Paragraph 2 F1

United Kingdom

(1)

The regulations may provide that a person contravening provision made under paragraph 1(8) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(2)

The regulations may provide that a person who, without being authorised to do so in accordance with provision made under paragraph 1, removes or attempts to remove an immobilisation device fixed to a vehicle in accordance with the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)

The regulations may provide that where they would apply in relation to a vehicle but for provision made under paragraph 1(7)(a) and the vehicle was not, at the time it was stationary, being used—

(a)

in accordance with regulations under section 21 of the M1Chronically Sick and Disabled Persons Act 1970 or regulations under section 14 of the M2Chronically Sick and Disabled Persons (Northern Ireland) Act 1978, and

(b)

in circumstances falling within section 117(1)(b) of the M3Road Traffic Regulation Act 1984 or Article 174A(2)(b) of the M4Road Traffic (Northern Ireland) Order 1981 (use where a disabled person’s concession would be available),

the person in charge of the vehicle at that time is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)

The regulations may provide that where—

(F2a)

a person makes a declaration described in paragraph 1(6A)(a), (b) or (c) with a view to securing the release of a vehicle from an immobilisation device purported to have been fixed in accordance with the regulations, and

(b)

the declaration is that the vehicle is or was an exempt vehicle, and

(c)

the declaration is to the person’s knowledge either false or in any material respect misleading,

he is guilty of an offence.

(5)

The regulations may provide that a person guilty of an offence by virtue of provision made under sub-paragraph (4) is liable—

(a)

on summary conviction, to a fine not exceeding the statutory maximum, and

(b)

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or (except in Scotland) to both.

Annotations

Textual amendments

F1: Sch. 2A inserted (1.5.1995) by 1995 c. 4, s. 19, Sch. 4 para. 36(2)
F2: Sch. 2A para. 2(4)(a) substituted for Sch. 2A para. 2(4)(a) (21.7.2008) by Finance Act 2008 (c. 9), Sch. 45 para. 6

Marginal citations

M1: 1970 c. 44.
M2: 1978 c. 53.
M3: 1984 c. 27.
M4: S.I. 1981/154 (N.I.1).