Transport Bill - continued        House of Lords
PART III, ROAD USER CHARGING AND WORKPLACE PARKING LEVY - continued
Making of charging schemes - continued

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Charging schemes: consultation and inquiries.     169. - (1) The charging authority or the charging authorities (acting jointly) may at any time before an order making, varying or revoking a charging scheme under this Part is made, consult other persons about the charging scheme, variation or revocation.
 
      (2) The charging authority or the charging authorities (acting jointly)-
 
 
    (a) may cause an inquiry to be held in relation to a charging scheme under this Part, or the variation or revocation of such a scheme, and
 
    (b) may appoint the person or persons by whom such an inquiry is to be held.
      (3) The appropriate national authority may at any time-
 
 
    (a) before an order making or varying a charging scheme under this Part (other than a trunk road charging scheme) is made, or
 
    (b) (where such an order has to be confirmed) before it is confirmed,
       consult other persons, or require the charging authority or authorities to consult other persons, about the charging scheme or variation.
 
      (4) The appropriate national authority-
 
 
    (a) may cause an inquiry to be held in relation to a charging scheme under this Part (other than a trunk road charging scheme) or the variation of such a scheme, and
 
    (b) may appoint the person or persons by whom such an inquiry is to be held.
      (5) In the case of a joint local-London charging scheme-
 
 
    (a) the Greater London Authority may, at any time before an order making, varying or revoking the charging scheme is confirmed by that Authority, consult other persons, or require the charging authorities to consult other persons, about the charging scheme, variation or revocation, and
 
    (b) the Secretary of State shall not cause an inquiry to be held in relation to the charging scheme, or the variation of the charging scheme, or appoint the person or persons by whom such an inquiry is to be held, without the consent of the Greater London Authority.
      (6) Subsections (2) and (3) of section 250 of the Local Government Act 1972 (witnesses at local inquiries) apply in relation to any inquiry held by virtue of this section.
 
      (7) Where an inquiry is held by virtue of this section in relation to a charging scheme, or the variation or revocation of such a scheme, the costs of the inquiry shall be paid-
 
 
    (a) in the case of a trunk road charging scheme made by virtue of section 166(2)(b), by the local traffic authority which requested the making of the scheme (or Transport for London, if it did), and
 
    (b) in any other case, by the charging authority or authorities;
       and the parties at the inquiry shall bear their own costs.
 
 
Contents of charging schemes
Matters to be dealt with in charging schemes.     170. - (1) A charging scheme under this Part must-
 
 
    (a) designate the roads in respect of which charges are imposed,
 
    (b) specify or describe the events by reference to the happening of which a charge is imposed in respect of a motor vehicle being used or kept on a road,
 
    (c) specify the classes of motor vehicles in respect of which charges are imposed,
 
    (d) specify the charges imposed, and
 
    (e) state whether or not the charging scheme is to remain in force indefinitely and, if it is not to remain in force indefinitely, the period for which it is to remain in force.
      (2) Subject to sections 163 to 166 and to any modifications made by virtue of section 168, the designation of the roads in respect of which charges are imposed by a charging scheme under this Part shall be such as the charging authority or authorities may determine.
 
      (3) Any charge imposed by a charging scheme under this Part in respect of the keeping of a motor vehicle on a road must also have effect in respect of the use of the motor vehicle on that road.
 
      (4) A charging scheme under this Part may make provision in relation to the manner in which charges are to be made, collected, recorded and paid.
 
      (5) The charges that may be imposed by a charging scheme under this Part include different charges (which may be no charge) for different cases, including (in particular)-
 
 
    (a) different days,
 
    (b) different times of day,
 
    (c) different roads,
 
    (d) different distances travelled, and
 
    (e) different classes of motor vehicles.
      (6) In setting the charges imposed by a charging scheme under this Part, regard may be had to the purposes for which any of the net proceeds of the charging scheme may be applied (in accordance with Schedule 12).
 
      (7) A charging scheme under this Part may contain provision requiring-
 
 
    (a) documents to be displayed while a motor vehicle is on a road in respect of which charges are imposed, or
 
    (b) equipment to be carried in or fitted to a motor vehicle while it is on such a road.
Charging schemes: exemptions etc.     171. - (1) The appropriate national authority may make regulations requiring charging schemes under this Part to contain provision for or in connection with-
 
 
    (a) exemptions from charges,
 
    (b) the application of reduced rates of charges, or
 
    (c) the imposition of limits on the charges payable.
      (2) Subject to regulations under subsection (1) and to section 168(1) and (3), a charging scheme under this Part may contain provision of any of the descriptions specified in that subsection.
 
      (3) A road shall not be subject to charges imposed by more than one charging scheme under this Part, or by such a charging scheme and a scheme under Schedule 23 to the Greater London Authority Act 1999, at the same time.
 
      (4) A road shall not be subject to charges under a charging scheme under this Part if tolls are charged in respect of the use of the road.
 
 
Enforcement of charging schemes
Penalty charges.     172. - (1) The appropriate national authority may by regulations make provision for or in connection with the imposition and payment of charges ("charging scheme penalty charges") in respect of acts, omissions, events or circumstances relating to or connected with charging schemes under this Part.
 
      (2) The regulations may include provision for or in connection with setting the rates of charging scheme penalty charges (which may include provision for discounts or surcharges).
 
      (3) Charging scheme penalty charges in respect of any motor vehicle shall be paid-
 
 
    (a) by the registered keeper of the motor vehicle, or
 
    (b) in circumstances specified in regulations made by the appropriate national authority, by such person as is so specified.
      (4) The Lord Chancellor may make regulations about the notification, adjudication and enforcement of charging scheme penalty charges.
 
      (5) A person commits an offence if with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by a charging scheme under this Part-
 
 
    (a) he interferes with any equipment used for or in connection with charging under the charging scheme, or
 
    (b) he causes or permits the registration plate of a motor vehicle to be obscured.
      (6) A person commits an offence if he makes or uses any false document with intent to avoid payment of, or being identified as having failed to pay, charges imposed by a charging scheme under this Part or charging scheme penalty charges.
 
      (7) A person commits an offence if he removes a notice of a charging scheme penalty charge which has been fixed to a motor vehicle in accordance with regulations under this section unless-
 
 
    (a) he is the registered keeper of the vehicle or a person using the vehicle with his authority, or
 
    (b) he does so under the authority of the registered keeper or such a person or of the charging authority or any of the charging authorities.
      (8) A person guilty of an offence under subsection (5) or (6) is liable on summary conviction to-
 
 
    (a) a fine not exceeding level 5 on the standard scale, or
 
    (b) imprisonment for a term not exceeding six months,
       or to both.
 
      (9) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
 
Examination, entry, search and seizure.     173. - (1) The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to confer powers on persons specified in, or determined in accordance with, the regulations for or in connection with examining a motor vehicle for ascertaining-
 
 
    (a) whether any document required to be displayed while the motor vehicle is on a road in respect of which charges are imposed is so displayed,
 
    (b) whether any equipment required to be carried in or fitted to the motor vehicle while the motor vehicle is on such a road is carried or fitted, is in proper working order or has been interfered with with intent to avoid payment of, or being identified as having failed to pay, a charge, or
 
    (c) whether any conditions relating to the use of any such equipment are satisfied.
      (2) The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to confer power on any person authorised in writing by the charging authority, or any of the charging authorities, to enter a motor vehicle where he has reasonable grounds for suspecting that-
 
 
    (a) any equipment required to be carried in or fitted to it while it is on a road in respect of which charges are imposed has been interfered with with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by the charging scheme, or
 
    (b) there is in the motor vehicle a false document which has been made or used with intent to avoid payment of, or being identified as having failed to pay, such a charge.
      (3) A person commits an offence if he intentionally obstructs a person exercising any power conferred on him by a charging scheme under this Part by virtue of subsection (2).
 
      (4) A person guilty of an offence under subsection (3) is liable on summary conviction to-
 
 
    (a) a fine not exceeding level 5 on the standard scale, or
 
    (b) imprisonment for a term not exceeding six months,
       or to both.
 
      (5) The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to confer power on any person authorised in writing by the charging authority, or any of the charging authorities, to seize anything (if necessary by detaching it from a motor vehicle) and detain it as evidence of the commission of an offence under section 172(5) or (6).
 
      (6) A charging scheme under this Part may not authorise an examination of, or entry into, a motor vehicle unless it is on a road.
 
Immobilisation etc.     174. - (1) The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to make provision for or in connection with-
 
 
    (a) the fitting of immobilisation devices to motor vehicles,
 
    (b) the fixing of immobilisation notices to motor vehicles to which an immobilisation device has been fitted,
 
    (c) the removal and storage of motor vehicles,
 
    (d) the release of motor vehicles from immobilisation devices or from storage,
 
    (e) the satisfaction of conditions before the release of a motor vehicle, and
 
    (f) the sale or destruction of motor vehicles not released.
      (2) A person commits an offence if he removes or interferes with an immobilisation notice fixed to a motor vehicle in accordance with provision included in a charging scheme under this Part by virtue of subsection (1) in contravention of such provision.
 
      (3) A person commits an offence if he removes or attempts to remove an immobilisation device fitted to a motor vehicle in accordance with provision included in a charging scheme under this Part by virtue of subsection (1) in contravention of such provision.
 
      (4) A person commits an offence if he intentionally obstructs a person exercising any power conferred on him by provision included in a charging scheme under this Part by virtue of subsection (1).
 
      (5) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
 
      (6) A person guilty of an offence under subsection (3) or (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
 
      (7) In this section "immobilisation device" has the same meaning as in section 104 of the Road Traffic Regulation Act 1984.
 
      (8) A charging scheme under this Part may not authorise or require the fitting of an immobilisation device to, or the removal of, a motor vehicle unless it is on a road.
 
 
Supplementary
Equipment etc.     175. - (1) The charging authority, or any of the charging authorities, in relation to a charging scheme under this Part may-
 
 
    (a) install and maintain, or authorise the installation and maintenance of, any equipment, or
 
    (b) construct and maintain, or authorise the construction and maintenance of, any buildings or other structures,
       used or to be used for or in connection with the operation of a charging scheme under this Part.
 
      (2) The appropriate national authority may by regulations approve standards for equipment installed, or authorised to be installed, by charging authorities for or in connection with the operation of charging schemes under this Part.
 
      (3) No equipment may be installed for or in connection with the operation of a charging scheme under this Part if it is incompatible with a standard approved under subsection (2).
 
Traffic signs.     176. - (1) The appropriate national authority may direct the charging authority, or any of the charging authorities, in relation to a charging scheme under this Part (other than a trunk road charging scheme) to place and maintain traffic signs, or cause traffic signs to be placed and maintained, in connection with the scheme.
 
      (2) In the case of a joint local-London charging scheme the Greater London Authority may also exercise the power conferred by subsection (1); but any direction under this subsection shall not have effect if and to the extent that it is inconsistent with a direction under subsection (1).
 
      (3) The appropriate national authority may direct any local traffic authority to place and maintain traffic signs, or cause traffic signs to be placed and maintained, in connection with a trunk road charging scheme.
 
      (4) An authority which is or could be given a direction under this section may enter any land, and exercise any other powers which may be necessary, for placing and maintaining traffic signs, or causing traffic signs to be placed and maintained, in connection with any charging scheme in respect of which a direction is or could be given.
 
      (5) A direction under this section shall be given in writing and may be varied or revoked by the authority by which it was given.
 
      (6) In this section "traffic signs" has the meaning given by section 64 of the Road Traffic Regulation Act 1984 but also includes signposts and other signs and notices included in that term by section 71(2) of that Act.
 
 
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