Article 46 EnforcementF1

The provisions of this article apply in respect of tolls and charges imposed under the powers conferred by article 41.

The undertaker, or any person authorised by the undertaker in writing, is an authorised person for the purposes of this article, and any authorised person who is about to exercise, is in the course of exercising or has exercised any power conferred by this article must, if so requested, produce written evidence of their authority to do so.

Any authorised person may examine a motor vehicle whilst it is on a road to ascertain if any of the circumstances described in regulation 22(1)(a) to (c) (power to examine motor vehicles) of the 2013 Regulations exists and any reference in that regulation to “a charging scheme” or “the charging scheme” is a reference to this Order, or any byelaws made under it, any reference to “a designated road” is a reference to the new crossing, and the reference to “a road user charge” is a reference to a toll or charge payable under article 41 (power to charge tolls).

Any authorised person may enter a motor vehicle whilst it is on a road where the authorised person has reasonable grounds for suspecting that any of the circumstances described in regulation 23(1)(a) and (b) (power to enter motor vehicles) of the 2013 Regulations exists and any reference in that regulation to “a charging scheme” is a reference to this Order, or any byelaws made under it, the reference to “a road designated by the charging scheme and in respect of which road user charges have been imposed” is a reference to the new crossing, and any reference to “a road user charge” is a reference to a toll or charge payable under article 41.

Any authorised person may seize anything (if necessary by detaching it from a motor vehicle) and detain it as evidence that a person has committed an offence under article 40(7)(b) (contravention of byelaws about the evasion of payment of tolls).

The powers conferred by paragraphs (4) and (5) must not be exercised by an authorised person who is not a constable except in the presence of a constable.

The powers conferred by paragraphs (2) to (5) may only be exercised in respect of motor vehicles on roads in England.