PART 6OPERATIONS

Fixed penalty notices relating to byelaws

article 52 + 52.—(1) This article applies where it appears to an authorised person that a person has committed an offence under byelaws made under article 51 (byelaws relating to the tunnel area).

(2) The authorised person may serve on that person a fixed penalty notice in respect of the offence.

(3) Where a person is given a fixed penalty notice under this article in respect of an offence—

article 52 3 a + (a)no proceedings may be instituted for that offence before the expiration of 14 days after the date of the notice; and

article 52 3 b + (b)that person may not be convicted of the offence if the fixed penalty is paid before the expiration of 14 days after the date of the notice.

(4) A fixed penalty notice must state—

article 52 4 a + (a)the amount of the fixed penalty;

article 52 4 b + (b)particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence;

article 52 4 c + (c)the time by which and the manner (including the number to be used for payments by credit or debit card) in which the fixed penalty must be paid; and

article 52 4 d + (d)that proceedings may be instituted if payment is not made within the time specified in the fixed penalty notice.

(5) The amount of the fixed penalty is—

article 52 5 a + (a)one fifth of the maximum amount of the fine to which the person to whom the fixed penalty notice is issued would be liable on summary conviction provided that person pays the fixed penalty in full within 7 days of issue of the fixed penalty notice; or

article 52 5 b + (b)one half of the maximum amount of the fine to which the person to whom the fixed penalty notice is issued would be liable on summary conviction.

(6) An authorised person may require a person to whom this article applies to pay a deposit of one tenth of the maximum amount of the fine to which a person may be liable under level 3 on the standard scale on accepting a fixed penalty notice if that person fails to provide, when requested, a residential address in the United Kingdom.

(7) Payment of the deposit must be paid by such means as the undertaker may specify on its website as being acceptable.

(8) The undertaker must apply the deposit towards payment of the fixed penalty.

(9) In any proceedings a certificate which—

article 52 9 a + (a)purports to be signed on behalf of an officer of the undertaker; and

article 52 9 b + (b)states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.