The Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013

Made: 16th July 2013

Laid before Parliament: 23rd July 2013

Coming into force: 2nd September 2013

The Secretary of State for Transport in exercise of the powers conferred by sections 163(2), 173(1) to (3), 174(1), (2) and (5), 175(1) and 197(1) of the Transport Act 2000[^f00001] and the Lord Chancellor in exercise of the powers conferred by sections 173(4), 195(1)(b) to (d) and (2) and 197(1) of that Act, make the following Regulations.

PART 1 — PRELIMINARY

Citation, commencement and application

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• (1) These Regulations may be cited as the Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 and come into force on 2nd September 2013.

• (2) These Regulations apply only to England.

• (3) These Regulations do not apply to road user charges imposed under the County Council of Durham (Market Place leading to Saddler Street, Durham City) (Road User Charging Scheme) Order 2002.

Interpretation

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• (1) In these Regulations—

• “adjudicator” means a person appointed to be a road user charging scheme adjudicator in accordance with regulation 12(1) or (2);

• “appellant” in relation to an appeal under these Regulations or any process connected with such an appeal, means the person bringing the appeal;

• “authorised person” has the meaning given by regulation 21;

• “charge certificate” has the meaning given by regulation 17(1);

• “custodian” in relation to a motor vehicle removed under regulation 27 means—if the motor vehicle has been delivered to the charging authority, that charging authority; orif the motor vehicle has been delivered to a person authorised by the charging authority to keep motor vehicles so removed in their custody, that other person;

• “designated road” means a road designated by a charging scheme as a road to which a road user charge applies;

• “electronic transmission” means a communication transmitted—by means of an electronic communications network; orby other means but while in electronic form;

• “fax” means the making of a facsimile copy of a document by the transmission of electronic signals;

• “joint committee” means the joint committee set up in accordance with regulation 19 of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022;

• “keeper” (other than in the phrase “registered keeper”) means the person by whom a motor vehicle was kept at the time it was immobilised, removed or disposed of under the powers in Part 6;

• “notice of appeal” means a notice initiating an appeal delivered by an appellant to the proper officer under regulation 11(3), 34(2) or 37(2) in each case in accordance with paragraph 2 of the Schedule;

• “notice of rejection” means a notice served by a charging authority under regulation 10(1), 33(4) or 36(4) rejecting, or not accepting, representations made to it;

• “penalty charge” means a charging scheme penalty charge;

• “penalty charge notice” has the meaning given by regulation 7(1);

• “procedural impropriety” has the meaning given by regulation 8(4);

• “proper officer” means a person appointed under regulation 13(1);

• “road user charge” means a charge imposed under a charging scheme which is not a penalty charge;

• “witness statement” means a statement which is a witness statement for the purposes of the Civil Procedure Rules 1998[^f00003] and which is supported by a statement of truth in accordance with Part 22 of those Rules.

• (2) In determining for the purposes of any provision of these Regulations whether a road user charge or penalty charge has been paid within a particular period, it is to be taken to be paid when it is received by the charging authority.

Service of documents

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• (1) Subject to paragraph (9) a notice or other document to be served by a charging authority on any person (“the recipient”) in accordance with these Regulations—

• (a) may be served by first class post; and

• (b) where the recipient is a body corporate, is duly served if it is sent by first class post to the secretary or clerk of that body.

• (2) Where the address of the registered keeper of a motor vehicle upon which a penalty charge arising under regulation 4(1) has been imposed is contained in the register of mechanically propelled vehicles maintained by the Secretary of State under section 21 of the Vehicle Excise and Registration Act 1994[^f00004] the penalty charge notice relating to that penalty charge is to be served on the registered keeper at that address.

• (3) Where—

• (a) the address of the registered keeper of a motor vehicle upon which a penalty charge arising under regulation 4(1) has been imposed is not contained in the register referred to in paragraph (2); or

• (b) in accordance with regulation 6, the penalty charge is payable by a person other than the registered keeper of the motor vehicle,

the penalty charge notice may (where sub-paragraph (a) applies) be served on the recipient at an address at which the recipient resides or can conveniently be contacted, or (where sub-paragraph (b) applies) at the address notified to the charging authority by the registered keeper.

• (4) Unless the contrary is proved—

• (a) service of a notice or other document by first class post to an address in the United Kingdom is to be taken to have been effected on the second working day after the day on which it was posted;

• (b) service of a notice or other document by first class post to an address outside the United Kingdom is to be taken to have been effected on the fifth working day after the day on which it was posted;

• (c) service of a notice or other document by electronic transmission is to be taken to have been effected on the second working day after the day on which it was transmitted.

• (5) For the purpose of receiving notices or other documents in accordance with these Regulations, the recipient may at any time, by notice in writing delivered to the charging authority—

• (a) change the recipient’s address; or

• (b) consent to the use of electronic transmission in accordance with paragraphs (6) to (8).

• (6) A notice or other document mentioned in these Regulations may be served by the charging authority on the recipient by means of electronic transmission where—

• (a) the recipient of the notice or document to be transmitted has given consent to the use of electronic transmission in writing to the charging authority;

• (b) the notice or document is capable of being accessed by the recipient;

• (c) the notice or document is legible in all material respects; and

• (d) the notice or document is in a form sufficiently permanent to be used for subsequent reference.

• (7) Where the recipient of a notice or other document served by electronic transmission notifies the charging authority within 7 days of receipt that the recipient requires a paper copy of all or part of that notice or other document the charging authority must provide such a copy as soon as reasonably practicable. The making of such a request by the recipient has no effect on the date on which the notice or other document was served in accordance with paragraph (4)(c).

• (8) Where a person is no longer willing to accept the use of electronic transmission—

• (a) that person must give notice to the charging authority in writing revoking any consent given by that person for that purpose; and

• (b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given.

• (9) Nothing in this regulation applies to—

• (a) the service of any notice or other document required or authorised by the Schedule to be sent to a party to an appeal or served in connection with adjudication proceedings; or

• (b) the service of any notice or order made by a county court.

• (10) In this regulation—

• (a) “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form; and

• (b) “working day” means any day except a Saturday, a Sunday, New Year’s Day, Good Friday, Christmas Day or any other day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971[^f00005].

PART 2 — PENALTY CHARGES

Imposition of penalty charge

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• (1) A charging scheme may provide that a penalty charge is to be imposed in respect of a motor vehicle where—

• (a) the motor vehicle has been used or kept on a designated road;

• (b) events have occurred by reference to the happening of which a road user charge is imposed by the charging scheme; and

• (c) the road user 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 a penalty charge is to be imposed in respect of—

• (a) the release of a motor vehicle from an immobilisation device fixed to it in accordance with regulation 25;

• (b) the removal of a motor vehicle in accordance with regulation 27;

• (c) the storage and release from storage of a motor vehicle so removed; and

• (d) the disposal of a motor vehicle so removed in accordance with regulation 28.

• (3) If a charging scheme so provides a penalty charge is to be payable.

• (4) A charging scheme is to specify whether a penalty charge referred to in paragraph (1) or (2) is payable in addition to the road user charge or instead of such charge.

Setting the rates and maximum amounts of penalty charge

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• (1) The rates of penalty charges imposed by a charging scheme are to be—

• (a) specified in the charging scheme; or

• (b) communicated to users of the designated road in the manner specified in the charging scheme.

• (2) A charging scheme is to provide that a penalty charge arising under regulation 4(1) is to be paid in full within the period of 28 days beginning with the date on which a penalty charge notice is served.

• (3) If the penalty charge of the type described in regulation 4(1) is paid prior to the end of the fourteenth day of the period referred in paragraph (2) the charging scheme is to provide that it is reduced by one half.

• (4) If the penalty charge of the type described in regulation 4(1) is not paid before a charge certificate to which it relates is served by the charging authority in accordance with regulation 17, the charging scheme is to provide that the penalty charge is increased by one half.

• (5) The maximum amount of the penalty charge that a charging scheme may impose of the type described in regulation 4(1) is £120.

• (6) The maximum amount of the penalty charge that a charging scheme may impose of the type described in regulation 4(2)(a) is £70.

• (7) The maximum amount of the penalty charge that a charging scheme may impose of the type described in regulation 4(2)(b) is £200.

• (8) The maximum amount of the penalty charge that a charging scheme may impose of the type described in regulation 4(2)(c) is £40 for each day or part of a day during which the motor vehicle is stored.

• (9) The maximum amount of the penalty charge that a charging scheme may impose of the type described in regulation 4(2)(d) is £70.

Person by whom penalty charge is to be paid

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• (1) Unless any of the circumstances in paragraphs (2) to (5) apply, road user charges and penalty charges imposed upon a relevant vehicle by a charging scheme are to be paid by the registered keeper of that vehicle.

• (2) Where the relevant vehicle is not registered under the Vehicle Excise and Registration Act 1994 road user charges and penalty charges are to be paid by the person by whom the relevant vehicle was used or kept on the designated road at the relevant time.

• (3) Where before the relevant time the registered keeper had notified the Secretary of State in writing, in accordance with regulation 22, 23 or 24 of the Road Vehicles (Registration and Licensing) Regulations 2002 (“the 2002 Regulations”)[^f00006], that there had been a change of ownership of the relevant vehicle so that it was no longer kept by that person, road user charges and penalty charges are to be payable by the person by whom the relevant vehicle was used or kept at the relevant time.

• (4) Where at the relevant time the relevant vehicle was used or kept by a person who was a vehicle trader and that vehicle trader was not the registered keeper road user charges and penalty charges are payable by that person.

• (5) Where—

• (a) at the relevant time—

• (i) the registered keeper of the relevant vehicle was a vehicle-hire firm; and

• (ii) the relevant vehicle was hired to any person under a hire agreement with the vehicle-hire firm; and

• (b) the charging authority has been given a copy of—

• (i) a statement signed by or on behalf of the vehicle-hire firm to the effect that at the relevant time the vehicle was hired to a named person under a hire agreement;

• (ii) a copy of the hire agreement (or, at the discretion of the charging authority, a copy of relevant extracts from the hire agreement); and

• (iii) a copy of a statement of liability signed by the hirer under the hire agreement—

• (aa) containing a statement by the hirer to the effect that the hirer acknowledges responsibility for any road user charges or penalty charges that may be incurred with respect to the vehicle while it is hired to the hirer; and

• (bb) including an address given by the hirer (whether a residential, business or other address) as one at which documents may be given to the hirer,

road user charges and penalty charges are to be paid by the person who hired the vehicle under the hire agreement.

• (6) The date on which the registered keeper is to be taken for the purposes of these Regulations to have notified the Secretary of State as mentioned in paragraph (3) is the date on which service on the Secretary of State is to be taken to have been effected in accordance with section 7 of the Interpretation Act 1978[^f00007] of—

• (a) in a case where regulation 22 of the 2002 Regulations applies, parts of the registration document in accordance with regulation 22(2)(b);

• (b) in a case where regulation 23 of the 2002 Regulations applies, notification in accordance with regulation 23(2); or

• (c) in a case where regulation 24 of the 2002 Regulations applies, the information and declarations in accordance with regulation 24(5)(a).

• (7) In this regulation—

• (a) “relevant vehicle” means a motor vehicle in respect of which road user charges or penalty charges are imposed by a charging scheme due to it having been used or kept on a designated road;

• (b) “relevant time” means the time at which a relevant vehicle was used or kept on a designated road so as to incur road user charges under a charging scheme;

• (c) “hire agreement” and “vehicle-hire firm” have the same meanings as in sub-paragraph 13(6) of Schedule 4 to the Protection of Freedoms Act 2012.

• (d) “vehicle trader” has the same meaning as in regulation 20(6) of the 2002 Regulations.

PART 3 — NOTIFICATION OF, AND REPRESENTATIONS ABOUT, PENALTY CHARGES

Penalty charge notice

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• (1) Where a road user charge with respect to a motor vehicle under a charging scheme has not been paid by the time by which it is required by the charging scheme to be paid and, in those circumstances, the charging scheme provides for the payment of a penalty charge, the charging authority may serve a notice (a “penalty charge notice”).

• (2) A penalty charge notice must be served on the registered keeper of the motor vehicle unless, in accordance with regulation 6, the penalty charge to which it relates is payable by another person, in which case the penalty charge notice must be served on that other person.

• (3) A penalty charge notice must state—

• (a) the date of the notice, which must be the date on which it is posted or sent by electronic transmission;

• (b) the name of the charging authority;

• (c) the registration mark of the motor vehicle to which it relates;

• (d) the date and time at which the charging authority claims that the motor vehicle was used or kept on the designated road in circumstances in which, by virtue of a charging scheme, a road user charge was payable in respect of the motor vehicle;

• (e) the grounds on which the charging authority believes that the penalty charge is payable with respect to the motor vehicle;

• (f) the amount of penalty charge that is payable if the penalty charge is paid in full—

• (i) within 14 days of the day on which the penalty charge notice is served;

• (ii) after the expiry of such 14 day period but within 28 days of the day on which the penalty charge notice is served;

• (iii) after the service of a charge certificate;

• (g) the manner in which the penalty charge must be paid and the address to which payment of the penalty charge must be sent;

• (h) that the recipient of the penalty charge notice is entitled to make representations to the charging authority against the imposition of the penalty charge on any of the grounds specified in regulation 8(3);

• (i) the address (including if appropriate any email address or fax telephone number, as well as the postal address) to which such representations must be sent and the form in which they must be made;

• (j) that the charging authority may disregard any such representations received by it more than 28 days after the penalty charge notice was served; and

• (k) in general terms, the form and manner in which an appeal to an adjudicator may be made.

Representations against penalty charge notice

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• (1) Where it appears to the person on whom the penalty charge notice is served (“the recipient”) that—

• (a) one or more grounds mentioned in paragraph (3) apply; or