Contrary of the above Local Traffic Order and sections 84 and 89(1) of the Road Traffic Regulation Act 1984 and Schedule 2 of the Road Traffic Offenders Act 1988. Notes: The offence and brief wording will be entered in full on the Traffic Offence Report. Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. Highway Code Rule 244. Agree 71 in a 50 is better than 71 in 40. They must enable the reader to understand why the matter was decided as it was and what conclusions were reached on the "principal important controversial issues", disclosing how any issue of law or fact was resolved. (4)In regulation 34 (transitional provisions and savings in connection with the revocation of the 2007 General Regulations: existing contraventions, existing offences and related matters), in sub-paragraph (a) of the definition of existing offence in paragraph (5) for 11(1) substitute 11(2). A parent contravenes Parenting Orders when: He or she fails to comply with the Parenting Orders. (5)Omit regulation 35 (transitional provisions and savings: outstanding penalty charges). Is there any difference? You also have the option to opt-out of these cookies. [2] The accused was charged in the Magistrates Court of Opuwo with the contravention of section 82(5) (a) of the Road Traffic and Transport Act 22 of 1999 (the Act . breached) when one party: Intentionally fails to comply with the order. Ancillary orders - Magistrates' Court 4.(1)The Civil Enforcement of Parking Contraventions Designation Order 2021 is amended as follows. Breaking news into lovely small pieces for you. The following information is intended for Metropolitan Police Officers who use a different coding system, this code being correct as of Form 4740 (October 2018) or Form 4741 (June 2018). The Secretary of State designates each of the following areas as a civil enforcement area for moving traffic contraventions. Exceed a Variable [20mph / 30mph / 40mph / 50mph / 60mph] Speed Limit They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards. QUOTE (NewJudge @ Wed, 7 Jul 2021 - 12:55). The power to make a traffic regulation orders (TRO) is contained in section 1(1) of the Road Traffic Regulation Act 1994 (the Act). Buckles Solicitors LLP & CastaldiPartners are separate but associated firms. (A) Was the TRO made for a statutory purpose? 3. (i)designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (Borough of Maidstone) Order 1997(20), the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (District of Thanet) Order 1999(21), the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (City of Canterbury) Order 1999(22), the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (Borough of Swale) Order 1999(23), the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (District of Sevenoaks) Order 1999(24), the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (Borough of Tunbridge Wells) Order 1999(25), the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (Borough of Gravesham) Order 1999(26), the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (District of Shepway) Order 2000(27), the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (Borough of Tonbridge and Malling) Order 2000(28), the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (Borough of Ashford) Order 2000(29) and the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (District of Dover) Order 2001(30), as each had effect immediately before the relevant date; (ii)designated as a civil enforcement area for parking contraventions and as a special enforcement area by article 3(1) and 3(2)(c) of, and Schedule 4 to, the Civil Enforcement of Parking Contraventions Designation Order 2011(31) as it had effect immediately before the relevant date; (j)the part of the area of Norfolk County Council. a) temporary traffic order (code specific) Permit contravention codes (Codes 01, 12, 16, 19 and 85 only) w) wrong parking zone x) incorrect VRM y) obscured/illegible permit z) out of date permit (code specific) Note: Suffixes 'y' and 'z' are applicable on code 01 for Blue Badge contraventions only . (l)the part of the area of Bedford Borough Council designated as a civil enforcement area for parking contraventions and as a special enforcement area by the Civil Enforcement of Parking Contraventions (Bedford) Designation Order 2009(34) as it had effect immediately before the relevant date. Halsbury's Laws Of England. The following information is intended for Metropolitan Police Officers who use a different coding system, this code being correct as of Form 4740 (October 2018) or Form 4741 (June 2018). The Act and accompanying Regulations sets out the requirements for statutory and public consultation on a proposed TRO. for any of the purposes specified in paragraphs (a) to (c) of subsection (1) of section 87 of the Environment Act 1995 (air quality). you didn't receive it rather than you just filed it! (B) Was there a breach of the Section 122 Duty? In this article we shed some To receive up to date information, sign up for our free newsletter. The statutory reviews concerned challenges to the procedures and decision making of the relevant county council. Quite often however the signs are not sufficiently clear. The Secretary of State makes this Order in exercise of the powers conferred by sections 72, 79, 81(9)(b) and 89(3) of, paragraphs 8(1) and 10(1) of Schedule 8 to, paragraph 8 of Schedule 9 to, and paragraph 3(1) of Schedule 10 to, the Traffic Management Act 2004(1) (the Act). (2)This article and article 4 come into force on 14th July 2022. Aids or abets a contravention of the order by a party who is bound by it. In all cases, the court should consider whether to make compensation and/or other ancillary orders. Whether you are the respondent or the applicant in a contravention hearing, you will need to supply evidence to support your case. You will also need to attach a copy of the parenting orders to your application. The facts of the Wiltshire CC and Hampshire CC cases are relatively similar and straightforward. (3)The remaining provisions of this Order come into force on 15th July 2022. DVSA enforcement sanctions policy Action Driver and Vehicle Standards Agency (DVSA) traffic examiners take to deal with offences, including warnings, prohibition notices, and fixed penalties.. This means that local authority teams already enforcing parking and bus lanes will be able to ensure compliance with regulations covering yellow box junctions, banned turns and weight limits. Statute: (G) S84 Road Traffic Regulation Act 1984. Graf & Partners is regulated by the Bar Associations Munich & Nuremberg. designated as a civil enforcement area for parking contraventions and as a special enforcement area by article 3(1) and 3(2)(d) of, and Schedule 5 to, the Civil Enforcement of Parking Contraventions Designation Order 2011 as it had effect immediately before the relevant date; the part of the area of Durham County Council designated as a civil enforcement area for parking contraventions and as a special enforcement area by article 3(1) and 3(2)(b) of, and Schedule 2 to, the Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) and Civil Enforcement of Parking Contraventions Designation Order 2013(, the part of the area of Bedford Borough Council designated as a civil enforcement area for parking contraventions and as a special enforcement area by the Civil Enforcement of Parking Contraventions (Bedford) Designation Order 2009(, in paragraph 2(5)(b), for A234 substitute, in paragraph 2(5)(c), for A43 substitute, in paragraph (4), for the appropriate period has substitute, in paragraph (3), for the appropriate period has substitute. iv) In the particular circumstances of a case compliance with the section 122 duty may be evident from the decision itself, or an inference to this effect may be drawn since the decision has been taken by a specialist committee or officer who can be taken to have knowledge of the relevant statutory powers. 145: Using motor vehicle while on a road that is not a main road to travel backwards longer than necessary for the safety or convenience of the occupants or other road users and traffic on the road: $5,000: 0. Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. Looks like I will be "pleading gulity by post". 3.The device and visual counter must (a) be synchronised with 4.Where the device includes a facility to print a still 5.Where the device can record spoken words or other audio 2.Particulars to be included in a penalty charge notice given under regulation 9, 3.Particulars to be included in a regulation 10 penalty charge notice, Guidelines for the setting by enforcement authorities of charges for relevant road traffic contraventions etc outside Greater London, PART 1 Guidelines for relevant road traffic contraventions, 1.Penalty charges for relevant road traffic contraventions, 2.Meaning of higher level contraventions, PART 2 Guidelines for charges for removal, storage or disposal or release from an immobilisation device, 3.Charges for the removal, storage and disposal of vehicles, 4.Release of vehicle from an immobilisation device under section 79 of the TMA 2004, 5.Saving for powers of the Secretary of State, 1.Amendment of regulation 5C of the Removal and Disposal of Vehicles Regulations 1986, 2.Amendment of article 8A of the High Court and County Courts Jurisdiction Order 1991, 3.Amendment of the Traffic Management Act 2004 (Commencement No. Access essential accompanying documents and information for this legislation item from this tab. 2) Order 2020 as it had effect immediately before the relevant date; (i)the parts of the area of Kent County Council. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. 4. OffenceCode web-app Copyright CW138 (47 KB). I have received Conditional Offer of fixed penalty for Alleged Offence: Exceed 40mph speed limit on dual carriageway, in Ask an Expert Ask a Lawyer UK Traffic Law DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. Siemens Mobility Digital Enforcement Solutions - already providing effective enforcement with over 1000 enforcement cameras currently operating in over 20 . A local government may apply to the Supreme Court of British Columbia for an injunction or court order to enforce, prevent or restrain a bylaw contravention or contravention of local government legislation. If that wasn't received, then you should be able to request that your are sentanced at the fixed penalty equivalent due to an administrative issue not of your making someone will post the exact guidance I feel sure! The vehicle was being used without my consent. Local authorities with civil parking enforcement powers will soon be able to apply for a designation order for moving traffic enforcement - and issue penalty notices for contraventions. Two recent High Court decisions in Trail Riders Fellowship v Wiltshire County Council [2018] EWHC 3600 (Admin) Trail Riders Fellowship v Hampshire County Council [2018] EWHC 3390 (Admin) provide helpful guidance on the common issues arising when considering whether to challenge a traffic regulation order. Liability for a contravention committed while intoxicated with alcohol or other substances Article 16. 146 Exceed 30mph Speed Limit in Contravention of a Local Traffic Order, Possess a Controlled Drug of Class B Cannabis / Cannabis Resin, Use Words / Conduct Likely to Cause Harassment / Alarm / Distress, Allow Consumption of Alcohol by a Person Under 18 on Relevant Premises. The Family Law Act 1975 sets out different categories of contraventions. The other amendments to the 2022 Regulations made by the Order consist of minor corrections. Section 20 provides for the admissibility of evidence in relation to certain road traffic offences where that evidence is produced in the form of a record from a prescribed device and where that record is accompanied by . not-set However, the Domestic Violence Act has created offences in so far as contravention of an order issued under the Act is concerned. There was no contravention of an order or failure to comply with an order or failure to comply with an indication on a sign. We are a hire firm and the person hiring the vehicle had signed a statement accepting liability. In the event of contravention of the order, the Member is even threatened with imprisonment for contempt of court of up to two years. The Secretary of State has consulted the Chief Constable of the Thames Valley Police in accordance with the requirements of paragraph 8(3) of Schedule 8 to, and paragraph 3(4) of Schedule 10 to, the Act. Edited June 1, 2019 by Ethel Street. It seems you've missed the offer of a course / offer of a fixed penalty? Another thing is the police passenger wittness statements says doing '71mph in a 40mph zone', Thanks for the advice guys. (i)designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire, City of Winchester) Order 1996(9), the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (District of Hart) Order 2002(10), the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (Borough of Rushmoor) Order 2002(11), the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (Borough of Basingstoke and Deane) Order 2002(12), the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (Borough of Test Valley) Order 2003(13), the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (Borough of Eastleigh) Order 2004(14), the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (Borough of Havant) Order 2005(15), the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (District of New Forest) Order 2005(16) and the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (Borough of Fareham) Order 2007(17), as each had effect immediately before the relevant date; (ii)designated as a civil enforcement area for parking contraventions and as a special enforcement area by article 3(1) and 3(2)(b) of, and Schedules 2 and 3 to, the Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) and Civil Enforcement of Parking Contraventions Designation Order 2012 and by article 3(1) and 3(2)(a) of the Civil Enforcement of Parking Contraventions Designation (No. Contrary of the above local traffic order and sections 84 and 89(1) of the Road Traffic Regulation Act 1984 and Schedule 2 of the Road Traffic Offenders Act 1988. 2006/1016. The following information is intended for Metropolitan Police Officers who use a different coding system, this code being correct as of Form 4740 (October 2018) or Form 4741 (June 2018). For complete lists of parking. 5 and Transitional Provisions) (England) Order 2007, 4.Amendment of Schedule 1 to the Judicial Appointments Order 2008, 5.Amendment of the Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013, 6.Amendment of the West Midlands Combined Authority (Functions and Amendment) Order 2017, 7.Amendment of regulation 18 of the Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018, 8.Amendment of the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021, 1.Amendment of Schedule 3 to the London Local Authorities and Transport for London Act 2003, 2.Amendment of Part 4 of Schedule 7 to the TMA 2004. It is mandatory to procure user consent prior to running these cookies on your website. Each category carries a different penalty. Personally, I'd bite their hand off for it and hope that I got a nice 3 points/fixed penalty. (a) psychological harm; and. The statutory purposes are set out in section 1 of the Act as recited above. Step 1: Complete the "Application - Contravention" form You must complete all sections of the application form. in paragraph (4), omit the definitions of the appropriate period, outstanding and penalty charge. One thing that is bugging me is the wording ' Exceed 30 mph speed limit in contravention of a local traffic order - manned equipment (Contrary to the above local traffic order and sections. Necessary cookies are absolutely essential for the website to function properly. REVIEW JUDGMENT. (a)the part of the area of Oxfordshire County Council designated as a civil enforcement area for parking contraventions and as a special enforcement area by article 3 of, and Schedule 1 to, the Civil Enforcement of Parking Contraventions Designation Order 2021(2) as it had effect immediately before 15th July 2022; (b)the part of the area of the District of Bath and North East Somerset designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (District of Bath and North East Somerset) Order 2003(3) as it had effect immediately before the relevant date; (c)the parts of the area of Buckinghamshire Council. Any person who acts in contravention of, or fails to comply with, an experimental traffic order 1 is guilty of an offence 2. Residents of glass-front, luxury apartments located a short distance from the Tate Moderns viewing platform have finally prevailed in a long-running legal dispute over privacy. QUOTE (Logician @ Wed, 7 Jul 2021 - 15:03), QUOTE (Afcj123 @ Wed, 7 Jul 2021 - 16:31). An ex-policeman accused of murdering his girlfriend was, for a second time, not brought to court. Oxfordshire County Council, Bath and North East Somerset Council, Buckinghamshire Council, Derby City Council, Hampshire County Council, Reading Borough Council, Surrey County Council, Kent County Council, Norfolk County Council, Durham County Council and Bedford Borough Council have each applied to the Secretary of State for an order to be made in exercise of the powers in paragraph 10(1) of Schedule 8 to the Act in respect of part of their respective areas. Lesson:When a TRO is made adverse to your interests, it is always worth considering the merits of any statutory review of such order. (last updated February 8, 2012). 3.9 Notices, orders, Directions and Proceedings under Planning Acts Do any of the following subsist in relation to the property, or has a 71 Table of. (i)designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Buckinghamshire) (District of Aylesbury Vale) Order 2003(4) and the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Buckinghamshire) (District of Chiltern) Order 2005(5), as each had effect immediately before the relevant date; (ii)designated as a civil enforcement area for parking contraventions and as a special enforcement area by the Civil Enforcement of Parking Contraventions (County of Buckinghamshire) (District of Wycombe) Designation Order 2008(6) and by article 3(1) and 3(2)(a) of, and Schedule 1 to, the Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) and Civil Enforcement of Parking Contraventions Designation (No. Finally, there is the general public law grounds of irrationality of the decision (or Wednesbury unreasonableness). TS20. : in violation of He cut off trade with the country in contravention of their treaty. Expert: Jo C. replied 8 years ago. Open single carriageway is 50 (I think), unless signposts indicate different. 20 MPH Exceed 20mph Speed Limit in Contravention of a Local Traffic Order CJS Offence Code: RR84210 Offence Wording: Exceed 20mph Speed Limit in Contravention of a Local Traffic Order Contrary of the. Advanced Search (including Welsh legislation in Welsh language), Citation, commencement, extent and application, Imposition of penalty charges for relevant road traffic contraventions, Person by whom a penalty charge is to be paid, Criminal proceedings for relevant road traffic contraventions, Penalty charge notices for parking contraventions: service by civil enforcement officers, Penalty charge notices for relevant road traffic contraventions: enforcement authority, Circumstances in which notification of a penalty charge for a parking contravention on a road in a civil enforcement area may be given otherwise than by fixing a notice to the vehicle, Removal of, or interference with, a penalty charge notice, Limitations on the power to immobilise vehicles, Adjudication process and remuneration of adjudicators: expenses of the relevant enforcement authorities, Discharge of functions of enforcement authorities relating to adjudicators: in Greater London, Discharge of functions of enforcement authorities relating to adjudicators: outside Greater London, Setting the levels of charges applicable in Greater London, Modification of section 55 of the RTRA 1984: London authorities, Guidelines for the level of charges applicable outside Greater London, Modification of section 55 of the RTRA 1984: parking contraventions outside Greater London, Income and expenditure in connection with OGL bus lane contraventions, Income and expenditure in connection with OGL moving traffic contraventions, Transitional provisions and savings: general, Transitional provisions and savings in connection with the revocation of the 2007 General Regulations: existing contraventions, existing offences and related matters, Transitional provisions and savings: outstanding penalty charges, Transitional provisions and savings in connection with the revocation of the 2007 General Regulations: adjudicators and related reports, Transitional provisions and savings in connection with the revocation of the 2007 General Regulations: arbitration, Transitional provisions and savings in connection with the revocation of the 2007 General Regulations: accounts kept by a London authority, Transitional provisions and savings in connection with the revocation of the 2007 General Regulations: accounts kept by enforcement authorities outside Greater London, Transitional provisions and savings: approved devices, Transitional provisions and savings: charging guidelines, Traffic signs that are subject to civil enforcement, The device must include a camera which is, The device must include a recording system in which. I provided all the information that they asked for including my driving licence number and personal details. 1.(1)This Order may be cited as the Civil Enforcement of Moving Traffic Contraventions Designations and Miscellaneous Amendments Order 2022. (D) Was there adequate consultation? QUOTE (Irksome @ Wed, 7 Jul 2021 - 16:55). (2) The matters referred to in subsection (1) above as being specified in this subsection are. For more information see the EUR-Lex public statement on re-use. The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 UK Statutory Instruments 1996 No. The Court in the Hampshire CC case noted the requirements as: The reasons for a decision must be intelligible and they must be adequate. Where the offence has resulted in personal injury, loss or damage the court must give reasons if it decides not to order compensation (Sentencing Code, s.55). Access essential accompanying documents and information for this legislation item from this tab. The failure to consult in accordance with the requirements of the Act and Regulations will likely be fatal to a TRO. I posted it back a couple of days later. Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff, 1998 to 2023 Pistonheads Holdco Limited, All Rights Reserved, PistonHeads is a registered trademark of CarGurus Ireland Limited, Pistonheads Holdco Limited, c/o Legalinx Limited, 3rd Floor, 207 Regent St, London W1B 3HH, United Kingdom. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. (2)In regulation 14 (limitations on the power to immobilise vehicles). This Order also designates the whole of the Borough of Luton as a civil enforcement area for moving traffic contraventions for the purposes of Part 6 of the Traffic Management Act 2004. (1) In this section. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. Normally they say something like " contravening a local traffic order". (the CPA). Customer: replied 8 years ago. What are they? PE1 1NG. The Secretary of State has consulted the Chief Constables of the Thames Valley Police, the Avon and Somerset Police, the Derbyshire Constabulary, the Hampshire Constabulary, the Bedfordshire Police, the Surrey Police, the Kent Police, the Norfolk Constabulary and the Durham Constabulary in accordance with the requirements of paragraph 10(4) of Schedule 8 to the Act. 1997/2078, as amended by S.I. Statute: (G) S89 Road Traffic Regulation Act 1984. Court summons for speeding in a 50mph zone - Advice please, In May this year was caught by a BMW 5 series traffic police car doing 71mph in a "50" zone. (b) suicidal thoughts. Contravention proceedings and court costs. 2. This may include: the circumstances surrounding . Case Title: The State v Sacky Maevinduijani Tjambiru . Using motor vehicle to tow a broken down or disabled vehicle in contravention of Regulation 249(1) $10,000: 0. They have put exceed 50mph and thats what the offense states that I can plead guilty to? By example, the Regulations require consultation with such other organisations (if any) representing persons likely to be affected by any provision in the order. the part of the area of Oxfordshire County Council designated as a civil enforcement area for parking contraventions and as a special enforcement area by article 3 of, and Schedule 1 to, the Civil Enforcement of Parking Contraventions Designation Order 2021(, the part of the area of the District of Bath and North East Somerset designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (District of Bath and North East Somerset) Order 2003(, the parts of the area of Buckinghamshire Council, designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Buckinghamshire) (District of Aylesbury Vale) Order 2003(, designated as a civil enforcement area for parking contraventions and as a special enforcement area by the Civil Enforcement of Parking Contraventions (County of Buckinghamshire) (District of Wycombe) Designation Order 2008(, the part of the area of The Derby City Council designated as a civil enforcement area for parking contraventions and as a special enforcement area by article 3(1) and 3(2)(a) of, and Schedule 1 to, the Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) and Civil Enforcement of Parking Contraventions Designation Order 2012(, the parts of the area of Hampshire County Council, designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire, City of Winchester) Order 1996(, designated as a civil enforcement area for parking contraventions and as a special enforcement area by article 3(1) and 3(2)(b) of, and Schedules 2 and 3 to, the Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) and Civil Enforcement of Parking Contraventions Designation Order 2012 and by article 3(1) and 3(2)(a) of the Civil Enforcement of Parking Contraventions Designation (No.
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