The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) Regulations 2009

Notices of non-compliance and stop notices

23.—(1) This regulation applies in relation to any requirement imposed by these Regulations on an operator or a responsible person, except where that operator, or responsible person as the case may be, is an appropriate national authority.

(2) Where an appropriate national authority considers that an operator or a responsible person has not complied with a requirement imposed by these Regulations, the authority may give that operator, or responsible person as the case may be, a notice to that effect.

(3) A notice given under paragraph (2) must—

(a) state the reasons why the authority considers that the requirement has not been complied with,

(b) provide details of any remedial steps which the authority considers to be necessary,

(c) specify the period before the end of which those remedial steps are to be taken, and

(d) inform the recipient of the right to make representations to the authority within such period as is specified in the notice.

(4) The authority may extend each of the periods allowed under the notice for—

(a) taking any remedial steps, or

(b) making representations.

(5) When both of these periods have expired, the authority must then decide within a reasonable period whether to issue a stop notice to the operator, or to the responsible person as the case may be.

(6) A stop notice is a notice requiring the recipient to take an action, or to cease an activity, as specified in the notice.

(7) If, having considered any representations made by the operator or the responsible person, the authority decides not to issue a stop notice, it must give the operator, or the responsible person as the case may be, written notice.

(8) If, having considered any representations made by the operator or the responsible person, the authority decides to issue a stop notice, that notice must—

(a) be in writing,

(b) be given to the operator, or to the responsible person as the case may be,

(c) give details of the action which the recipient must take, or of the activity which the recipient must cease, and

(d) state the date on or before the end of which the action is to be taken, or on or before the end of which the activity is to cease.

(9) It is the duty of an operator, or of a responsible person as the case may be, to whom a stop notice is issued to comply with it.

(10) That duty is enforceable in civil proceedings by the appropriate national authority—

(a) for an injunction,

(b) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988(1), or

(c) for any other appropriate remedy or relief.

(1)

1988 c.36.