The Civil Enforcement of Parking Contraventions (Approved Devices) (Wales) (No. 2) Order 2008

• Citation: S.I. 2008/1215 (W.)
• Sections: 8

Section 1 Title, commencement, application and interpretation

(1) The title of this Order is the Civil Enforcement of Parking Contraventions (Approved Devices) (Wales) (No. 2) Order 2008. It comes into force on 22 May 2008, and applies in relation to Wales.

(2) In this Order—

“ EEA state” (“ Gwladwriaeth AEE ”) means a state within the European Economic Area;

“the specified requirements” (“ y gofynion a bennir ”) means the requirements specified in the Schedule to this Order; and

“the statutory purposes” (“ y dibenion statudol ”) means the purposes of regulations relating to the civil enforcement of parking contraventions under section 72(4)(a) of the Traffic Management Act 2004.

Section 2 Approved devices

(1) A device is an approved device for the statutory purposes, if it is of a type which has been certified by the Welsh Ministers as one which meets the specified requirements.

(2) A device will be taken to meet the specified requirements where evidence has been produced that satisfies the Welsh Ministers that the device in question has been found by a competent authority in an EEA state to meet the requirements of an EEA standard which requires a level of performance equivalent to that required by the specified requirements.

(3) In paragraph (2) “EEA standard” (“ safon AEE ”) means—

(a) a standard or code of practice of a national standards body or equivalent of any EEA state;

(b) any international standard recognised for use as standard or code of practice by any EEA state; or

(c) a technical specification recognised for use as a standard by a public authority of any EEA state.

Section 3 Revocation of the Civil Enforcement of Parking Contraventions (Approved Devices) (Wales) Order 2008

The Civil Enforcement of Parking Contraventions (Approved Devices) (Wales) Order 2008 is hereby revoked.

Section 1

The device must include a camera which is—

(a) securely mounted on a vehicle, a building, a post or other structure;

(b) mounted in such a position that vehicles in relation to which parking contraventions are being committed can be surveyed by it;

(c) connected by secure data links to a recording system; and

(d) capable of producing in one or more pictures, a legible image or images of the vehicle in relation to which a parking contravention was committed which show its registration mark and enough of its location to show the circumstances of the contravention.

Section 2

The device must include a recording system in which—

(a) recordings are made automatically of the output from the camera or cameras surveying the vehicle and the place where a contravention is occurring;

(b) there is used a secure and reliable recording method that records at a minimum rate of 5 frames per second;

(c) each frame of all captured images is timed (in hours, minutes and seconds), dated and sequentially numbered automatically by means of a visual counter; and

(d) where the device does not occupy a fixed location, it records the location from which it is being operated.

Section 3

The device and visual counter must —

(a) be synchronised with a suitable independent national standard clock; and

(b) be accurate within plus or minus 10 seconds over a 14-day period and re-synchronised to the suitably independent national standard clock at least once during that period.

Section 4

Where the device includes a facility to print a still image, that image when printed must be endorsed with the time and date when the frame was captured and its unique number.

Section 5

Where the device can record spoken words or other audio data simultaneously with visual images, the device must include a means of verifying that, in any recording produced by it, the sound track is correctly synchronised with the visual image.