UK Offence Report

Contravention of The M6 Toll (Collection of Tolls) Regulations 2003

the instrument as a whole of The M6 Toll (Collection of Tolls) Regulations 2003

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

Contravening this instrument is an offence under sections

5 and 17(4) of the Road Traffic Regulation Act 1984. The instrument itself contains no offence-creating words.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
breaching the provision
Fault element
Strict liability
Burden of proof
Not determined

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

Classifier’s reasoning: contravention offences of this kind are strict as to the breach; the fault position is governed by the parent Act and was not read from it.

What would breach the instrument as a whole?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing what the provision prohibits, or failing to do what it requires under the M6 Toll (Collection of Tolls) Regulations 2003.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to sections 5 and 17(4) of the Road Traffic Regulation Act 1984.

the penalty is in the parent Act, not in this instrument.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
21 August 2003
In force from
25 September 2003
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations apply to the M6 Toll (formerly the Birmingham Northern Relief Road) and relate to the operation of this motorway and the collection of tolls. The Regulations provide for the following matters— The manner in which and the places at which the prescribed tolls are to be paid and the prohibition of traffic from passing a toll-booth unless a green light is showing or exit barrier raised or the driver is allowed or directed to proceed (regulation 3). A requirement for drivers to provide their name and address to a constable or appointed person if the toll is not paid (regulation 4). The imposition of a reasonable charge if the toll remains unpaid and removal of the vehicle is required (regulation 5). A power for appointed persons to regulate traffic on the approach to and through the toll lanes if it is necessary or expedient for the collection of tolls to do so (regulations 6). The prohibition of persons from obstructing an appointed person in any actions taken to ensure the road is not used by vehicles without payment of a toll or in the regulation of traffic on the approach to and through the toll lanes (regulation 7). The prohibition of persons from using a toll lane which is indicated to be out of use (regulation 8). The Motorways Traffic (England and Wales) Regulations 1982 are modified in their application to the M6 Toll to allow a person to use the motorway in connection with the collection and payment of tolls (regulation 9). The Removal and Disposal of Vehicles Regulations 1986 are modified to give an appointed person powers in respect of the removal of vehicles on the M6 Toll (regulation 10).

Read the full note and every offence in this instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.65.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.65 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source