Road Traffic Regulation Act 1984

Schedule 3A Licensing of provision of micromobility vehicles

Section 22H Introduction 1 This Schedule is about the provision that may (or must) be made by regulations under section 22H. Licence conditions 2 (1) The regulations may make provision about conditions that must be included, or must not be included, in a licence. (2) The regulations may enable a licensing authority to include other conditions in a licence. Duration, renewal, suspension and revocation of licence 3 (1) The regulations may make provision about the duration, renewal, suspension or revocation of a licence. (2) That includes provision which gives the Secretary of State the power to direct a licensing authority not to renew, or to suspend or revoke, a licence. (3) But any such regulations must provide that the power of direction may only be exercised for purposes specified or described in the regulations which relate to the protection of public safety. Variation and transfer of licence 4 (1) The regulations may make provision about the variation of a licence. (2) The regulations may make provision about the transfer of a licence to a different licensee. Licence applications etc: process 5 (1) Regulations may make provision about the process for applying for a licence, and for renewing, varying or transferring a licence. (2) The regulations may— (a) require a licensing authority to be satisfied as to a matter specified in the regulations before granting, renewing, varying or transferring a licence; (b) require a licensing authority to have regard to a matter specified in the regulations, in deciding whether to grant, renew, vary or transfer a licence. (3) The regulations may enable the licensing authority— (a) to specify the form and content of an application; (b) to specify information to be provided in connection with an application; (c) to specify the procedure for rectifying procedural irregularities; (d) to specify the time limits for doing anything required to be done in connection with an application and any procedure for extending any such limits; (e) to inspect sites, facilities, equipment or vehicles for the purposes of deciding an application, but may not give the licensing authority any power of entry. 6 (1) Regulations may make provision about the process for suspending or revoking a licence. (2) The regulations may— (a) require a licensing authority to be satisfied as to a matter specified in the regulations before suspending or revoking a licence; (b) require a licensing authority to have regard to a matter specified in the regulations, in deciding whether to suspend or revoke a licence. Monitoring 7 (1) The regulations may make provision about the issue by a licensing authority to a provider of micromobility vehicles of— (a) a contravention notice, in a case where the authority knows or suspects that the provider— (i) is in breach of its licence conditions, or (ii) is doing anything that is likely to put the provider in breach; (b) a warning notice, setting out the authority’s powers to vary, suspend or revoke a licence, in a case where a provider has failed to comply with a contravention notice; (c) a prohibition notice, prohibiting the provider from carrying on activities specified in the notice. (2) The regulations may provide that a notice mentioned in sub-paragraph (1) may include directions to the provider of micromobility vehicles, and may make provision about the consequences of failure to comply with a direction. (3) The regulations— (a) may enable the licensing authority to inspect sites, facilities, equipment or vehicles for the purposes of monitoring compliance with the terms of a licence; (b) but may not give the licensing authority any power of entry. Financial penalties 8 (1) The regulations may enable a licensing authority to impose a financial penalty in relation to— (a) the breach of the prohibition in section 22E(1) or the prohibition in section 22E(2) (providing a micromobility vehicle without a licence); (b) the breach of a condition included in a licence. (2) The amount of the financial penalty is to be specified in, or determined in accordance with, the regulations. (3) If the regulations confer power to impose a financial penalty in relation to the breach of the prohibition in section 22E(1) or the prohibition in section 22E(2) they must provide that a person is not liable to such a penalty in respect of conduct for which the person has been convicted of the offence under that section. (4) If the regulations confer power to impose a financial penalty, they must include provision— (a) requiring the licensing authority, before imposing a financial penalty on a person, to give the person written notice (a “notice of intent”) of the proposed financial penalty; (b) ensuring that the person is given an opportunity to make representations about the proposed financial penalty; (c) requiring the licensing authority, after the period for making representations, to decide whether to impose the financial penalty; (d) requiring the licensing authority, if it decides to impose the financial penalty, to give the person notice in writing (a “final notice”) imposing the penalty; (e) enabling a person on whom a financial penalty is imposed to appeal to a court or tribunal in accordance with the regulations; (f) as to the powers of the court or tribunal on such an appeal. (5) The provision that may be made by the regulations by virtue of sub-paragraph (1) includes provision— (a) enabling a notice of intent or final notice to be withdrawn or amended; (b) requiring the licensing authority to withdraw a final notice in circumstances specified in the regulations; (c) for a financial penalty to be increased by an amount specified in or determined in accordance with the regulations in the event of late payment; (d) as to how financial penalties are recoverable. Decisions: reconsideration and appeals 9 (1) The regulations must make provision about— (a) reconsideration by a licensing authority of its decisions, and (b) appeals to the First-tier Tribunal against decisions of a licensing authority that have been reconsidered. (2) The regulations may (in particular) make provision about— (a) the decisions of the licensing authority which may be reconsidered or appealed; (b) the grounds for requesting reconsideration of a decision or bringing an appeal; (c) the person or persons by whom, and manner in which, a decision is to be reconsidered; (d) the powers of the First-tier Tribunal on an appeal. (3) The regulations must make provision about the procedure, and time limits, for— (a) requesting the reconsideration of a decision, and (b) bringing an appeal against a decision. Fees 10 (1) The regulations may enable a licensing authority to create a charging scheme under which the authority may charge fees to a person providing micromobility vehicles in connection with the exercise of its functions under this Part. (2) The regulations may require a licensing authority— (a) before making a charging scheme, to consult persons who may be affected by the scheme; (b) to publish its charging scheme. Offences 11 The regulations may provide that a person is guilty of an offence if they— (a) knowingly or recklessly provide false information to a licensing authority in connection with an application for a licence or for a renewal, variation or transfer of a licence; (b) knowingly or recklessly provide false information in connection with reconsideration of, or an appeal against, a decision of a licensing authority.