Part V Public Transport
Rail vehicles
E147KF3Penalties under sections 47D to 47H: procedure
F11
In this section “penalty” means a penalty under any of sections 47D to 47H.
2
If the Secretary of State decides that a person is liable to a penalty, the Secretary of State must notify the person of the decision.
3
A notification under subsection (2) must—
a
state the Secretary of State’s reasons for deciding that the person is liable to the penalty;
b
state the amount of the penalty;
c
specify the date before which, and the manner in which, the penalty must be paid; and
d
include an explanation of the steps that the person may take if he objects to the penalty.
4
Where a person to whom a notification under subsection (2) is issued objects on the ground that—
a
he is not liable to the imposition of a penalty, or
b
the amount of the penalty is too high,
the person may give a notice of objection to the Secretary of State.
5
A notice of objection must—
a
be in writing;
b
give the objector’s reasons; and
c
be given before the end of the prescribed period.
6
Where the Secretary of State receives a notice of objection to a penalty in accordance with this section, he shall consider it and—
a
cancel the penalty;
b
reduce the penalty; or
c
determine to do neither of those things.
7
Where the Secretary of State considers under subsection (6) a notice of objection under subsection (4), he shall—
a
inform the objector of his decision before the end of the prescribed period or such longer period as he may agree with the objector; and
b
if he reduces the penalty, notify the objector of the reduced amount.
47KF2Penalties under sections 47D to 47H: procedure
1
In this section “penalty” means a penalty under any of sections 47D to 47H.
2
If the Department for Regional Development decides that a person is liable to a penalty, that Department must notify the person of the decision.
3
A notification under subsection (2) must—
a
state that Department's reasons for deciding that the person is liable to the penalty;
b
state the amount of the penalty;
c
specify the date before which, and the manner in which, the penalty must be paid; and
d
include an explanation of the steps that the person may take if he objects to the penalty.
4
Where a person to whom a notification under subsection (2) is issued objects on the ground that—
a
he is not liable to the imposition of a penalty, or
b
the amount of the penalty is too high,
the person may give a notice of objection to the Department for Regional Development.
5
A notice of objection must—
a
be in writing;
b
give the objector's reasons; and
c
be given before the end of the prescribed period.
6
Where the Department for Regional Development receives a notice of objection to a penalty in accordance with this section, that Department shall consider it and—
a
cancel the penalty;
b
reduce the penalty; or
c
determine to do neither of those things.
7
Where the Department for Regional Development considers under subsection (6) a notice of objection under subsection (4), it shall—
a
inform the objector of its decision before the end of the prescribed period or such longer period as it may agree with the objector; and
b
if it reduces the penalty, notify the objector of the reduced amount.