The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022
UK Statutory Instrument 2022 No. 576 — creates 4 criminal offences.
- Made
- 23 May 2022
- In force from
- Not determined
- Extent
- Not stated
- Subject
- Road traffic and vehicles
- Made under
- Road Traffic Regulation Act 1984, Traffic Management Act 2004
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations make provision entitling persons— a who are or may be liable to pay penalty charges in respect of parking contraventions (in and outside Greater London), bus lane contraventions outside Greater London and moving traffic contraventions outside Greater London (“relevant road traffic contraventions”), b who pay charges to secure the release of vehicles which have been immobilised or removed on account of such contraventions, to make representations to enforcement authorities regarding their liability for the charges and to appeal to an adjudicator if the representations are not accepted. These Regulations apply only in England. These Regulations should be read with the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations (S.I. 2022/71) (“the General Regulations”). Part 1 makes provision for preliminary matters. Part 2 makes provision about the information to be included in certain notices served in relation to relevant road traffic contraventions under the General Regulations about a person’s right to make representations or bring an appeal under these Regulations. This Part also makes provision about the making of representations against enforcement notices and the duties of an enforcement authority if they receive such representations. This Part also provides for an appeal to an adjudicator if the enforcement authority does not accept those representations. Part 3 makes similar provision for the making of representations and appeals in relation to vehicles which have been immobilised in accordance with the General Regulations and in respect of which a person has had to pay a charge to have the vehicle released. Part 4 makes similar provision for the making of representations and appeals in relation to vehicles which have been removed and stored or disposed of in accordance with the Road Traffic Regulation Act 1984 and regulations made under it. Part 5 makes provision about the procedure to be followed in connection with an appeal under these Regulations. In addition, it creates an offence of making false or reckless representations under Parts 2, 3 or 4, or otherwise in connection with an appeal under, these Regulations. Part 6 of these Regulations revokes the Civil Enforcement of Parking Contraventions (England) Regulations 2007 (S.I. 2007/3482) and makes related savings and transitional provisions. This Part also makes various consequential amendments to other existing legislation. A de minimis impact assessment has been prepared for this instrument and is available on www.legislation.gov.uk. An Explanatory Memorandum has been published alongside this instrument at www.legislation.gov.uk.
Offences created by this instrument
- Adjudicator’s power to require attendance of witnesses and production of documents paragraph 5(7) of SCHEDULE 1 · Status not determined · Strict liability
- Adjudicator’s power to require attendance of witnesses and production of documents paragraph 5(7)(a) of SCHEDULE 1 · Status not determined · Strict liability
- Adjudicator’s power to require attendance of witnesses and production of documents paragraph 5(7)(b) of SCHEDULE 1 · Status not determined · Strict liability
- False representations regulation 18(1) · Status not determined · Requires proof of a state of mind
What Parliament said about it
Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.
- Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022
Lords · Grand Committee · 25 April 2022 · Baroness Vere of Norbiton
That the Grand Committee do consider the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022. Relevant document s: 29th and 34th Reports from the Secondary Legislation Scrutiny Committee
- Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 Lords · Grand Committee · 25 April 2022
- Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 Lords · Lords Chamber · 26 April 2022
- Draft Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022
Commons · General Committees · 27 April 2022 · The Parliamentary Under-Secretary of State for Transport (Trudy Harrison)
I beg to move, That the Committee has considered the draft Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022. It is a pleasure to serve under your chairmanship, Mr Robertson. The regulations before the Committee meet a commitment laid out by the Prime Minister in the 2020 policy statement “Gear Change: A bold vision for cycling and walking” to give local authorities outside London the powers conferred in part 6 of the Traffic Management Act 2004 to enforce contraventions of moving traffic restrictions. The powers have been commenced to…
- Draft Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 Commons · General Committees · 27 April 2022
How Parliament handled it
Parliament's Statutory Instruments service has no record of this instrument, although it covers the period. Nothing is inferred from that.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2022