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Exclusions and restrictions
| 13 | Exclusions for motor vehicles not on roads or public off-street parking places within Greater London |
| (1) | A supplemental toll provisions order may not authorise or require the examination, for any purpose relating to or connected with a TfL toll order or the supplemental toll provisions order, of a motor vehicle at a time at which the vehicle is not on a London road or a London public off-street parking place. |
| (2) | A supplemental toll provisions order may not authorise TfL to enter a London public off-street parking place for the purpose of exercising any powers conferred on TfL by this Act or by the supplemental toll provisions order to examine or enter any motor vehicle without obtaining the prior consent of the operator. |
| (3) | A supplemental toll provisions order may provide that, for the purposes of subsection (2), an operator's consent may be given to enter a London public off-street parking place— |
| (a) | on a specific occasion; or |
| (4) | A supplemental toll provisions order— |
| (a) | may provide that an operator's consent required under subsection (2) is not to be unreasonably withheld; and |
| (b) | if it so provides, shall also provide that it may be given subject to any reasonable conditions. |
| (5) | Without prejudice to the generality of subsection (4)(b), where a supplemental toll provisions order contains the provision mentioned in that subsection, the conditions shall, if so required by the operator, include the conditions mentioned in subsection (6). |
| (6) | The conditions referred to in subsection (5) are conditions requiring TfL to reimburse the operator in respect of any loss of revenue, damage or other liability sustained as a result of the taking by TfL of any action under the supplemental toll provisions order as respects a motor vehicle on a London public off-street parking place. |
| (7) | A supplemental toll provisions order may provide that consent to enter a London public off-street parking place on a specific occasion shall be deemed to have been given for the purposes of subsection (2) if— |
| (a) | TfL has served a notice on the operator asking for consent to enter on that occasion; and |
| (b) | the operator fails within 14 days of the service of the notice to give TfL notice of his consent or his refusal to give it. |
| (8) | At least 7 days before entering a London public off-street parking place in accordance with a provision included in a supplemental toll provisions order by virtue of subsection (7) TfL shall take reasonable steps to ascertain whether the operator has received the notice served under subsection (7)(a). |
| (9) | Where a supplemental toll provisions order contains the provision mentioned in subsection (4), the order shall provide that any question whether consent is unreasonably withheld or is given subject to reasonable conditions shall be referred to and determined by an arbitrator to be appointed, in default of agreement, by the President of the Chartered Institute of Arbitrators. |
| (a) | "London public off-street parking place" means a place in Greater London, whether above or below ground and whether or not consisting of or including buildings, where off-street parking accommodation is made available by a local authority or any other person to the public (whether or not for payment); |
| (b) | any reference to the operator of such a parking place is a reference to the local authority or other person making such parking accommodation at the parking place so available; and |
| (c) | any reference to a London road is a reference to a road in Greater London. |
| 14 | Restrictions relating to power to create new offences |
| (1) | Paragraph 10 of the Schedule to this Act shall not authorise the creation by a supplemental toll provisions order of an offence which consists only of— |
| (a) | a failure to pay a toll or penalty charge imposed by the TfL toll order or supplemental toll provisions order, or |
| (b) | any other contravention or failure to comply with a requirement of the TfL toll order or supplemental toll provisions order for which a penalty charge imposed by the supplemental toll provisions order is payable. |
| (2) | A provision in a supplemental toll provisions order which creates an offence— |
| (a) | shall not have effect unless and until it has been approved by the Secretary of State, and |
| (b) | shall not apply in relation to anything done before the provision comes into effect. |
| 15 | Restrictions relating to powers of entry and seizure |
A supplemental toll provisions order may not confer power on any person to enter a motor vehicle or seize anything and detain it as evidence of the commission of an offence unless the person—
| (a) | is authorised in writing by TfL; and |
| (b) | is a constable or is in the presence of a constable when the power is exercised. |
Offences
| 16 | Offences relating to payment of tolls or penalty charges |
| (1) | A person who, with intent to avoid payment of a toll chargeable under a TfL toll order or a penalty charge under a supplemental toll provisions order or with intent to avoid being identified as having failed to pay such a toll or penalty charge— |
| (a) | interferes with any equipment, or with the functioning of any equipment, used for or in connection with tolling under the TfL toll order or penalty charges under the supplemental toll provisions order; or |
| (b) | causes or permits the registration plate of a motor vehicle to be obscured, |
is guilty of an offence.
| (2) | A person who makes or uses any false document with intent to avoid payment of, or being identified as having failed to pay, a toll chargeable by a TfL toll order or a penalty charge under a supplemental toll provisions order is guilty of an offence. |
| (3) | A person guilty of an offence under subsection (1) or (2) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both. |
| (4) | A person is guilty of an offence if he removes a penalty charge notice which has been fixed to a motor vehicle in accordance with provision made by a supplemental toll provisions order 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 TfL. |
| (5) | A person guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale. |
| 17 | Obstruction of exercise of powers |
| (1) | A person who intentionally obstructs a person exercising any power conferred on him by provision made by a supplemental toll provisions order by virtue of paragraph 12 of the Schedule to this Act (provision which may be made by a supplemental toll provisions order) is guilty of an offence. |
| (2) | A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both. |
Supplementary and Miscellaneous
| 18 | Financial provisions and arrangements |
| (1) | The Authority or TfL may— |
| (a) | incur expenditure in or in connection with the establishment or operation of a TfL toll order or supplemental toll provisions order; or |
| (b) | enter into arrangements (including arrangements for forming or participating in companies) with any body or person in respect of the operation or enforcement of a TfL toll order or supplemental toll provisions order or relating to the installation or operation of any equipment used for or in connection with the operation or enforcement of a TfL toll order or supplemental toll provisions order. |
| (2) | Arrangements made under subsection (1)(b) may provide for any functions of TfL under the TfL toll order or supplemental toll provisions order relating to the operation or enforcement of the toll order or supplemental toll provisions order to be exercisable instead by the body or person with whom the arrangements are made. |
| (3) | Subsection (2) shall not apply as regards functions relating to setting the rates of penalty charges. |
| (4) | Income arising under a supplemental toll provisions order shall be payable to TfL; and any surpluses may be applied for such purposes as TfL thinks fit. |
| (5) | In this section references to expenditure in or in connection with the establishment or operation of a supplemental toll provisions order or income arising under such an order include references to expenditure incurred or income arising under Part 5 of the 2008 Act which relate to penalty charges payable under such an order. |
| (1) | The Authority may issue guidance to TfL in relation to the discharge of its functions under a supplemental toll provisions order. |
| (2) | TfL in exercising any function under a supplemental toll provisions order shall have regard to any guidance issued by the Authority under this section. |
| (3) | Guidance issued under this section shall be published in such manner as the Authority considers appropriate; and the Authority may at any time vary or revoke such guidance. |
| (1) | Information obtained by— |
| (a) | any Minister of the Crown or Government department, or |
| (b) | any local authority or statutory body, |
may be disclosed to TfL for or in connection with the performance or proposed performance of any of its functions with respect to a supplemental toll provisions order or proposed supplemental toll provisions order.
| (2) | Information obtained by TfL for or in connection with its functions other than its functions with respect to a supplemental toll provisions order may be used by TfL for or in connection with the performance or proposed performance of any of its functions with respect to a supplemental toll provisions order or proposed supplemental toll provisions order. |
| (a) | which has been or could be disclosed to TfL under subsection (1) for or in connection with the exercise of any of its functions with respect to a supplemental toll provisions order, or |
| (b) | which has been or could be used by TfL by virtue of subsection (2) for or in connection with the exercise of any of those functions, |
may be disclosed to any person with whom TfL has entered into arrangements under section 18(1)(b) (financial provisions and arrangements).
| (4) | Information disclosed to a person under subsection (3)— |
| (a) | may be disclosed to any other person for or in connection with the supplemental toll provisions order; but |
| (b) | may not be used by him (or any other person to whom it is disclosed under paragraph (a)) otherwise than for or in connection with the supplemental toll provisions order. |
| (5) | This section does not apply in relation to information held by Her Majesty's Revenue and Customs. |
| (1) | Subject to the provisions of this section, the provisions of this Act and of supplemental toll provisions orders shall bind the Crown. |
| (2) | No contravention by the Crown of any provision of this Act or of any supplemental toll provisions order shall make the Crown criminally liable; but the High Court may, on the application of TfL, declare unlawful any act or omission of the Crown which constitutes such a contravention. |
| (3) | Notwithstanding anything in subsection (2), the provisions of this Act and of supplemental toll provisions orders shall apply to motor vehicles or persons in the public service of the Crown as they apply to other motor vehicles or persons. |
| (4) | No power of entry conferred by this Act or supplemental toll provisions orders shall be exercisable in relation to any motor vehicle in the public service of the Crown. |
| (5) | This Act shall apply in relation to Crown roads within the meaning of section 131 of the Road Traffic Regulation Act 1984 (c. 27) as it applies to other roads. |
| (6) | Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act. |
| (1) | The 2008 Act shall be amended as follows. |
| (2) | In section 14(1) (penalty charges to which Part 5 of that Act applies), in the definition of "specified enactment", after paragraph (f) insert— |
| "(g) | a supplemental toll provisions order made under the Transport for London (Supplemental Toll Provisions) Act 2008". |
| (3) | In section 24 (levels of charges, financial provisions, etc.), after subsection (5) insert— |
| "(6) | Subsections (2) and (3) above shall not have effect in relation to income and expenditure which relate to penalty charges payable under a supplemental toll provisions order made under the Transport for London (Supplemental Toll Provisions) Act 2008." |
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