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Road Traffic Act 1991 (c. 40)

(The document as of February, 2008)

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(5) Where a London authority fail, within a reasonable time, to comply with any direction given under subsection (2) above, the Director may vary the local plan on their behalf.

(6) Before varying a local plan on behalf of a London authority the Director shall consult--

(a) that authority;

(b) the relevant Commissioner or, if appropriate, both Commissioners;

(c) London Regional Transport;

(d) such organisations representing the interests of people with a disability who may be affected by the plan as appear to the Director to be appropriate; and

(e) any other London authority within whose area there is situated any road which is not a priority route but which is, in his opinion, likely to be affected by the proposed variation.

(7) Any reasonable administrative expenses incurred by the Director under subsection (5) above shall be recoverable by him from the London authority concerned as a civil debt.

60 Proposed action by London authorities likely to affect priority routes

(1) No London authority shall exercise any power under the [1980 c. 66.] Highways Act 1980 or the [1984 c. 27.] Road Traffic Regulation Act 1984, in a way which will affect, or be likely to affect, a priority route unless the requirements of subsection (3) below have been satisfied.

(2) Subsection (1) above does not apply where the exercise of the power--

(a) accords with the provisions of the authority's approved local plan; or

(b) is in response to a request made, or direction given, under this Act by the Director or the Secretary of State.

(3) The requirements mentioned in subsection (1) above are that--

(a) the authority have given notice to the Director, in such manner as he may require, of their proposal to exercise the power in the way in question; and

(b) either--

(i) the Director has approved their proposal; or

(ii) the period of one month beginning with the date on which he received notice of the proposal has expired without his having objected to it.

(4) The Secretary of State may by an instrument in writing exclude any power from the application of this section to the extent specified in the instrument.

(5) Any such instrument may, in particular, exclude a power as respects--

(a) all or any of the London authorities;

(b) all or any of the priority routes; or

(c) the exercise of the power in such manner or circumstances as may be specified in the instrument.

(6) If a London authority exercise any power in contravention of this section, the Director may take such steps as he considers appropriate to reverse or modify the effect of the exercise of that power.

(7) Any reasonable expenses incurred by the Director in taking any steps under subsection (6) above shall be recoverable by him from the London authority concerned as a civil debt.

61 Intervention powers

(1) Where it appears to the Director that a London authority have failed--

(a) to prepare a local plan in accordance with the requirements of section 54 of this Act; or

(b) to submit their local plan to him in accordance with those requirements,

he may direct the authority to do so within such period as he may specify in the direction.

(2) Where the Director has given such a direction, but the London authority concerned have not complied with it within a reasonable time, he may himself prepare a local plan on their behalf.

(3) Where the Director refuses to approve a local plan under section 54 of this Act, the London authority concerned shall prepare and submit a new local plan under that section unless the Director serves written notice on them of his intention to exercise his powers under subsection (5) below.

(4) In preparing any local plan in compliance with subsection (3) above, the London authority shall comply with any directions given to them by the Director.

(5) If the Director--

(a) has refused to approve a local plan which has been prepared in accordance with the requirements of section 54 of this Act; and

(b) has served on the London authority concerned a notice of the kind mentioned in subsection (3) above,

he may himself prepare a local plan on behalf of that authority.

(6) Where the Director prepares a local plan on behalf of a London authority under this section--

(a) he shall consult--

(i) that authority;

(ii) the relevant Commissioner or, if appropriate, both Commissioners;

(iii) London Regional Transport;

(iv) such organisations representing the interests of people with a disability who may be affected by the plan as appear to the Director to be appropriate; and

(v) any other London authority within whose area there is situated any road which is not a priority route but which is, in his opinion, likely to be affected by any of the priority routes to which the plan relates; and

(b) any reasonable administrative expenses incurred by him in preparing the plan shall be recoverable by him from the authority as a civil debt.

62 Failure to implement local plans

(1) Where it appears to the Director that a London authority--

(a) have not implemented, or are unlikely to implement, their local plan in accordance with the local plan timetable; or

(b) have not implemented, or are unlikely to implement, it in a satisfactory manner,

he may direct the authority to take such steps as are required to implement it in accordance with the local plan timetable, or (as the case may be) to implement it in a satisfactory manner, in accordance with such other timetable as he may draw up and specify in the direction.

(2) Where it appears to the Director that a London authority have acted in a manner which is incompatible with their local plan, he may direct them to take such steps as he considers appropriate with a view to securing, so far as is reasonably practicable, that the effects of that action are removed.

(3) Where a London authority have failed to comply with a direction under subsection (1) or (2) above, the Director may (with the consent of the Secretary of State) take any steps which still remain to be taken by the authority in accordance with the terms of the direction.

(4) The Secretary of State may limit his consent to the implementation by the Director of part only of the local plan, and where he does so the Director's powers under subsection (3) above shall be limited to implementing that part.

(5) For the purposes of enabling him to exercise the powers given to him by subsection (3) above, the Director shall have all the powers which the London authority concerned have in connection with the implementation of their local plan.

(6) Anything done by the Director in the exercise of those powers shall be treated for all purposes as if it had been done by the London authority.

(7) Where the Director proposes to exercise any of the powers of a London authority by virtue of subsection (5) above, he may direct that authority not to exercise those or any other powers, in such circumstances or in relation to such matters, as may be specified in the direction.

(8) Where, having intervened under subsection (3) above, the Director is satisfied that continued intervention by him is unnecessary--

(a) he shall notify the London authority accordingly in writing; and

(b) with effect from the date on which that notice is served by him, any direction given by him with respect to his intervention shall cease to have effect.

(9) Any reasonable administrative expenses incurred by the Director in the exercise of his powers under this section shall be recoverable by him from the London authority as a civil debt.



Parking in London

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63 The Secretary of State's parking guidance

(1) The Secretary of State shall issue guidance ("the Secretary of State's parking guidance") to the London authorities with a view to those authorities co-ordinating their action with respect to parking in London.

(2) It shall be the duty of the joint planning committee for London established under section 5 of the [1985 c. 51.] Local Government Act 1985--

(a) to make proposals to the Secretary of State (if it thinks fit) as to the content of the Secretary of State's parking guidance; and

(b) to keep that guidance under review, with a view to making from time to time such further proposals as it considers appropriate.

(3) Before issuing or varying any guidance under this section, the Secretary of State shall consult--

(a) the two Commissioners;

(b) London Regional Transport;

(c) the Disabled Persons Transport Advisory Committee;

(d) such associations of London authorities (if any) as he thinks appropriate; and

(e) such other persons (if any) as he thinks appropriate.

(4) In connection with the preparation of the Secretary of State's parking guidance regard shall be had to the needs of people with a disability.

(5) The Secretary of State's parking guidance may, in particular, include provision with respect to appropriate levels for--

(a) parking charges;

(b) penalty charges;

(c) charges made by London authorities for the removal, storage and disposal of vehicles; and

(d) charges in respect of the release of vehicles from immobilisation devices fixed under section 69 of this Act.

(6) The Secretary of State's parking guidance may be varied at any time by the Secretary of State.

64 Charges at designated parking places

(1) In section 46 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (charges at, and regulation of, designated parking places), in subsection (1) after the word "made" there shall be inserted the words "with respect to any parking place outside Greater London".

(2) After subsection (1) of that section there shall be inserted the following subsection--

" (1A) Subject to Parts I to III of Schedule 9 to this Act, where the authority by whom a designation order is made with respect to any parking place in Greater London impose charges to be paid for vehicles left in a parking place designated by the order, those charges shall be prescribed by the designation order or by a separate order made by the authority. "

65 Contravention of certain orders relating to parking places in London not to be criminal offence

(1) In section 47 of the Road Traffic Regulation Act 1984 (offences relating to designated parking places) the words ";but this subsection does not apply in relation to any designated parking place in Greater London" shall be added at the end of subsection (1).

(2) In section 8 of that Act (contravention of orders under section 6 to be an offence), the following subsection shall be inserted after subsection (1)--

" (1A) Subsection (1) above does not apply in relation to any order under section 6 of this Act so far as it designates any parking places. "

(3) The provisions of section 11 of that Act (contravention of experimental traffic order) shall become subsection (1) of that section and the following subsection shall be inserted as subsection (2)--

" (2) This section does not apply in relation to any experimental traffic order so far as it designates any parking places in Greater London. "

66 Parking penalties in London

(1) Where, in the case of a stationary vehicle in a designated parking place, a parking attendant has reason to believe that a penalty charge is payable with respect to the vehicle, he may--

(a) fix a penalty charge notice to the vehicle; or

(b) give such a notice to the person appearing to him to be in charge of the vehicle.

(2) For the purposes of this Part of this Act, a penalty charge is payable with respect to a vehicle, by the owner of the vehicle, if--

(a) the vehicle has been left--

(i) otherwise than as authorised by or under any order relating to the designated parking place; or

(ii) beyond the period of parking which has been paid for;

(b) no parking charge payable with respect to the vehicle has been paid; or

(c) there has, with respect to the vehicle, been a contravention of, or failure to comply with, any provision made by or under any order relating to the designated parking place.

(3) A penalty charge notice must state--

(a) the grounds on which the parking attendant believes that a penalty charge is payable with respect to the vehicle;

(b) the amount of the penalty charge which is payable;

(c) that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;

(d) that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;

(e) that, if the penalty charge is not paid before the end of the 28 day period, a notice to owner may be served by the London authority on the person appearing to them to be the owner of the vehicle;

(f) the address to which payment of the penalty charge must be sent.

(4) In subsection (3)(d) above "specified proportion" means such proportion, applicable to all cases, as may be determined by the London authorities acting through the Joint Committee.

(5) A penalty charge notice fixed to a vehicle in accordance with this section shall not be removed or interfered with except by or under the authority of--

(a) the owner, or person in charge, of the vehicle; or

(b) the London authority for the place in which the vehicle in question was found.

(6) A person contravening subsection (5) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(7) Schedule 6 to this Act shall have effect with respect to penalty charges, notices to owners and other matters supplementing the provisions of this section.

67 Recovery of vehicles or of proceeds of disposal

(1) Section 101 of the [1984 c. 27.] Road Traffic Regulation Act 1984 shall be amended as follows.

(2) In subsection (1) for "(5)" there shall be substituted "(5A)".

(3) In subsection (4) after the words "before a vehicle" there shall be inserted the words "found outside Greater London".

(4) After that subsection there shall be inserted--

" (4A) If, before a vehicle found in Greater London is disposed of by an authority in pursuance of subsections (1) to (3) above, the vehicle is claimed by a person who satisfies the authority that he is its owner and pays--

(a) any penalty charge payable in respect of the parking of the vehicle in the place from which it was removed; and

(b) such sums in respect of the removal and storage of the vehicle--

(i) as the authority may require; or

(ii) in the case of sums payable to a competent authority which is not a local authority, as may be prescribed,

the authority shall permit him to remove the vehicle from their custody within such period as they may specify or, where paragraph (b)(ii) applies, as may be prescribed. "

(5) In subsection (5) after the words "which a vehicle" there shall be inserted the words "found outside Greater London".

(6) After that subsection there shall be inserted--

" (5A) If, before the end of the period of one year beginning with the date on which a vehicle found in Greater London is sold by an authority in pursuance of this section, any person satisfies that authority that at the time of the sale he was the owner of the vehicle, that authority shall pay him any sum by which the proceeds of sale exceed the aggregate of--

(a) any penalty charge payable in respect of the parking of the vehicle in the place from which it was removed; and

(b) such sums in respect of the removal, storage and disposal of the vehicle--

(i) as the authority may require; or

(ii) in the case of sums payable to a competent authority which is not a local authority, as may be prescribed. "

(7) In subsection (6) for the words "and (5)" there shall be substituted the words "to (5A)".

68 Charges for removal, storage and disposal of vehicles

(1) Section 102 of the Road Traffic Regulation Act 1984 shall be amended as follows.

(2) In subsection (2)--

(a) in paragraphs (b) and (c) after the words "local authority" there shall be inserted the words "other than a London authority"; and

(b) after paragraph (c) there shall be added--

" and

(d) a London authority shall be entitled to recover from any person responsible, such charges in respect of the removal, storage and disposal of a vehicle removed from a parking place designated under section 6, 9 or 45 of this Act or otherwise provided or controlled by that authority as they may require. "

(3) In subsection (8)--

(a) in the definition of "appropriate authority", for paragraph (b) there shall be substituted--

" (b) in relation to a vehicle removed (by a person other than a constable or person acting in aid of a police force) from a place outside Greater London, which is a parking place provided or controlled by a local authority, or from a place (not being a parking place) on a road or land in the open air, means the local authority in whose area that place is, " ;

(b) in that definition, the words following paragraph (b) shall be omitted; and

(c) at the end of that subsection there shall be added-- " and

"London authority" means any council of a London borough or the Common Council of the City of London. "

(4) The following subsection shall be added at the end--

" (9) For the purposes of--

(a) subsection (2)(d) above, and

(b) paragraph (b) in the definition of "appropriate authority" in subsection (8) above,

a parking place provided under a letting or arrangements made by a local authority in pursuance of section 33(4) of this Act shall be treated as provided by that authority. "

69 Immobilisation of vehicles in parking places

(1) Where, in the case of a stationary vehicle in a designated parking place, a parking attendant has reason to believe that the vehicle has been permitted to remain at rest there in any of the circumstances specified in section 66(2) (a), (b) or (c) of this Act, he or another person acting under his direction may fix an immobilisation device to the vehicle.

(2) On any occasion when an immobilisation device is fixed to a vehicle in accordance with this section, the person fixing the device shall also fix to the vehicle a notice--

(a) indicating that such a device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion until it has been released from that device;

(b) specifying the steps to be taken in order to secure its release; and

(c) giving such other information as may be prescribed.

(3) A vehicle to which an immobilisation device has been fixed in accordance with this section may only be released from that device by or under the direction of a person authorised by the relevant authority to give such a direction.

(4) Subject to subsection (3) above, a vehicle to which an immobilisation device has been fixed in accordance with this section shall be released from that device on payment in any manner specified in the notice fixed to the vehicle under subsection (2) above of--

(a) the penalty charge payable in respect of the parking; and

(b) such charge in respect of the release as may be required by the relevant authority.

(5) A notice fixed to a vehicle in accordance with this section shall not be removed or interfered with except by or under the authority of--

(a) the owner, or person in charge, of the vehicle; or

(b) the relevant authority.

(6) A person contravening subsection (5) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(7) Any person who, without being authorised to do so in accordance with this section, removes or attempts to remove an immobilisation device fixed to a vehicle in accordance with this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8) In this section "relevant authority" means the London authority for the place in which the vehicle in question was found.

70 Exemptions from section 69

(1) Section 69(1) of this Act shall not apply in relation to a vehicle if--

(a) a current disabled person's badge is displayed on the vehicle;

(b) not more than 15 minutes have elapsed since the end of any period for which the appropriate charge was duly paid at the time of parking; or

(c) not more than 15 minutes have elapsed since the end of any unexpired time (in respect of another vehicle) which is available at the relevant parking meter at the time of parking.

(2) In any case in which section 69(1) of this Act would apply to a vehicle but for subsection (1)(a) above and the vehicle was not, at the time at which it was parked, being used--

(a) in accordance with regulations under section 21 of the [1970 c. 44.] Chronically Sick and Disabled Persons Act 1970; and

(b) in circumstances falling within section 117(1)(b) of the [1984 c. 27.] Road Traffic Regulation Act 1984 (use where a disabled person's concession would be available),

the person in charge of the vehicle at that time shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) In this section "disabled person's badge" has the same meaning as in section 142(1) of the Road Traffic Regulation Act 1984, and "parking meter" has the same meaning as in section 46(2)(a) of that Act.

71 Representations in relation to removal or immobilisation of vehicles

(1) The owner or person in charge of a vehicle who--

(a) removes it from the custody of a London authority in accordance with subsection (4A) of section 101 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (ultimate disposal of vehicles abandoned and removable under that Act);

(b) receives any sum in respect of the vehicle under subsection (5A) of that section;

(c) is informed that the proceeds of sale of the vehicle did not exceed the aggregate amount mentioned in subsection (5A) of that section; or

(d) secures its release from an immobilisation device in accordance with section 69(4) of this Act,

shall thereupon be informed of his right under this section to make representations to the relevant authority and of the effect of section 72 of this Act.

(2) The relevant authority shall give that information, or shall cause it to be given, in writing.

(3) Any person to whom subsection (1) above applies may make representations to the relevant authority on one or more of the grounds mentioned in subsection (4) below.

(4) The grounds are--

(a) that there were no reasonable grounds for the parking attendant concerned to believe that the vehicle had been permitted to remain at rest in the parking place in circumstances specified in section 66(2)(a), (b) or (c) of this Act;

(b) that the vehicle had been permitted to remain at rest in the parking place by a person who was in control of the vehicle without the consent of the owner;

(c) that the place in which the vehicle was at rest was not a designated parking place;

(d) in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, section 69 of this Act did not apply to the vehicle at the time in question; or

(e) that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.

(5) An authority may disregard any representations which are received by them after the end of the period of 28 days beginning with the date on which the person making them is informed, under subsection (1) above, of his right to make representations.

(6) It shall be the duty of an authority to whom representations are duly made under this section, before the end of the period of 56 days beginning with the date on which they receive the representations--

(a) to consider them and any supporting evidence which the person making them provides; and

(b) to serve on that person notice of their decision as to whether they accept that the ground in question has been established.

(7) Where an authority serve notice under subsection (6)(b) above that they accept that a ground has been established they shall (when serving that notice) refund any sums--

(a) paid under subsection (4A) of section 101 of the Act of 1984 when the vehicle was removed from the custody of the authority;

(b) deducted from the proceeds of sale of the vehicle under subsection (5A) of that section; or

(c) paid under section 69(4) of this Act when the vehicle was released,

except to the extent (if any) to which those sums were properly paid or deducted.

(8) Where an authority serve notice under subsection (6)(b) above that they do not accept that a ground has been established, that notice shall--

(a) inform the person on whom it is served of his right to appeal to a parking adjudicator under section 72 of this Act;

(b) indicate the nature of a parking adjudicator's power to award costs against any person appealing to him under that section; and

(c) describe in general terms the form and manner in which such an appeal is required to be made.

(9) Where an authority fail to comply with subsection (6) above before the end of the period of 56 days mentioned there--

(a) they shall be deemed to have accepted that the ground in question has been established and to have served notice to that effect under subsection (7) above; and

(b) subsection (7) above shall have effect as if it required any refund to be made immediately after the end of that period.

(10) A person who makes any representation under this section or section 72 of this Act which is false in a material particular and does so recklessly or knowing it to be false in that particular is guilty of an offence.

(11) Any person convicted of an offence under subsection (10) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(12) Any notice required to be served under this section may be served by post.

(13) Where the person on whom any document is required to be served by subsection (6) above is a body corporate, the document is duly served if it is sent by post to the secretary or clerk of that body.

(14) In this section and in section 72 of this Act "relevant authority" has the same meaning as in section 69(8) of this Act.

72 Appeals to parking adjudicator in relation to decisions under section 71

(1) Where an authority serve notice under subsection (6)(b) of section 71 of this Act that they do not accept that a ground on which representations were made under that section has been established, the person making those representations may, before--

(a) the end of the period of 28 days beginning with the date of service of that notice; or

(b) such longer period as a parking adjudicator may allow,

appeal to a parking adjudicator against the authority's decision.

(2) On an appeal under this section, the parking adjudicator shall consider the representations in question and any additional representations which are made by the appellant on any of the grounds mentioned in section 71(4) of this Act and, if he concludes--

(a) that any of the representations are justified; and

(b) that the relevant authority would have been under the duty imposed by section 71(7) of this Act to refund any sum if they had served notice that they accepted that the ground in question had been established,

he shall direct that authority to make the necessary refund.

(3) It shall be the duty of any authority to whom such a direction is given to comply with it forthwith.

73 Appointment of parking adjudicators by joint committee of the London authorities

(1) The London authorities shall establish a single joint committee under section 101(5) of the [1972 c. 70.] Local Government Act 1972 ("the Joint Committee") before the end of the period of two months beginning with the date on which the Secretary of State first issues his guidance under section 63 of this Act.

(2) The functions conferred on the London authorities by this section and section 74 of this Act shall be discharged by the Joint Committee.

(3) The London authorities shall--

(a) with the consent of the Lord Chancellor, appoint persons to act as parking adjudicators for the purposes of this Part of this Act;

(b) provide accommodation and administrative staff for the parking adjudicators; and

(c) determine the places at which parking adjudicators are to sit.

(4) To be qualified for appointment as a parking adjudicator, a person must have a 5 year general qualification (within the meaning of section 71 of the [1990 c. 41.] Courts and Legal Services Act 1990).

(5) Each parking adjudicator shall be appointed for such term, not exceeding five years, as the London authorities may specify in relation to his appointment.

(6) On the expiry of his term of appointment, a parking adjudicator shall be eligible for re-appointment.

(7) A parking adjudicator may be removed from office only for misconduct or on the ground that he is unable or unfit to discharge his functions but shall otherwise hold and vacate office in accordance with the terms of his appointment.

(8) The expenses of the Joint Committee incurred in the discharge of functions conferred on the London authorities by this Act shall be defrayed by the London authorities in such proportions as they may decide or, in default of a decision by them, as may be determined by an arbitrator nominated by the Chartered Institute of Arbitrators on the application of the Joint Committee.

(9) The costs of any reference to arbitration under subsection (8) above shall be borne by the London authorities in equal shares.

(10) Where the Secretary of State is satisfied that there has been, or is likely to be, a failure on the part of the London authorities to agree on the proportions in which the expenses of the Joint Committee are to be defrayed by them under subsection (8) above he may give the Joint Committee such directions as he considers appropriate in order to require it to refer the matter to arbitration under that subsection.

(11) The Secretary of State shall by regulations make provision as to the procedure to be followed in relation to proceedings before parking adjudicators.

(12) The regulations may, in particular, include provision--

(a) as to the manner in which appeals to parking adjudicators are to be made or withdrawn;

(b) authorising an appeal to a parking adjudicator to be disposed of on the basis of written representations unless the appellant requests an oral hearing;

(c) prescribing the procedure to be followed before the hearing of an appeal by a parking adjudicator;

(d) requiring any such hearing to be held in public except in prescribed circumstances;

(e) as to the persons entitled to appear and be heard on behalf of the parties;

(f) requiring persons to attend to give evidence and to produce documents;

(g) as to evidence at the hearing;

(h) as to the adjournment of hearings;

(i) for the award of costs in prescribed circumstances;

(j) for the settlement of costs, by taxation (and in particular by taxation in a county court) or by some other prescribed method;

(k) authorising decisions of parking adjudicators to be reserved;

(l) authorising or requiring parking adjudicators--

(i) to revise or set aside decisions;

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9

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