Section 48 Exceptions from immunityI1

England, Wales and Scotland Not yet in force

(1)

Section 47 (1) does not apply in relation to an offence if the act that would constitute the offence takes place after—

(a)

a transition demand has been issued in accordance with authorisation requirements, and

(b)

the transition period has ended.

(2)

But subsection (1) does not apply if the act that would constitute the offence results from the vehicle doing something which amounts to a breach of authorisation requirements of the sort described in section 7 (3)(e).

(3)

Section 47 (1) does not apply in relation to an offence if—

(a)

the offence arises from the position in which the vehicle is parked or otherwise stops or is left stationary, and

(b)

the user-in-charge voluntarily departs from the vehicle while it is in that position.

(4)

Section 47 (1) does not apply in relation to an offence arising from the vehicle’s entering or remaining on a particular road or other area without a required toll or charge being paid.

(5)

Section 47 (1) does not apply in relation to an offence if the conditions in subsection (6) of this section are satisfied at the time of—

(a)

the act that would constitute the offence, in a case within section 47 (2), or

(b)

the thing done by the vehicle that results in the act that would constitute the offence, in a case within section 47 (3).

(6)

The conditions are that—

(a)

the authorised user-in-charge feature in question is engaged other than in the authorised locations and circumstances, and

(b)

the user-in-charge has caused it to be so, or another person has to the knowledge of the user-in-charge caused it to be so, by deliberately interfering with equipment of the vehicle.

Annotations

Commencement

I1: S. 48 not in force at Royal Assent, see s. 99(1)