OpenLegislation

Regulation 4 Imposition of penalty chargesI1

England and Wales

(1)

A charging scheme may provide that a penalty charge shall be imposed in respect of a vehicle where—

(a)

the vehicle has been used or kept on a road in the charging area to which the scheme applies;

(b)

the vehicle falls within a class in respect of which a charge is imposed by the charging scheme;

(c)

the road is a road in respect of which a charge is imposed by the charging scheme;

(d)

events have occurred by reference to the happening of which a charge is imposed by the charging scheme; and

(e)

the charge has not been paid in full within the time and in the manner in which it is required by the charging scheme to be paid.

(2)

A charging scheme may further provide that penalty charges shall be imposed in respect of—

(a)

the release of a vehicle from an immobilisation device fixed to it in accordance with regulation 11;

(b)

the removal of a vehicle in accordance with regulation 12;

(c)

the storage and release from storage of a vehicle so removed; or

(d)

the sale or destruction of a vehicle so removed.

(3)

If a charging scheme so provides a penalty charge shall be payable.

F1(4)

A charging scheme shall specify the time in which any penalty charge imposed by it under paragraph (1) is to be paid and shall provide that the amount of such a penalty charge—

(a)

is to be reduced by the amount or proportion and to the sum specified in that behalf in the scheme if it is duly paid within such shorter time as is so specified; and

(b)

is to be increased by the amount or proportion and to the sum so specified if not duly paid before the end of the relevant period as defined by regulation 17(2) or (3), as the case may be, of the Enforcement Regulations.

Annotations

Textual amendments

F1

Reg. 4(4) substituted (17.2.2003) by The Road User Charging (Charges and Penalty Charges) (London) (Amendment) Regulations 2003 (S.I. 2003/109), regs. 1, 4(2)

Commencement

I1

Reg. 4 in force at 16.7.2001, see reg. 1