The Road User Charging (Charges and Penalty Charges) (London) Regulations 2001

Release of immobilised vehicles

11.—(1) Where a charging scheme makes provision for the immobilisation of vehicles the scheme shall provide that, where an immobilisation device is fitted to a vehicle in accordance with the scheme, the person fitting the device shall also fix to the vehicle an immobilisation notice indicating that the vehicle shall be released—

(a) if all outstanding penalty charges, or such outstanding penalty charges as the relevant charging scheme may prescribe for the purposes of this sub-paragraph, are paid to the charging authority;

(b) if any penalty charge imposed by the relevant charging scheme for the release of the vehicle from the immobilisation device is paid; and

(c) where at the time the device is fitted the vehicle is being kept on a road in the charging area in circumstances where a charge is payable, if that charge is also paid to the charging authority.

(2) For the purposes of these Regulations a penalty charge is “outstanding” if—

(a) it is a penalty charge imposed by a charging scheme in respect of the use or keeping of the vehicle in question in the charging area to which the scheme relates; and

(b) it has not been paid and is not subject to an outstanding appeal.

(3) For the purposes of paragraph (2)(b) a penalty charge is “subject to an outstanding appeal” if—

(a) representations have been made to the charging authority under regulations made by the Lord Chancellor under paragraphs 12(3) and 28 of Schedule 23 to the Greater London Authority Act 1999 and the authority has not notified its decision with respect to the representations; or

(b) an appeal has been made to an adjudicator under those Regulations and the appeal has not been determined.