to be held.
5
In the case of a joint local-London charging scheme F48or joint ITA-London charging scheme —
a
the Greater London Authority may, at any time before an order making, varying or revoking the charging scheme is confirmed by that Authority, consult other persons, or require the charging authorities to consult other persons, about the charging scheme, variation or revocation, F25...
F25b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Subsections (2) and (3) of section 250 of the M5Local Government Act 1972 (witnesses at local inquiries) apply in relation to any inquiry held by virtue of this section.
7
Where an inquiry is held by virtue of this section in relation to a charging scheme, or the variation or revocation of such a scheme, the costs of the inquiry shall be paid—
a
b
in any other case, by the charging authority or authorities;
and the parties at the inquiry shall bear their own costs.
Contents of charging schemes
I9171 Matters to be dealt with in charging schemes.
1
A charging scheme under this Part must—
a
designate the roads in respect of which charges are imposed,
b
specify or describe the events by reference to the happening of which a charge is imposed in respect of a motor vehicle being used or kept on a road,
c
specify the classes of motor vehicles in respect of which charges are imposed,
d
specify the charges imposed, and
e
state whether or not the charging scheme is to remain in force indefinitely and, if it is not to remain in force indefinitely, the period for which it is to remain in force.
2
Subject to sections 164 to 167 and to any modifications made by virtue of section 169, the designation of the roads in respect of which charges are imposed by a charging scheme under this Part shall be such as the charging authority or authorities may determine.
3
Any charge imposed by a charging scheme under this Part in respect of the keeping of a motor vehicle on a road must also have effect in respect of the use of the motor vehicle on that road.
4
A charging scheme under this Part may make provision in relation to the manner in which charges are to be made, collected, recorded and paid.
5
The charges that may be imposed by a charging scheme under this Part include different charges (which may be no charge) for different cases, including (in particular)—
a
different days,
b
different times of day,
c
different roads,
d
different distances travelled, F61and
e
different classes of motor vehicles F26, and
f
different methods or means of recording, administering, collecting or paying the charge.
6
In setting the charges imposed by a charging scheme under this Part, regard may be had to the purposes for which any of the net proceeds of the charging scheme may be applied (in accordance with Schedule 12).
7
A charging scheme under this Part may contain provision requiring—
a
documents to be displayed while a motor vehicle is on a road in respect of which charges are imposed, or
b
equipment to be carried in or fitted to a motor vehicle while it is on such a road.
I10172F29Charging schemes: supplementary provision as to contents
1
The appropriate national authority may make regulations requiring charging schemes under this Part to contain provision for or in connection with—
a
exemptions from charges,
b
the application of reduced rates of charges, or
c
the imposition of limits on the charges payable.
2
Subject to regulations under subsection (1) and to section 169(1) and (3), a charging scheme under this Part may contain provision of any of the descriptions specified in that subsection.
F272A
The appropriate national authority may by regulations—
a
make provision requiring charging schemes under this Part to provide that in specified circumstances—
i
persons of a specified description may pay, and
ii
where those persons so choose, the charging authorities must collect,
the charges imposed by such schemes in a specified manner;
b
make provision for or in connection with the arrangements to be made by charging authorities with any person for the purpose of enabling charges to be paid, and collected, as mentioned in paragraph (a).
2B
In subsection (2A) “specified” means specified in the regulations.
3
F28A road shall not be subject to—
a
charges imposed by more than one charging scheme under this Part at the same time;
b
charges imposed by such a charging scheme and a scheme under Schedule 23 to the Greater London Authority Act 1999 at the same time, except with the consent of the Authority.
4
A road shall not be subject to charges under a charging scheme under this Part if tolls are charged in respect of the use of the road.
F30Suspension of charging schemes
172ASuspension of charging schemes
1
The charging authority or the charging authorities (acting jointly) may suspend the operation of a charging scheme under this Part if they consider that it is necessary to do so—
a
in the event of an emergency, to enable or facilitate any action taken in response to the emergency;
b
to enable or facilitate a temporary event to take place.
2
A suspension under this section is for such period as the charging authority or authorities consider necessary—
a
in the case of an emergency, to enable or facilitate the response to the emergency (but in any event no longer than 30 days);
b
in the case of a temporary event, to enable or facilitate the event to take place, together with any associated works undertaken before or after it.
3
A charging scheme may be suspended under this section in whole or in part; and if a scheme is suspended in part that suspension may be in respect of—
a
any road in respect of which charges are imposed;
b
any event by reference to the happening of which a charge is imposed;
c
any class of motor vehicle in respect of which charges are imposed.
4
The charging authority or authorities must publish a notice of any suspension under this section.
5
A notice under subsection (4)—
a
must be published in such manner as the charging authority or authorities consider appropriate to bring the suspension to the attention of all persons who are likely to be affected by it;
b
must state the period for which the scheme is to be suspended.
6
In the case of a suspension under subsection (1)(a), the charging authority or authorities—
a
must keep under review the need for the suspension to continue, and
b
may increase or reduce the period of the suspension (but they may not increase it so as to suspend the scheme for a period of more than 30 days).
Enforcement of charging schemes
I11173 Penalty charges.
1
The appropriate national authority may by regulations make provision for or in connection with the imposition and payment of charges (“charging scheme penalty charges”) in respect of acts, omissions, events or circumstances relating to or connected with charging schemes under this Part.
2
The regulations may include provision for or in connection with setting the rates of charging scheme penalty charges (which may include provision for discounts or surcharges).
3
Charging scheme penalty charges in respect of any motor vehicle 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.
4
The Lord Chancellor may make regulations about the notification, adjudication and enforcement of charging scheme penalty charges.
5
A person commits an offence if with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by a charging scheme under this Part—
a
he interferes with any equipment F31, or with the functioning of any equipment, used for or in connection with charging under the charging scheme, or
b
he causes or permits the registration plate of a motor vehicle to be obscured.
6
A person commits an offence if he makes or uses any false document with intent to avoid payment of, or being identified as having failed to pay, charges imposed by a charging scheme under this Part or charging scheme penalty charges.
7
A person commits an offence if he removes a notice of a charging scheme penalty charge which has been fixed to a motor vehicle in accordance with regulations under this section unless—
a
he is the registered keeper of the vehicle or a person using the vehicle with his authority, or
b
he does so under the authority of the registered keeper or such a person or of the charging authority or any of the charging authorities.
8
A person guilty of an offence under subsection (5) or (6) is liable on summary conviction to—
a
a fine not exceeding level 5 on the standard scale, or
b
imprisonment for a term not exceeding six months,
or to both.
9
A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
I12C4174 Examination, entry, search and seizure.
1
The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to confer powers on persons specified in, or determined in accordance with, the regulations for or in connection with examining a motor vehicle for ascertaining—
a
whether any document required to be displayed while the motor vehicle is on a road in respect of which charges are imposed is so displayed,
b
whether any equipment required to be carried in or fitted to the motor vehicle while the motor vehicle is on such a road is carried or fitted, is in proper working order
F32bb
whether any such equipment, or the functioning of any such equipment, has been interfered with with intent to avoid payment of a charge, or to avoid any person being identified as having failed to pay a charge, or
c
whether any conditions relating to the use of any such equipment are satisfied.
2
The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to confer power on any person authorised in writing by the charging authority, or any of the charging authorities, to enter a motor vehicle where he has reasonable grounds for suspecting that—
a
any equipment required to be carried in or fitted to it while it is on a road in respect of which charges are imposed has been interfered with F33, or the functioning of any such equipment has been interfered with, with intent to avoid payment of, or F34to avoid any person being identified as having failed to pay, a charge imposed by the charging scheme, or
b
there is in the motor vehicle a false document which has been made or used with intent to avoid payment of, or F35to avoid any person being identified as having failed to pay, such a charge.
3
A person commits an offence if he intentionally obstructs a person exercising any power conferred on him by a charging scheme under this Part by virtue of subsection (2).
4
A person guilty of an offence under subsection (3) is liable on summary conviction to—
a
a fine not exceeding level 5 on the standard scale, or
b
imprisonment for a term not exceeding six months,
or to both.
5
The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to confer power on any person authorised in writing by the charging authority, or any of the charging authorities, to seize anything (if necessary by detaching it from a motor vehicle) and detain it as evidence of the commission of an offence under section 173(5) or (6).
6
A charging scheme under this Part may not authorise an examination of, or entry into, a motor vehicle unless it is on a road.
I13C5175 Immobilisation etc.
1
The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to make provision for or in connection with—
a
the fitting of immobilisation devices to motor vehicles,
b
the fixing of immobilisation notices to motor vehicles to which an immobilisation device has been fitted,
c
the removal and storage of motor vehicles,
d
the release of motor vehicles from immobilisation devices or from storage,
e
the satisfaction of conditions before the release of a motor vehicle, and
f
the sale or destruction of motor vehicles not released.
2
A person commits an offence if he removes or interferes with an immobilisation notice fixed to a motor vehicle in accordance with provision included in a charging scheme under this Part by virtue of subsection (1) in contravention of such provision.
3
A person commits an offence if he removes or attempts to remove an immobilisation device fitted to a motor vehicle in accordance with provision included in a charging scheme under this Part by virtue of subsection (1) in contravention of such provision.
4
A person commits an offence if he intentionally obstructs a person exercising any power conferred on him by provision included in a charging scheme under this Part by virtue of subsection (1).
5
A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
6
A person guilty of an offence under subsection (3) or (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
7
In this section “immobilisation device” has the same meaning as in section 104 of the M6Road Traffic Regulation Act 1984.
8
A charging scheme under this Part may not authorise or require the fitting of an immobilisation device to, or the removal of, a motor vehicle unless it is on a road.
Supplementary
I14C6176 Equipment etc.
1
The charging authority, or any of the charging authorities, in relation to a charging scheme under this Part may—
a
install and maintain, or authorise the installation and maintenance of, any equipment, or
b
construct and maintain, or authorise the construction and maintenance of, any buildings or other structures,
used or to be used for or in connection with the operation of a charging scheme under this Part.
F631A
In relation to a charging scheme under section 167 (trunk road charging schemes), a strategic highways company may—
a
install and maintain, or authorise the installation and maintenance of, any equipment, or
b
construct and maintain, or authorise the construction and maintenance of, any buildings or other structures,
used or to be used for or in connection with the operation of a charging scheme under that section.
2
The appropriate national authority may by regulations—
F36a
approve standards for equipment installed, or authorised to be installed, by charging authorities for or in connection with the operation of charging schemes under this Part F37, or
b
regulate the manner in which such equipment is used.
3
No equipment may be—
F38a
installed for or in connection with the operation of a charging scheme under this Part if it is incompatible with a standard approved under F39subsection (2)(a).
F40b
used for or in connection with the operation of such a scheme otherwise than in accordance with regulations under subsection (2)(b).
I15177 Traffic signs.
1
The appropriate national authority may direct the charging authority, or any of the charging authorities, in relation to a charging scheme under this Part (other than a trunk road charging scheme) to place and maintain traffic signs, or cause traffic signs to be placed and maintained, in connection with the scheme.
2
In the case of a joint local-London charging scheme F49or joint ITA-London charging scheme the Greater London Authority may also exercise the power conferred by subsection (1); but any direction under this subsection shall not have effect if and to the extent that it is inconsistent with a direction under subsection (1).
3
The appropriate national authority may direct any local traffic authority to place and maintain traffic signs, or cause traffic signs to be placed and maintained, in connection with a trunk road charging scheme.
F643A
The Secretary of State may direct a strategic highways company to place and maintain traffic signs, or cause traffic signs to be placed and maintained, in connection with a trunk road charging scheme.
4
An authority F65or a strategic highways company which is or could be given a direction under this section may enter any land, and exercise any other powers which may be necessary, for placing and maintaining traffic signs, or causing traffic signs to be placed and maintained, in connection with any charging scheme in respect of which a direction is or could be given.
5
A direction under this section shall be given in writing and may be varied or revoked by the authority by which it was given.
6
In this section “traffic signs” has the meaning given by section 64 of the M7Road Traffic Regulation Act 1984 but also includes signposts and other signs and notices included in that term by section 71(2) of that Act.
177AF41Power to require information
1
The appropriate national authority may direct a local traffic authority or Integrated Transport AuthorityF60, Integrated Transport Authority F87, combined authority or combined county authority to provide it, within a specified period, with specified information connected with any aspect of the performance or proposed performance of their functions under this Chapter.
2
The information that may be specified in such a direction must be information which the authority have in their possession or can reasonably be expected to acquire.
3
A direction under this section may be given to two or more authorities or to authorities of a description specified in the direction.
S. 172A and cross-heading inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 114, 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(o)