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Road Traffic Act 1991 (c. 40)

(The document as of February, 2008)

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(i) to revise or set aside decisions;

(ii) to revoke or vary orders made by them;

(m) requiring decisions of, and orders made by, parking adjudicators, to be recorded;

(n) as to the proof of decisions of, and orders made by, parking adjudicators;

(o) authorising the correction of clerical errors in records kept in accordance with the requirements of the regulations;

(p) requiring service of--

(i) notice of decisions of parking adjudicators;

(ii) copies of any orders made by such adjudicators; or

(iii) notice of any corrections made by parking adjudicators in their decisions or orders.

(13) Subject to any provision made by the regulations, a parking adjudicator may regulate his own procedure.

(14) If any person who is required to attend a hearing held by a parking adjudicator, or to produce any document to a parking adjudicator in accordance with any regulations under subsection (11) above, fails without reasonable excuse to do so, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(15) Any amount which is payable under an adjudication of a parking adjudicator shall, if a county court so orders, be recoverable by the person to whom the amount is payable, as if it were payable under a county court order.

(16) Subsection (15) above does not apply to a penalty charge which remains payable following an adjudication under paragraph 5 of Schedule 6 to this Act.

(17) In accordance with such requirements as may be imposed by the Joint Committee, each parking adjudicator shall make an annual report to the Joint Committee on the discharge of his functions.

(18) The Joint Committee shall make and publish an annual report in writing to the Secretary of State on the discharge by the parking adjudicators of their functions.

74 Fixing of certain parking and other charges for London

(1) It shall be the duty of the London authorities to set the levels of additional parking charges to apply in London.

(2) Different levels may be set for different areas in London and for different cases or classes of case.

(3) In discharging their duties under this section the London authorities shall have regard to the Secretary of State's parking guidance.

(4) The London authorities shall submit to the Secretary of State, for his approval, the levels of additional parking charges which they propose to set under subsection (1) above.

(5) If--

(a) the London authorities fail to discharge their duty under subsection (1) above; or

(b) the Secretary of State does not approve the levels of additional parking charges proposed by the London authorities,

the levels of additional parking charges for London shall be set by regulations made by the Secretary of State.

(6) It shall be the duty of the London authorities to impose additional parking charges at the levels set in accordance with the provisions of this section.

(7) The London authorities shall publish, in such manner as the Secretary of State may determine, the levels of additional parking charges which they have set.

(8) In this section "additional parking charges" means penalty charges, charges made by London authorities for the removal, storage and disposal of vehicles and charges in respect of the release of vehicles from immobilisation devices fixed under section 69 of this Act.

75 Immobilisation of vehicles in London by police

In the [1984 c. 27.] Road Traffic Regulation Act 1984, the following section shall be inserted after section 106--

" 106A Immobilisa-tion of vehicles in London

(1) Sections 104 and 105 of this Act shall extend throughout Greater London if the Secretary of State makes an order to that effect.

(2) If such an order is made, section 106 of this Act shall cease to apply in relation to Greater London when the order comes into force.

(3) Before such an order comes into force, section 106 of this Act shall have effect as if in subsection (7) the words "or by the Traffic Director for London" were added at the end and as if the following subsection were inserted after subsection (7)--

" (7A) Before making an order under this section at the request of the Traffic Director for London, the Secretary of State shall consult the appropriate local authority. "

(4) The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. "

76 Special parking areas

(1) Where a London authority apply to the Secretary of State for an order to be made under this section, the Secretary of State may make an order designating the whole, or any part, of that authority's area as a special parking area.

(2) Before making an order under this section, the Secretary of State shall consult the relevant Commissioner or, if appropriate, both Commissioners.

(3) While an order under this section is in force, the following provisions shall cease to apply in relation to the special parking area designated by the order--

(a) section 8 of the [1988 c. 53.] Road Traffic Regulation Act 1984 (contravention of, or failure to comply with, an order under section 6 of that Act to be an offence), so far as it relates to the contravention of, or failure to comply with, any provision of such an order--

(i) prohibiting or restricting the waiting of vehicles on any road; or

(ii) relating to any of the matters mentioned in paragraph 7 or 8 of Schedule 1 to that Act (conditions for loading or unloading, or delivery or collecting);

(b) section 11 of the Act of 1984 (contravention of, or failure to comply with, an experimental traffic order under section 9 of that Act to be an offence), so far as it relates to any contravention of, or failure to comply with, any provision of such an experimental traffic order--

(i) prohibiting or restricting the waiting of vehicles on any road; or

(ii) relating to any of the matters mentioned in paragraph 7 or 8 of Schedule 1 to that Act (conditions for loading or unloading, or delivery or collecting);

(c) section 16 of the Act of 1984 (contravention of a temporary restriction order or notice under section 14 of that Act to be an offence), so far as it relates to the contravention of any provision of an order or notice under section 14 of that Act which suspends any provision of an order made under section 45 or 46 of the Act of 1984;

(d) section 15 of the [1974 c. xxiv.] Greater London Council (General Powers) Act 1974 (parking of vehicles on verges, central reservations and footpaths etc. to be an offence);

(e) section 19 of the [1988 c. 52.] Road Traffic Act 1988 (parking of heavy vehicles on verges, central reservations and footpaths etc. to be an offence);

(f) section 21 of the Act of 1988 (prohibition of driving or parking on cycle tracks), so far as it makes it an offence to park a motor vehicle wholly or partly on a cycle track.

(4) The Secretary of State may by order amend subsection (3) above by adding further provisions (but only in so far as they apply in relation to stationary vehicles).

(5) Before making an order under subsection (4) above, the Secretary of State shall consult--

(a) the two Commissioners; and

(b) such associations of London authorities (if any) as he thinks appropriate.

77 Application of provisions in relation to special parking areas

(1) This section applies in relation to any vehicle which is stationary in a special parking area (but which is not in a designated parking place) in circumstances in which an offence would have been committed with respect to the vehicle but for section 76(3) above.

(2) A penalty charge shall be payable with respect to the vehicle by the owner of the vehicle.

(3) Section 66 of, and Schedule 6 to, this Act shall apply in relation to penalty charges payable by virtue of subsection (2) above, but subject to such modifications (if any) as the Secretary of State considers it appropriate to make in the order designating the special parking area in question.

(4) Where a parking attendant has reason to believe that a penalty charge is payable with respect to the vehicle by virtue of subsection (2) above, he or another person acting under his direction may fix an immobilisation device to the vehicle.

(5) Subsections (2) to (8) of section 69 of this Act shall apply in relation to a device fixed to a vehicle under subsection (4) above, but subject to such modifications (if any) as the Secretary of State considers it appropriate to make in the order designating the special parking area in question.

(6) An order under section 76 designating a special parking area may make such modifications of any provision of, or amended by, this Part of this Act as the Secretary of State considers appropriate in consequence of the provisions of section 76 or this section or of the order.



Miscellaneous

78 Enforcement

(1) In this section--

  • "certificated bailiff", means any person authorised to act as such under subsection (6) below; and

  • "a Part II debt" means any sum which is--

(a) payable under, or by virtue of, any provision of this Part of this Act; and

(b) recoverable as if it were payable under a county court order.

(2) The Lord Chancellor may by order make provision--

(a) for warrants of execution in respect of Part II debts, or such class or classes of Part II debts as may be specified in the order, to be executed by certificated bailiffs;

(b) as to the requirements which must be satisfied before any person takes, with a view to enforcing the payment of--

(i) a Part II debt; or

(ii) such class or classes of Part II debts as may be so specified,

any other step of a kind specified by the order.

(3) Any such order may make such incidental and supplemental provision (including modifications of any enactment other than this Act) as the Lord Chancellor considers appropriate in consequence of the provision made by that order under subsection (2) above.

(4) The Lord Chancellor may by regulations make provision in connection with the certification of bailiffs under this section and the execution of warrants of execution by such bailiffs.

(5) The regulations may, in particular, make provision--

(a) as to the security (if any) to be required from certificated bailiffs;

(b) as to the fees and expenses payable with respect to executions by certificated bailiffs; and

(c) for the suspension or cancellation of certificates issued under this section and with respect to the effect of any such suspension or cancellation.

(6) For the purposes of this section, a person is a certificated bailiff if he is authorised to act as such by a certificate signed--

(a) by a judge assigned to a county court district; or

(b) in such circumstances as may be specified in regulations made by the Lord Chancellor, by a district judge.

(7) Any person who is not a certificated bailiff but who purports to levy a distress as such a bailiff, and any person authorising him to levy it, shall be deemed to have committed a trespass.

79 Application to Crown and visiting forces

(1) Nothing in Part II of this Act applies in relation to any vehicle which--

(a) at the relevant time is used or appropriated for use for naval, military or airforce purposes;

(b) belongs to any visiting forces (within the meaning of the [1952 c. 67.] Visiting Forces Act 1952); or

(c) at the relevant time is used or appropriated for use, by any such forces.

(2) Sections 66 and 69 to 71 of this Act apply to--

(a) vehicles in the public service of the Crown which are required to be registered under the [1971 c. 10.] Vehicles (Excise) Act 1971 (other than those which are exempted by subsection (1)(a) above); and

(b) persons in the public service of the Crown.

80 Financial provisions

(1) With a view to reimbursing (in whole or in part) reasonable costs incurred by any London authority under sections 54 to 59, 61 and 62 of this Act, the Director may make such payments to the authority as he considers appropriate.

(2) The Secretary of State may, with the consent of the Treasury, make such grants to the Director as he considers appropriate to enable the Director to discharge his functions.

81 Minor and consequential amendments

The minor and consequential amendments set out in Schedule 7 to this Act shall have effect.

82 Interpretation of Part II

(1) In this Part of this Act--

  • "Commissioner" means the Commissioner of Police of the Metropolis or the Commissioner of Police for the City of London;

  • "designated parking place" means a parking place in London which is designated as a parking place under an order made under section 6, 9 or 45 of the [1984 c. 27.] Road Traffic Regulation Act 1984;

  • "the Director" means the Traffic Director for London appointed under section 52 of this Act;

  • "immobilisation device" has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984;

  • "the Joint Committee" has the meaning given by section 73(1) of this Act;

  • "local plan" has the meaning given in section 54(1) of this Act;

  • "local plan timetable" has the meaning given in section 54(7)(e) of this Act;

  • "London" means the area comprising the areas of the London boroughs, the City of London and the Temples;

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

  • "Minister's trunk road local plan" has the meaning given in section 56(1);

  • "network plan" has the meaning given by section 53(1) of this Act;

  • "parking attendant" has the same meaning as in section 63A of the [1984 c. 27.] Road Traffic Regulation Act 1984 (which is inserted by section 44 of this Act);

  • "penalty charge" has the same meaning as in section 66 of this Act;

  • "prescribed" means prescribed by regulations made by the Secretary of State;

  • "priority route" means a road designated by a priority route order;

  • "priority route order" has the meaning given in section 50(1) of this Act;

  • "priority route network" has the meaning given in section 50(2) of this Act;

  • "road" has the same meaning as in the Road Traffic Regulation Act 1984;

  • "the Secretary of State's parking guidance" has the meaning given in section 63(1) of this Act;

  • "the Secretary of State's traffic management guidance" has the meaning given in section 51(1) of this Act;

  • "trunk road" has the same meaning as in section 10 of the [1980 c. 66.] Highways Act 1980;

  • "trunk road local plan" has the meaning given in section 55(3) of this Act;

  • "vehicle hiring agreement" and "vehicle-hire firm" have the same meanings as in section 66 of the [1988 c. 53.] Road Traffic Offenders Act 1988 (hired vehicles).

(2) For the purposes of this Part of this Act, the owner of a vehicle shall be taken to be the person by whom the vehicle is kept.

(3) In determining, for the purposes of this Part of this Act, who was the owner of a vehicle at any time, it shall be presumed that the owner was the person in whose name the vehicle was at that time registered under the [1971 c. 10.] Vehicles (Excise) Act 1971.

(4) Section 28 of the [1970 c. 44.] Chronically Sick and Disabled Persons Act 1970 (power to define "disability" and other expressions) shall apply in relation to this Part of this Act as it applies to that Act.

(5) In determining, for the purposes of any provision of this Part of this Act, whether a penalty charge has been paid before the end of a particular period, it shall be taken to be paid when it is received by the London authority concerned.

(6) Any power to make an order or regulations conferred by this Part shall be exercisable by statutory instrument.

(7) Any statutory instrument made under this Part of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.



Part IIIII Supplementary

83 Repeals

The enactments mentioned in Schedule 8 to this Act (which include enactments which are spent) are hereby repealed to the extent specified in the third column of that Schedule.

84 Commencement

(1) The preceding sections of, and the Schedules to, this Act shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument; and different days may be appointed for different purposes and in respect of different areas.

(2) An order under subsection (1) above may make such transitional provision as appears to the Secretary of State to be necessary or expedient.

85 Expenses

Any expenditure incurred by the Secretary of State under or by virtue of this Act shall be payable out of money provided by Parliament.

86 Extent

Except in so far as it amends any enactment extending there, this Act does not extend to Northern Ireland.

87 Short title

This Act may be cited as the Road Traffic Act 1991.

SCHEDULES

Section 22.

SCHEDULE 1 Amendment of Schedule 1 to the Road Traffic Offenders Act 1988

1 Schedule 1 to the [1988 c. 53.] Road Traffic Offenders Act 1988 (procedural requirements applicable in relation to certain offences) shall be amended as follows.

2 After paragraph 1 there shall be inserted--

" 1A Section 1 also applies to--

(a) an offence under section 16 of the [1984 c. 27.] Road Traffic Regulation Act 1984 consisting in the contravention of a restriction on the speed of vehicles imposed under section 14 of that Act,

(b) an offence under subsection (4) of section 17 of that Act consisting in the contravention of a restriction on the speed of vehicles imposed under that section, and

(c) an offence under section 88(7) or 89(1) of that Act (speeding offences). "

3 In paragraph 2, at the beginning of sub-paragraph (c) there shall be inserted the word "to".

4 The Table in that Schedule shall be amended as follows.

5 In the entries relating to sections 1 and 2 of the [1988 c. 52.] Road Traffic Act 1988 (reckless driving offences) in column 2, for the word "reckless" there shall be substituted the word "dangerous".

6 After the entry relating to section 3 of that Act there shall be inserted--

" RTA section 3ACausing death by careless driving when under influence of drink or drugs.Section 11 of this Act. "

7 In the entry relating to section 4 of that Act (driving a motor vehicle when unfit through drink or drugs etc) in column 2, for the words "motor vehicle" there shall be substituted the words "mechanically propelled vehicle".

8 In the entry relating to section 28 of that Act (reckless cycling) in column 2, for the word "reckless" there shall be substituted the word "dangerous".

9 After the entry relating to section 36 of that Act there shall be inserted--

" RTA section 40AUsing vehicle in dangerous condition etc.Sections 11 and 12(1) of this Act.
RTA section 41ABreach of requirement as to brakes, steering-gear or tyres.Sections 11 and 12(1) of this Act.
RTA section 41BBreach of requirement as to weight: goods and passenger vehicles.Sections 11 and 12(1) of this Act. "

10 In the entry relating to section 42 of that Act, for the words in column 2 there shall be substituted the words "Breach of other construction and use requirements".

11 In the entry relating to section 71 of that Act (driving goods vehicle in contravention of prohibition etc) in column 2, the word "goods" in each place where it occurs shall be omitted.

12 In the entries relating to sections 87(1) and 87(2) of that Act (driving without a licence etc) in column 2, for the word "without" there shall be substituted the words "otherwise than in accordance with".

13 After the entry relating to section 87(2) of that Act there shall be inserted--

" RTA section 92(10)Driving after making false declaration as to physical fitness.Sections 6, 11 and 12(1) of this Act. "

14 In the entry relating to section 94 of that Act (failure to notify Secretary of State about disability etc) in column 1, for the words "Section 94" there shall be substituted the words "Section 94(3)".

15 After that entry there shall be inserted--

" RTA section 94(3A)Driving after such a failure.Sections 6, 11 and 12(1) of this Act.
RTA section 94ADriving after refusal of licence under section 92(3) or revocation under section 93.Sections 6, 11 and 12(1) of this Act. "

16 In the entry relating to section 164(6) of that Act (failing to produce driving licence to constable etc) in column 2 for the words "to constable" there shall be substituted the word "etc".

17 In the entry relating to section 174(1) or (6) of that Act (false statements etc), in column 1, for "(6)" there shall be substituted "(5)".



Section 26.

SCHEDULE 2 Amendment of Schedule 2 to the Road Traffic Offenders Act 1988

1 Part I of Schedule 2 to the [1988 c. 53.] Road Traffic Offenders Act 1988 (prosecution and punishment of offences) shall be amended as follows.

2 In the entry relating to section 16(1) of the [1984 c. 27.] Road Traffic Regulation Act 1984 (contravention of temporary prohibition or restriction) in columns 5 to 7 there shall be inserted--

" Discretionary if committed in respect of a speed restriction.Obligatory if committed in respect of a speed restriction.3-6 or 3 (fixed penalty) "

3 In the entry relating to section 17(4) of that Act (use of special road contrary to scheme or regulations), in column 7, for "3" there shall be substituted "3-6 or 3 (fixed penalty) if committed in respect of a speed restriction, 3 in any other case."

4 In the entry relating to section 89(1) of that Act (exceeding speed limit) in column 7, for "3" there shall be substituted "3-6 or 3 (fixed penalty)".

5 In the entry relating to section 1 of the [1988 c. 52.] Road Traffic Act 1988 (causing death by reckless driving)--

(a) in column 2 for the word "reckless" there shall be substituted the word "dangerous", and

(b) in column 7 for "4" there shall be substituted "3-11".

6 In the entry relating to section 2 of that Act (reckless driving)--

(a) in column 2, for the word "Reckless" there shall be substituted the word "Dangerous";

(b) for the words in column 5 there shall be substituted the word "Obligatory"; and

(c) for the words in column 7 there shall be substituted "3-11".

7 After the entry relating to section 3 of that Act there shall be inserted--

" RTA section 3ACausing death by careless driving when under influence of drink or drugs.On indictment.5 years or a fine or both.Obligatory.Obligatory.3-11 " .

8 In the entry relating to section 4(1) of that Act (driving or attempting to drive when unfit through drink or drugs) in column 7 for "4" there shall be substituted "3-11".

9 In the entry relating to section 4(2) of that Act (being in charge of a motor vehicle when unfit to drive) in column 2, for the words "motor vehicle" there shall be substituted the words "mechanically propelled vehicle".

10 In the entry relating to section 5(1)(a) of that Act (driving or attempting to drive with excess alcohol in breath, blood or urine) in column 7 for "4" there shall be substituted "3-11".

11 In the entry relating to section 7 of that Act (failing to provide specimen for analysis or laboratory test) in column 7 for the words "4 in case" there shall be substituted the words "3-11 in case".

12 In the entry relating to section 12 of that Act (motor racing and speed trials on public ways) in column 7 for "4" there shall be substituted "3-11".

13 After the entry relating to section 22 of that Act there shall be inserted--

" RTA section 22A.Causing danger to road-users.(a) Summarily.(b) On indictment.(a) 6 months or the statutory maximum or both.(b) 7 years or a fine or both.------ "

14 In the entry relating to section 23 of that Act (carrying passenger on motor-cycle contrary to that section), in column 7, for "1" there shall be substituted "3".

15 In the entry relating to section 28 of that Act (dangerous cycling)--

(a) in column 2 for the word "reckless" there shall be substituted the word "dangerous"; and

(b) in column 4, for the words "Level 3" there shall be substituted the words "Level 4".

16 In the entry relating to section 29 of that Act (careless and inconsiderate cycling), in column 4, for the words "Level 1" there shall be substituted the words "Level 3".

17 For the entry relating to section 42 of that Act (contravention of construction and use regulations) there shall be substituted--

" RTASection 40AUsing vehicle in dangerouscondition etc.Summarily.(a) Level 5 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than eight passengers.Discretionary.Obligatory.3
(b) Level 4 on the standard scale in any other case.
RTA section 41ABreach of requirement as to brakes, steering-gear or tyres.Summarily.(a) Level 5 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than eight passengers.Discretionary.Obligatory.3
(b) Level 4 on the standard scale in any other case.
RTA section 41BBreach of requirement as to weight: goods and passenger vehicles.Summarily.Level 5 on the standard scale.------
RTA section 42Breach of other construction and use requirements.Summarily.(a) Level 4 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than eight passengers.------
(b) Level 3 on the standard scale in any other case. "

18 In the entries relating to section 68 and 71 of that Act, in column 2, the word "goods" in each place where it occurs shall be omitted.

19 For the entry relating to section 87(1) of that Act (driving without a licence) there shall be substituted--

" RTA section 87(1)Driving otherwise than in accordance with a licence.Summarily.Level 3 on the standard scale.Discretionary in a case where the offender's driving would not have been in accordance with any licence that could have been granted to him.Obligatory in the case mentioned in column 5.3-6 "

20 In the entry relating to section 87(2) of that Act (causing or permitting to drive without a licence), in column 2 for the word "without" there shall be substituted the words "otherwise than in accordance with".

21 After the entry relating to section 92(7C) of that Act there shall be inserted--

" RTA section 92(10)Driving after making false declaration as to physical fitness.Summarily.Level 4 on the standard scale.Discretionary.Obligatory.3-6 "

22 In the entry relating to section 94 of that Act (failure to notify Secretary of State about disability etc) for the words "Section 94" there shall be substituted the words "Section 94(3)".

23 After that entry there shall be inserted--

" RTA section 94(3A)Driving after such a failure.Summarily.Level 3 on the standard scale.Discretionary.Obligatory.3-6
RTA section 94ADriving after refusal of licence under section 92(3) or revocation under section 93.Summarily.6 months or level 5 on the standard scale or both.Discretionary.Obligatory.3-6 "

24 In the entry relating to section 96 of that Act (driving with uncorrected defective eyesight or refusing to submit to test of eyesight) in column 7 for "2" there shall be substituted "3".

25 In the entry relating to section 103(1)(b) of that Act (obtaining licence, or driving, while disqualified) for the words in column 7 there shall be substituted "6".

26 In the entry relating to section 143 of that Act (using vehicle while uninsured or unsecured against third-party risks) in column 4 for the words "Level 4" there shall be substituted the words "Level 5".

27 In the entry relating to section 164 of that Act (failing to produce driving licence to constable etc) in column 2 for the words "to constable" there shall be substituted the word "etc".

28 In the entry relating to section 165 of that Act (failing to give constable certain information or to produce documents) the word "constable" shall be omitted.

29 In the entry relating to section 170(4) of that Act (failing to stop after accident or give particulars or report accident)--

(a) for the words in column 4 there shall be substituted "Six months or level 5 on the standard scale or both"; and

(b) in column 7 for "8-10" there shall be substituted "5-10".

30 In the entry relating to section 172 of that Act (failure of person keeping vehicle and others to give police information as to identity of driver etc in the case of certain offences) the following shall be inserted in columns 5 to 7--

" Discretionary, ifcommitted otherwise than by virtue of subsection (5) or (11).Obligatory, if committed otherwise than by virtue of subsection (5) or (11).3 "

31 In the entry relating to section 178 of that Act (taking etc in Scotland a motor vehicle without authority), the entries in columns 6 and 7 shall be omitted.

32 (1) Part II of Schedule 2 to the [1988 c. 53.] Road Traffic Offenders Act 1988 (disqualification and endorsement in relation to manslaughter, certain offences of theft etc) shall be amended as follows.

(2) In the entry relating to manslaughter or culpable homicide, in column 4 for "4" there shall be substituted "3-11".

(3) The entries in columns 3 and 4 relating to stealing or attempting to steal a motor vehicle or to section 12 or 25 of the [1968 c. 60.] Theft Act 1968 shall be omitted.



Section 43.

SCHEDULE 3 Permitted and special parking areas outside London



Permitted parking areas

1 (1) Where an application for an order under this sub-paragraph is made to the Secretary of State--

(a) with respect to the whole, or any part, of their area, by a county council in England and Wales;

(b) with respect to the whole of their area, by a metropolitan district council;

(c) with respect to the whole of their areas, by two or more metropolitan district councils acting jointly;

(d) with respect to the whole, or any part, of their area, by a regional or islands council in Scotland;

(e) with respect to the whole, or any part, of their area, by a district council in Wales acting with the consent of the county council; or

(f) with respect to the whole, or any part, of the Isles of Scilly, by the Council of the Isles of Scilly,

he may make an order designating the whole, or any part, of the area to which the application relates as a permitted parking area.

(2) Before making any such application, a county council in Wales shall consult the district councils whose areas lie wholly or partly within the area to which the application relates.

(3) Before making an order under sub-paragraph (1) above, the Secretary of State shall consult the appropriate chief officer of police.

(4) While an order under sub-paragraph (1) above is in force, the following provisions shall cease to apply in relation to the permitted parking area designated by the order--

(a) section 35A(1) of the [1984 c. 27.] Road Traffic Regulation Act 1984 (offences), so far as it relates to the contravention of, or non-compliance with, any provision of an order made under section 35 of that Act (use of parking places) in relation to parking places provided under section 32(1)(b) of that Act (power of local authorities to provide free parking places on roads); and

(b) section 47(1) of the Act of 1984 (offences) in so far as it applies in relation to any designated parking place.

(5) The Secretary of State may by order amend sub-paragraph (4) above by adding further provisions (but only in so far as they apply in relation to stationary vehicles).

(6) Before making an order under sub-paragraph (5) above, the Secretary of State shall consult--

(a) such representatives of chief officers of police; and

(b) such associations of local authorities (if any),

as he considers appropriate.



Special parking areas

2 (1) Where an application for an order under this sub-paragraph is made to the Secretary of State--

(a) with respect to the whole, or any part, of their area, by a county council in England and Wales;

(b) with respect to the whole, or any part, of their area, by a metropolitan district council;

(c) with respect to the whole, or any part, of their area, by a regional or islands council in Scotland; or

(d) with respect to the whole, or any part, of the Isles of Scilly, by the Council of the Isles of Scilly,

he may make an order designating the whole, or any part, of the area to which the application relates as a special parking area.

(2) Before making any such application, a county council in Wales shall consult the district councils whose areas lie wholly or partly within the area to which the application relates.

(3) Before making an order under sub-paragraph (1) above, the Secretary of State shall consult the appropriate chief officer of police.

(4) While an order under sub-paragraph (1) above is in force, the following provisions shall cease to apply in relation to the special parking area designated by the order--

(a) section 5 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (contravention of a traffic regulation order under section 1 of that Act to be an offence), so far as it relates to the contravention of any provision of such an order prohibiting or restricting the waiting, or the loading and unloading, of vehicles;

(b) section 11 of the Act of 1984 (contravention of, or failure to comply with, experimental traffic order under section 9 of that Act), so far as it relates to the contravention of, or failure to comply with, any provision of such an order prohibiting or restricting the waiting, or the loading and unloading, of vehicles;

(c) section 129(6) of the [1984 c. 54.] Roads (Scotland) Act 1984 (parking of a motor vehicle wholly or partly on a cycle track to be an offence);

(d) section 19 of the [1988 c. 52.] Road Traffic Act 1988 (parking of heavy vehicles on verges, central reservations and footpaths etc. to be an offence);

(e) section 21 of the Act of 1988 (prohibition of driving or parking on cycle tracks), so far as it makes it an offence to park a motor vehicle wholly or partly on a cycle track.

(5) The Secretary of State may by order amend sub-paragraph (4) above by adding further provisions (but only in so far as they apply in relation to stationary vehicles).

(6) Before making an order under sub-paragraph (5) above, the Secretary of State shall consult--

(a) such representatives of chief officers of police; and

(b) such associations of local authorities (if any);

as he considers appropriate.



Control of parking in permitted and special parking areas

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3 (1) This paragraph applies in relation to any vehicle which is stationary in a permitted parking area, or special parking area, in circumstances in which an offence would have been committed with respect to the vehicle but for paragraph 1 or (as the case may be) paragraph 2 above.

(2) A penalty charge shall be payable with respect to the vehicle, by the owner of the vehicle.

(3) An order under paragraph 1 or 2 above designating a permitted parking area, or special parking area, may--

(a) provide for such provisions of Part II of this Act as the Secretary of State considers appropriate to apply, with such modifications (if any) as he considers appropriate, in relation to the permitted or special parking area in question; and

(b) make such modifications of any enactment, including any provision of this Act, as the Secretary of State considers appropriate in consequence of the provisions of paragraph 1 or 2 above, this paragraph or the order.

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

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