Commentary on Sections Section 8 – Enforcement of bus lane contraventions outside Greater London
65.Section 8 addresses the problem described in the commentary on section 7 above but in relation to authorities outside London. The only available powers for civil enforcement of moving contraventions outside London are in the Transport Act 2000 and concern bus lanes, the definition of which will embrace Olympic “Games Lanes” reserved for official traffic.
66.Section 8 inserts new sections 16C and 16D into the 2006 Act to enable traffic authorities outside London to use their existing Transport Act 2000 civil bus lane enforcement powers to enforce contraventions of Olympic orders and notices made by virtue of sections 14 and 16 of the 2006 Act. The modifications to the enforcement powers include the arrangements by which the penalty charges will be set and follow the principles envisaged in the 2006 Act: the ODA will set the levels, which will be subject to the Secretary of State’s approval. Reserve powers are given to enable the Secretary of State to set the level in the event that the ODA fails to do so or he disagrees with the level they propose. The modifications also specify the proportions of discount for early payment of a penalty charge (half of the usual level of charge) and increase for late payment (one and half times the usual level of charge). Finally the Secretary of State is empowered to determine by which method the ODA will publicise the penalty charge levels.