OpenLegislation

Regulation 6 Evidence produced by a prescribed deviceI1

England and Wales

(1)

Evidence of a fact relevant to Schedule 23 proceedings may be given by the production of—

(a)

a record produced by a prescribed device, and

(b)

(in the same or another document) a certificate as to the circumstances in which the record was produced signed by a constable or by a person authorised in that behalf by the charging authority who installed the device by means of which the evidence was produced.

(2)

In paragraph (1)—

  • “Schedule 23 proceedings” means proceedings for an offence under Schedule 23 to the 1999 Act or proceedings before an adjudicator in relation to failure to comply with the provisions of a charging scheme; and

  • “prescribed device” means a camera or other device designed to produce a record—

    1. (a)

      of the presence of a particular vehicle which is being used or kept on a road in a charging area in respect of which charges are imposed; and

    2. (b)

      of the date and time at which it is present,

    and includes any equipment used in conjunction with the camera or other device for the purpose of producing such a record.

(3)

A document purporting to be a record of the kind mentioned in paragraph (1) or to be a certificate signed as mentioned in that paragraph shall be deemed to be such a record, or to be so signed, unless the contrary is proved.

Annotations

Commencement

I1

Reg. 6 in force at 30.7.2001, see reg. 1