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

• (a) against a party (including an appellant who has withdrawn an appeal or a charging authority which has consented to an appeal being allowed) if the adjudicator considers that the party has acted frivolously or vexatiously or that their conduct in making, pursuing or resisting an appeal was wholly unreasonable; or

• (b) against the charging authority where the adjudicator considers that the decision made by it giving rise to the appeal was wholly unreasonable.

• (2) An order must not be made under sub-paragraph (1) against a party unless that party has been given an opportunity of making representations against the making of the order.

• (3) An order under sub-paragraph (1) must require the party against whom it is made to pay to the other party a specified sum in respect of the costs and expenses incurred by that other party in connection with the proceedings.

Consolidation of proceedings

14

• (1) Where there are pending two or more appeals and at any time it appears to an adjudicator that—

• (a) some common question of law or fact arises in both or all appeals; or

• (b) for some other reason it is desirable to make an order under this paragraph,

the adjudicator may order that both or all of the appeals, or those specified in the order, are to be considered together and may give such consequential directions as may appear to the adjudicator to be necessary.

• (2) An order must not be made under this paragraph unless all parties concerned have been given an opportunity of making representations against the making of the order.

Miscellaneous powers of adjudicators

15

• (1) An adjudicator may—

• (a) extend the time appointed by or under this Schedule for doing any act notwithstanding that the time appointed has expired;

• (b) if an appellant at any time gives notice of the withdrawal of an appeal, dismiss the proceedings;

• (c) if the charging authority consents to an appeal being allowed, allow the appeal;

• (d) if both or all of the parties agree in writing on the terms of a decision to be made by an adjudicator, decide accordingly; or

• (e) adjourn a hearing.

• (2) An adjudicator may exercise the powers conferred by this Schedule (other than paragraph 12) on the application of a party or on the adjudicator’s own motion.

Clerical errors

16

Clerical errors in any document recording a direction or decision of the adjudicator, or errors in such a document arising from an accidental slip or omission, may be corrected by the proper officer on the direction of the adjudicator.

PART 3 — SERVICE OF DOCUMENTS AND NOTICES IN ADJUDICATION PROCEEDINGS

Service of documents on the parties

17

• (1) This paragraph has effect in relation to any notice or other document required or authorised by these Regulations to be served on a party to an appeal.

• (2) A document is to be regarded as having been served on that party if it is—

• (a) delivered to that party;

• (b) left at that party’s proper address

• (c) sent by first class post to that party at that address; or

• (d) transmitted to that party by fax or other means of electronic transmission in accordance with sub-paragraph (3).

• (3) A document may be transmitted to a party by fax or by other means of electronic transmission where—

• (a) the party has indicated in writing to the party sending the notice or document that this form of communication is acceptable if it is transmitted to a specified fax telephone number or, as the case may be, a specified electronic address or website; and

• (b) the document is transmitted to that number, address or website.

• (4) In the case of an enforcement authority, an indication under sub-paragraph 3(a) may be expressed to apply in relation to any appeal to which it is the respondent.

• (5) Where the proper address includes a box number at a document exchange the service of such a document may be effected by leaving the document addressed to that box number—

• (a) at that document exchange; or

• (b) at a document exchange which transmits documents every working day to that exchange,

and any such document so left is to be taken, unless the contrary is proven, to have been served on the second working day after the day on which it was left.

• (6) For the purposes of this Schedule, and of section 7 (references to service by post) of the Interpretation Act 1978[^f00018] (“the 1978 Act”) in its application to this paragraph—

• (a) the proper address of the appellant is the address for service specified under paragraph 2(2)(b) or, if such an address is so specified, the address specified under paragraph 2(2)(c) or ascertained in accordance with sub-paragraph (7), and

• (b) the proper address of a charging authority in proceedings in which it is the respondent is such address as the charging authority may from time to time specify in a notice delivered to the proper officer as being the charging authority’s address for service in all such proceedings.

• (7) If no address for service has been specified, the proper address for the purposes of this Schedule, and section 7 of the 1978 Act, is—

• (a) in the case of an individual, their usual or last known address;

• (b) in the case of a partnership, the principal or last known place of business of the firm within the United Kingdom;

• (c) in the case of an incorporated or unincorporated body, the registered or principal office of the body.

• (8) A party may at any time, by notice in writing served on the proper officer, change their proper address for the purposes of this Schedule and section 7 of the 1978 Act.

• (9) A party may, by notice in writing served on the proper officer, vary or revoke any indication given under sub-paragraph (3)(a).

• (10) Unless the contrary is proved, a notice or document—

• (a) delivered to a party or left at the proper address of a party is to be taken to have been served on the first working day after the day on which it was delivered or left;

• (b) sent by first class post is taken to have been served at the time at which the notice or document would be delivered in the ordinary course of post;

• (c) sent by fax or other means of electronic transmission is to be taken to have been served on the first working day after the day on which it was transmitted.

Service of notices or documents to the proper officer

18

• (1) This paragraph has effect in relation to any notice or other document required or authorised by or under this Schedule to be served on the proper officer.

• (2) Any such notice or document may be served on the proper officer by being transmitted to the proper officer by fax or other means of electronic transmission, but only to a telephone number or, as the case may be, electronic address or website for the time being published by the proper officer for the purpose of accepting service of such notices or documents.

• (3) Unless the contrary is proved, any notice or document transmitted to the proper office in accordance with sub-paragraph (2) is to be taken to have been delivered on the second working day after the day on which it was transmitted.

• (4) Where the address of the proper officer includes a box number at a document exchange the service of such a document may be effected by leaving the document addressed to that box number—

• (a) at that document exchange; or

• (b) at a document exchange which transmits documents every working day to that exchange,

and any such document so left is to be taken, unless the contrary is proved, to have been served on the second working day after the day on which it was left.

• (5) Paragraphs 2(2)(a) and 4(4)—

• (a) are satisfied, in the case of a document transmitted by facsimile copy, if a copy of the signature of the relevant person appears on the transmitted copy; and

• (b) do not apply in relation to a document transmitted by other means of electronic transmission.

PART 4 — DIRECTIONS AS TO INVALID NOTICES

Scope of Part 4

19

Paragraph 20 applies where—

• (a) the order of a county court which has been made against a person (“a relevant person”) in accordance with regulation 18 is deemed under regulation 19(4) to have been revoked following the making of a witness statement; and

• (b) the charging authority has referred the case to the adjudicator for directions.

Procedure

20

• (1) In a case to which this paragraph applies—

• (a) the proper officer must enter particulars of the case in the register; and

• (b) the adjudicator must give directions as to the conduct of the proceedings unless the adjudicator decides that no such directions are necessary.

• (2) The adjudicator may, in particular—

• (a) if it appears to the adjudicator that no appeal has been made by the relevant person in relation to the subject matter of the case, direct that the case proceed as an appeal and, in that event, this Schedule (except paragraphs 2 and 3) applies as if an appeal had been duly made by the relevant person; or

• (b) if it appears to the adjudicator that an appeal has been made by the relevant person in relation to the subject matter of the case and that the appeal has been dismissed, direct that the case proceed as an application under paragraph 12 to review that decision.

PART 5 — THE REGISTER

The register

21

• (1) The proper officer must establish and maintain, in accordance with the following provisions of this paragraph, a register for the purpose of recording proceedings conducted under these Regulations.

• (2) The register must be kept open for inspection by any person without charge at all reasonable hours at the principal office of the adjudicators.

• (3) The register may be kept in electronic form.

• (4) If the register is kept in electronic form, the duty to allow inspection is to be treated as a duty to allow inspection of a reproduction in legible form of the recording of the entry the inspection of which is being sought.

• (5) A document purporting to be certified by the proper officer to be a true copy of any entry of a decision in the register is to be evidence of the entry and of the matters contained in it.

Signed

Signed on behalf of the Secretary of State for Transport

Stephen Hammond — Parliamentary Under Secretary of State — Department for Transport — 11th July 2013

Signed by authority of the Lord Chancellor

Helen Grant — Parliamentary Under Secretary of State — Ministry of Justice — 16th July 2013

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision for the civil enforcement of a penalty charge imposed in respect of a motor vehicle by a road user charging scheme made under Part 3 of the Transport Act 2000 (c.38).

Part 1 (regulations 1 to 3) deals with preliminary matters. Regulation 1(3) provides that these Regulations do not apply to the enforcement of road user charges imposed by the County Council of Durham (Market Place leading to Saddler Street, Durham City) (Road User Charging Scheme) Order 2002. Regulation 2 defines words and terms used in the Regulations. Regulation 3 contains provisions dealing with the service of penalty charge notices and other documents, apart from in adjudication proceedings (in which case Part 3 of the Schedule applies) or where notices or orders are being served by a county court.

Part 2 (regulations 4 to 6) deals with the imposition of, amount and liability for penalty charges. Regulation 4 explains the circumstances in which a penalty charge will be payable. Regulation 5 requires that the rates of penalty charge imposed by a charging authority are to be specified in the charging scheme or communicated to users of the road over which they apply. Regulation 5 also prescribes the maximum level of penalty charge that a charging scheme may impose for the use of a designated road and where the powers exercisable in respect of motor vehicles described in Part 6 are exercised. Regulation 6 explains that primary liability for a penalty charge resides with the registered keeper of a vehicle, but may be transferred to another person in the circumstances specified.

Part 3 (regulations 7 to 11) contains provisions about penalty charge notices. Regulation 7 explains when a penalty charge notice can be served and what information it must contain. Regulation 8 explains the right of the recipient of a penalty charge notice to make representations to the charging authority, which may accept the representations and cancel the penalty charge notice under regulation 9, or reject the representations under regulation 10. Regulation 11 explains the right to appeal to an adjudicator against a refusal by the charging authority to accept any representations made.

Part 4 (regulations 12 to 16) makes provision for the appointment of road user charging scheme adjudicators, their procedure and the recovery of sums that are the subject of an adjudicator’s award.

Part 5 (regulations 17 to 20) provides for the civil enforcement of penalty charges. Where a penalty charge remains unpaid after the relevant period specified in regulation 17, the charging authority may issue a charge certificate, after which, in accordance with regulation 18, if the penalty charge continues to remain unpaid the sum due may be enforced as if it were payable under a county court order. Any sum to be paid under an adjudication or unpaid penalty charge which in either case is recoverable as if it was payable under a county court order may, under regulation 20, be enforced in accordance with the Enforcement of Road Traffic Debts Order 1993 (S.I. 1993/2073).

Part 6 (regulations 21 to 31) explain the range of enforcement powers in respect of motor vehicles that a charging authority may provide for in a charging scheme.

The powers to examine and enter motor vehicles in regulations 22 and 23 apply to any motor vehicle where the charging scheme so provides and enable an authorised person (as defined by regulation 21) to ascertain that any document or equipment required by the charging scheme to be carried, used or displayed in a motor vehicle is being properly carried, used or displayed. Regulation 24 allows items to be seized (if the charging scheme so provides) if they are evidence of the commission of an offence under section 173(5) or (6) of the Transport Act 2000.

Where there are three or more unpaid penalty charges in respect of a vehicle, the registered keeper’s address cannot be ascertained, a period of 14 days from the date on which the third unpaid penalty charge was imposed has elapsed and the charging scheme so provides the motor vehicle may be immobilised (regulation 25), removed (regulation 27) and, if not released or returned, disposed of (regulation 28) to recover such unpaid penalty charges (and, where the charging scheme provides, any unpaid road user charges).

Regulation 30 provides that a person may take possession of a removed motor vehicle subject to the conditions stated, including payment of all unpaid road user charges and penalty charges. Regulation 31 allows the keeper of a motor vehicle that has been disposed of to recover any excess proceeds following payment of all unpaid road user charges and penalty charges provided the claim is made within one year of such disposal.

Part 7 (regulations 32 to 37) provides for representations to be made to the charging authority, and appeals to be made to an adjudicator, arising from the exercise of the powers to immobilise, remove or dispose of a motor vehicle. The charging authority may accept such representations and make an appropriate refund under regulation 33 or 36, or reject them. Where the charging authority rejects the representations an appeal to an adjudicator may be made under regulation 34 or 37.

The Schedule to the Regulations provides for the procedure for appeals to an adjudicator against the issue of a penalty charge notice or the exercise of powers in respect of a motor vehicle.

A regulatory impact assessment has not been produced for this instrument as it has negligible impact on the costs of business. An Explanatory Memorandum is available alongside the instrument on the UK legislation website, www.legislation.gov.uk

Footnotes

[^f00001]: 2000 c.38. Section 198(1) of the Act contains definitions of “charging authority”, “charging scheme”, “charging scheme penalty charges”, “motor vehicle”, “registered keeper” and “road”. The powers conferred by section 163(2)(b), 173(1) and (3)(b) and 175(1) are conferred on “the appropriate national authority”. By virtue of section 198(1) the Secretary of State is the appropriate national authority in relation to charging schemes relating only to England. Section 174(1)(bb) was substituted by the Local Transport Act 2008 (c.26) section 115(2)(a); section 174(2)(a) was amended by sections 115(2)(b) and (c) of that Act and section 174(2)(b) was also amended by section 115(2)(c) of that Act.

[^f00003]: S.I. 1998/3132. Relevant amending instruments for Rule 22.1 are S.I. 2001/1769, 2001/4015 and 2004/3419.

[^f00004]: 1994 c.22.

[^f00005]: 1971 c.80.

[^f00006]: S.I. 2002/2742. Relevant amending instruments for regulation 22 are S.I. 2003/3073, 2003/2154, 2004/238, 2004/1773 and 2007/1018. Relevant amendments were made to regulation 23 by S.I. 2003/3073. Relevant amending instruments for regulation 24 are S.I. 2003/3073, 2004/238, 2004/1773, 2007/1018, 2003/2154, 2004/238, 2004/1773 and 2007/1018.

[^f00007]: 1978 c.30.

[^f00009]: 1994 c.22.

[^f00010]: 2000 c.38.

[^f00011]: S.I. 2007/3483

[^f00012]: S.I. 1993/2073, amended by SI 2001/1386.

[^f00013]: 2000 c.38. Section 173(5)(a) was amended by the Local Transport Act 2008 (c.26) section 115(1).

[^f00014]: 2000 c.26.

[^f00015]: 1994 c22.

[^f00016]: 1970 c.44; section 21 was amended by the Disabled Persons’ Parking Badges Act 2013 (c.4) sections 1(1) to (5), 2(1) to (4), 4(1) to (4), 5(1) and (2) and 6, the Local Government Act 1972 (c.70) section 272(1) and Schedule 30, the Transport Act 1982 (c.49) section 68, the Road Traffic Regulation Act 1984 (c.27) section 146 and Schedule 13, the Local Government Act 1985 (c.51) section 8 and Schedule 5 paragraph 1, the Road Traffic Act 1991 (c.40) sections 35(2) to (5) and 83 and Schedule 8, the Traffic Management Act 2004 (c.18) section 94(1) to (4), the Disability Discrimination Act 2005 (c.13) section 19(1), Schedule 1 Part 2 paragraph 41 and the Tribunals, Courts and Enforcement Act 2007 (c.15) section 48(1) and Schedule 8 paragraph 2.

[^f00017]: Section 21A inserted by the Disability Discrimination Act 2005 (c.13) section 9.

[^f00018]: 1978 c.30.

Editorial notes

[^key-d7f31d701131cd11f53c60ec7ede23e9]: Reg. 6 in force at 2.9.2013, see reg. 1(1)

[^key-db35054afee843aafb1ce34bad41bd01]: Reg. 9 in force at 2.9.2013, see reg. 1(1)

[^key-844c374f72b9bbc233a00d05f5c01878]: Reg. 2 in force at 2.9.2013, see reg. 1(1)

[^key-e7e1dd1e968ea93ba609d76bae56be75]: Reg. 12 in force at 2.9.2013, see reg. 1(1)

[^key-e0b6fc921bbc719285ef7671e7107d60]: Reg. 1 in force at 2.9.2013, see reg. 1(1)

[^key-038c5115e41c98ddc4c2000819d287c6]: Reg. 3 in force at 2.9.2013, see reg. 1(1)

[^key-3b7431aa85be7489c47866b1279d4a09]: Reg. 4 in force at 2.9.2013, see reg. 1(1)

[^key-6679373333cc05bccd28a784efbdfd1f]: Reg. 5 in force at 2.9.2013, see reg. 1(1)

[^key-25a4303f2539da73a380f7f55d17b65b]: Reg. 7 in force at 2.9.2013, see reg. 1(1)

[^key-0f100923a347577590c3730e14658218]: Reg. 8 in force at 2.9.2013, see reg. 1(1)

[^key-ea3b2ddc64a38b4dc414d582ce273919]: Reg. 10 in force at 2.9.2013, see reg. 1(1)

[^key-1b4e2281a8c7963894b3ef1520f880ec]: Reg. 11 in force at 2.9.2013, see reg. 1(1)

[^key-262e3581e4d38c4e54c22da333acc97c]: Reg. 13 in force at 2.9.2013, see reg. 1(1)

[^key-4e82e7cd71e8e78b5afdbb8bb69f58e9]: Reg. 14 in force at 2.9.2013, see reg. 1(1)

[^key-5483a6fb3446f2ff95b716b7f51fd8f9]: Reg. 15 in force at 2.9.2013, see reg. 1(1)

[^key-b12b534dd0165b927f70ad553ad5638c]: Reg. 16 in force at 2.9.2013, see reg. 1(1)

[^key-d7f37fc55d1f3b9c9c183452a6557e7c]: Reg. 17 in force at 2.9.2013, see reg. 1(1)

[^key-a5c4bf45cce304cfcceb2278bb3ba7bb]: Reg. 18 in force at 2.9.2013, see reg. 1(1)

[^key-cbe11d063c914d85926fc658db01972b]: Reg. 19 in force at 2.9.2013, see reg. 1(1)

[^key-ad2799f87e688038fe75512db103dc32]: Reg. 20 in force at 2.9.2013, see reg. 1(1)

[^key-dd8b6c558345b764f3a108dfb446015a]: Reg. 21 in force at 2.9.2013, see reg. 1(1)

[^key-dd7f916401ca66131f6ff1eb1d0a5b86]: Reg. 22 in force at 2.9.2013, see reg. 1(1)

[^key-a80a7f599e5136d58712c12abbd25f3f]: Reg. 23 in force at 2.9.2013, see reg. 1(1)

[^key-7bf9af1b4c4d9b16fc002aa2f53b605d]: Reg. 24 in force at 2.9.2013, see reg. 1(1)

[^key-c03ad3ea0450b9761557e734a18d6afc]: Reg. 25 in force at 2.9.2013, see reg. 1(1)

[^key-0665f88fed1c991a027976a9b63b3739]: Reg. 26 in force at 2.9.2013, see reg. 1(1)

[^key-eccd4ed55016fecb2ba21180c0fd8584]: Reg. 27 in force at 2.9.2013, see reg. 1(1)

[^key-9a6ee81f8f9a62e6e17613d93a41c878]: Reg. 28 in force at 2.9.2013, see reg. 1(1)

[^key-15f237815b6e090ae6838362e54153e3]: Reg. 29 in force at 2.9.2013, see reg. 1(1)

[^key-043d4c26e9f134bf81de2334068ce47c]: Reg. 30 in force at 2.9.2013, see reg. 1(1)

[^key-5450a8a2998ab68533a33892a42dc260]: Reg. 31 in force at 2.9.2013, see reg. 1(1)

[^key-bb2c353cb11d0fc6bd4bdf1b6ce66086]: Reg. 32 in force at 2.9.2013, see reg. 1(1)

[^key-738a9eec43b48643db0ea979d9d46d9c]: Reg. 33 in force at 2.9.2013, see reg. 1(1)

[^key-63a4ae329ecd4f92a08592778f0f0ef4]: Reg. 34 in force at 2.9.2013, see reg. 1(1)

[^key-bd2412fbf26385dc57f211a6f8ffa025]: Reg. 35 in force at 2.9.2013, see reg. 1(1)

[^key-88f06dc6267c060ad8dd0ff1068658a7]: Reg. 36 in force at 2.9.2013, see reg. 1(1)

[^key-91c47f27bba5e59096addde32dfbf5ed]: Reg. 37 in force at 2.9.2013, see reg. 1(1)

[^key-49174432f3bdb243712e278f90ff2cc1]: Sch. para. 1 in force at 2.9.2013, see reg. 1(1)

[^key-72063095b042c76091b984893167b028]: Sch. para. 2 in force at 2.9.2013, see reg. 1(1)

[^key-91a8d591f2b1ab22166d59b3a10b4830]: Sch. para. 3 in force at 2.9.2013, see reg. 1(1)

[^key-a8d5c608d0b7bd09200f72373068d0a7]: Sch. para. 4 in force at 2.9.2013, see reg. 1(1)

[^key-7fbce527f4261ea04f7d561d540eb4a1]: Sch. para. 5 in force at 2.9.2013, see reg. 1(1)

[^key-b9d11949bcca8a450ec6c1d16b7a0766]: Sch. para. 6 in force at 2.9.2013, see reg. 1(1)

[^key-022fe3579ce1d49d11e62b566e1c86a5]: Sch. para. 7 in force at 2.9.2013, see reg. 1(1)

[^key-2c378866d6cde68b29fa012857558a43]: Sch. para. 8 in force at 2.9.2013, see reg. 1(1)

[^key-39304db8d9c073d32626e2af83844ad1]: Sch. para. 9 in force at 2.9.2013, see reg. 1(1)

[^key-d580fd746a86afc38fd628fae56007ea]: Sch. para. 10 in force at 2.9.2013, see reg. 1(1)

[^key-c81325d28d730be005db31e68c72e420]: Sch. para. 11 in force at 2.9.2013, see reg. 1(1)

[^key-cd66b1f24e985b3352a0a1a90d3c8ecf]: Sch. para. 12 in force at 2.9.2013, see reg. 1(1)

[^key-0ceea17e95bfae6ece61faeb8413fec1]: Sch. para. 13 in force at 2.9.2013, see reg. 1(1)

[^key-9fe95132657a4a2ce6dd755695707847]: Sch. para. 14 in force at 2.9.2013, see reg. 1(1)

[^key-76a2040f2571f59ceb0123d8d8ef70a8]: Sch. para. 15 in force at 2.9.2013, see reg. 1(1)

[^key-da55484c3ac5748a73cfadfa438e6601]: Sch. para. 16 in force at 2.9.2013, see reg. 1(1)

[^key-941dc3e05cc5f962d414c67592852432]: Sch. para. 17 in force at 2.9.2013, see reg. 1(1)

[^key-9864a620af0ea03e87e1b16df60f7ce6]: Sch. para. 18 in force at 2.9.2013, see reg. 1(1)

[^key-066d0988e67961c616777efaed0d28bd]: Sch. para. 19 in force at 2.9.2013, see reg. 1(1)

[^key-2c0f43921abdda0d97747d5577be1c5e]: Sch. para. 20 in force at 2.9.2013, see reg. 1(1)

[^key-3da6410dbcb88475401163842c6bff9a]: Sch. para. 21 in force at 2.9.2013, see reg. 1(1)

[^key-72ba928f821fbe095d3ebcc0a5d5c6e1]: Reg. 6(5) substituted (14.2.2014) by The Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) (Amendment) Regulations 2014 (S.I. 2014/81), regs. 1, 3(1)(a)

[^key-49ffdf971a9c159211792b19f864c748]: Reg. 6(7)(c) substituted (14.2.2014) by The Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) (Amendment) Regulations 2014 (S.I. 2014/81), regs. 1, 3(1)(b)

[^key-094850769fbf8be7f97403063017a4b5]: Reg. 9(1)(c) substituted (14.2.2014) by The Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) (Amendment) Regulations 2014 (S.I. 2014/81), regs. 1, 4

[^key-9daa01900a66f2778f53cb550d70c7a2]: Words in reg. 2(1) substituted (E.) (31.5.2022) by The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 (S.I. 2022/71), reg. 1(2), Sch. 4 para. 5(2)

[^key-fff5d8fba82acba345a5eb6be95c4e0b]: Words in reg. 12(2) inserted (E.) (31.5.2022) by The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 (S.I. 2022/71), reg. 1(2), Sch. 4 para. 5(3)