Transport for London (Supplemental Toll Provisions) Bill [HL]

Transport for London (Supplemental Toll Provisions) Bill [HL]—continued	House of Lords

SCHEDULE

Section 6(1)

Provision which may be made by a supplemental toll provisions order

Charging, collection, recording, refunding and payment of tolls

1 Provision in relation to the manner in which tolls are to be charged, collected, recorded, refunded or paid which may include provision giving discretion to any person with whom TfL has entered into arrangements under section 16 (1) (b) (expenses and arrangements) to determine the manner in which tolls are to be collected, refunded, recorded or paid.

Publishing tolling rates, discounts and exemptions

2 Provision imposing requirements with respect to—

(a)	the manner in which the amount of tolls determined by TfL under the TfL toll order to be applicable to each description of traffic, and any discounts and exemptions determined by TfL, are to be published; and

(b)	the manner of implementing and publishing changes in the amount of tolls and those discounts and exemptions.

3 Provision prohibiting the demanding of tolls unless any requirements imposed by virtue of paragraph 2 have been complied with.

Documents and equipment

4 Provision requiring—

(a)	documents to be displayed while a motor vehicle is on a road which is subject to the charging of tolls; or

(b)	equipment to be carried in or fitted to a motor vehicle while it is on such a road.

Penalty charges

5 Provision for or in connection with the imposition and payment of penalty charges in respect of acts, omissions, events or circumstances relating to or connected with the TfL toll order or the supplemental toll provisions order.

6 Provision as to the waiver of the payment of penalty charges and for the issue of notices requiring the payment of tolls chargeable together with a reasonable sum to cover administrative expenses.

7 Provision giving discretion to any person with whom TfL has entered into arrangements under section 16 (1) (b) (expenses and arrangements) to waive the payment of penalty charges in such circumstances as may be prescribed or as that person may determine.

8 Provision for or in connection with setting the rates of penalty charges which may include—

(a)	provision for discounts or surcharges; and

(b)	different rates of penalty charges for different classes of penalty charges, different days or times of day, different classes of vehicles or different circumstances in which penalty charges are imposed.

9 Provision about the notification, adjudication and enforcement of penalty charges.

Offences

10 Subject to sections 14 (offences relating to payment of tolls or penalty charges) and 15 (obstruction of exercise of powers), provision that any person contravening, or failing to comply with, any prescribed requirement of the supplemental toll provisions order shall be liable on summary conviction to a fine for each offence not exceeding level 2 on the standard scale or not exceeding a lesser amount.

Examination of motor vehicles etc.

11 Subject to section 13 (exclusions for motor vehicles not on roads or public off-street parking places within Greater London), provision conferring powers on a prescribed person, where he has reasonable grounds for suspecting in relation to a motor vehicle that it has been, or is to be, used on a road which is subject to the charging of tolls, for or in connection with—

(a)	examining the motor vehicle for the purpose of ascertaining whether any document required by the supplemental toll provisions order to be displayed while a motor vehicle is on a road which is subject to the charging of tolls is so displayed; or

(b)	examining the motor vehicle for the purpose of ascertaining whether any equipment required by the supplemental toll provisions order to be carried in or fitted to a motor vehicle while the vehicle is on a road which is subject to the charging of tolls—

(i)	is so carried or fitted,

(ii)	is in proper working order, or

(iii)

has been interfered with with intent to avoid payment of, or being identified as having failed to pay, a toll,

or whether any conditions relating to the use of any such equipment are satisfied.

12 Subject to section 13 (exclusions for motor vehicles not on roads or public off-street parking places within Greater London), provision conferring power on any person authorised in writing by TfL to enter a motor vehicle where he has reasonable grounds for suspecting, in relation to a motor vehicle, that—

(a)	any equipment required to be carried in or fitted to the motor vehicle while it is on a road which is subject to the charging of tolls has been interfered with with intent to avoid payment of, or being identified as having failed to pay, a toll; 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 toll.

13 Subject to section 13 (exclusions for motor vehicles not on roads or public off-street parking places within Greater London), provision conferring power on any person authorised in writing by TfL 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 14 (offences relating to payment of tolls or penalty charges).

Removal or immobilisation of motor vehicles

14 Subject to section 13 (exclusions for motor vehicles not on roads or public off-street parking places within Greater London), 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)	requiring the satisfaction of conditions before the release of a motor vehicle; and

(f)	the sale or destruction of motor vehicles not released and their contents.

Determination of disputes and appeals

15 Provision for or in connection with—

(a)	the determination of disputes;

(b)	appeals against determinations or any failure to make a determination;

(c)	the appointment of persons to hear any such appeals.

Evidence

16 Provision for or in connection with permitting evidence of a fact relevant to proceedings for an offence under this Act or the supplemental toll provisions order, or proceedings in respect of a failure to comply with the provisions of the supplemental toll provisions order, to be given by the production of—

(a)	a record produced by a prescribed device; and

(b)	a certificate (whether in the same or another document) as to the circumstances in which the record was produced signed by a prescribed person.

Incidental, supplementary, consequential or transitional

17 Any incidental, supplementary, consequential or transitional provisions or savings for the purposes of, or in connection with, the TfL toll order or for rendering of full effect any other provision of the supplemental toll provisions order.

Prepared 22 November 2006