What does section 13 of the HGV Road User Levy Act 2013 do?

Section 13 performs two functions. It gives legal effect to Schedule 2 of the Act, which sets out detailed procedural rules for legal proceedings relating to levy breaches. It also amends the Road Traffic Offenders Act 1988 by adding the section 11 levy offence to the fixed penalty regime.

How does the fixed penalty system apply to the HGV road user levy offence?

By inserting the section 11 offence into Schedule 3 of the Road Traffic Offenders Act 1988, enforcement officers can issue fixed penalty notices to operators of non-compliant heavy goods vehicles. This allows the offence to be resolved by payment of a set fine without requiring a court hearing.

What is the underlying offence that section 13 makes subject to fixed penalties?

The underlying offence is set out in section 11 of the HGV Road User Levy Act 2013. It makes it an offence to use or keep a heavy goods vehicle on a public road in the United Kingdom if the HGV road user levy has not been paid. This offence can now be enforced through fixed penalty notices.

What happens if an operator receives a fixed penalty notice for non-payment of the HGV levy?

When an enforcement officer issues a fixed penalty notice, the operator can either pay the fixed penalty to resolve the matter or choose to contest it in court. This provides a straightforward enforcement mechanism similar to how other road traffic offences such as speeding or parking violations are handled.

HGV Road User Levy Act 2013 section 13

Fixed penalties

Section 13 establishes the legal proceedings framework for enforcing the HGV road user levy and makes the offence of not paying the levy subject to fixed penalty procedures.

Schedule 2 of the Act, which deals with legal proceedings relating to the levy, is given legal effect by this section.
The offence of using or keeping a heavy goods vehicle without paying the HGV road user levy is added to the list of fixed penalty offences.
This addition is made by inserting a new entry into Schedule 3 of the Road Traffic Offenders Act 1988, which lists all offences that can be dealt with by way of a fixed penalty.
The underlying offence referred to is set out in section 11 of the HGV Road User Levy Act 2013, which makes it an offence to use or keep a heavy goods vehicle on a public road if the levy has not been paid.

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