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Road Traffic Act 1991 (c. 40)

(The document as of February, 2008)

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Page 9

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3 (1) Where representations are made under paragraph 2 above and the London authority concerned accept that the ground in question has been established they shall--

(a) cancel the notice to owner; and

(b) state in the notice served under paragraph 2(7) above that the notice to owner has been cancelled.

(2) The cancellation of a notice to owner under this paragraph shall not be taken to prevent the London authority concerned serving a fresh notice to owner on another person.

(3) Where the ground that is accepted is that mentioned in paragraph 2(4)(e) above, the person hiring the vehicle shall be deemed to be its owner for the purposes of this Schedule.



Rejection of representations against notice to owner

4 Where any representations are made under paragraph 2 above but the London authority concerned do not accept that a ground has been established, the notice served under paragraph 2(7) above ("the notice of rejection") must--

(a) state that a charge certificate may be served under paragraph 6 below unless before the end of the period of 28 days beginning with the date of service of the notice of rejection--

(i) the penalty charge is paid; or

(ii) the person on whom the notice is served appeals to a parking adjudicator against the penalty charge;

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

(c) describe in general terms the form and manner in which an appeal to a parking adjudicator must be made,

and may contain such other information as the authority consider appropriate.



Adjudication by parking adjudicator

5 (1) Where an authority serve notice under sub-paragraph (7) of paragraph 2 above, that they do not accept that a ground on which representations were made under that paragraph 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 paragraph, 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 paragraph 2(4) above and may give the London authority concerned such directions as he considers appropriate.

(3) It shall be the duty of any authority to whom a direction is given under sub-paragraph (2) above to comply with it forthwith.



Charge certificates

6 (1) Where a notice to owner is served on any person and the penalty charge to which it relates is not paid before the end of the relevant period, the authority serving the notice may serve on that person a statement (a "charge certificate") to the effect that the penalty charge in question is increased by 50 per cent.

(2) The relevant period, in relation to a notice to owner, is the period of 28 days beginning--

(a) where no representations are made under paragraph 2 above, with the date on which the notice to owner is served;

(b) where--

(i) such representations are made;

(ii) a notice of rejection is served by the authority concerned; and

(iii) no appeal against the notice of rejection is made,

with the date on which the notice of rejection is served; or

(c) where there has been an unsuccessful appeal against a notice of rejection, with the date on which notice of the adjudicator's decision is served on the appellant.

(3) Where an appeal against a notice of rejection is made but is withdrawn before the adjudicator gives notice of his decision, the relevant period in relation to a notice to owner is the period of 14 days beginning with the date on which the appeal is withdrawn.



Enforcement of charge certificate

7 Where a charge certificate has been served on any person and the increased penalty charge provided for in the certificate is not paid before the end of the period of 14 days beginning with the date on which the certificate is served, the authority concerned may, if a county court so orders, recover the increased charge as if it were payable under a county court order.



Invalid notices

8 (1) This paragraph applies where--

(a) a county court makes an order under paragraph 7 above;

(b) the person against whom it is made makes a statutory declaration complying with sub-paragraph (2) below; and

(c) that declaration is, before the end of the period of 21 days beginning with the date on which notice of the county court's order is served on him, served on the county court which made the order.

(2) The statutory declaration must state that the person making it--

(a) did not receive the notice to owner in question;

(b) made representations to the London authority concerned under paragraph 2 above but did not receive a rejection notice from that authority; or

(c) appealed to a parking adjudicator under paragraph 5 above against the rejection by that authority of representations made by him under paragraph 2 above but had no response to the appeal.

(3) Sub-paragraph (4) below applies where it appears to a district judge, on the application of a person on whom a charge certificate has been served, that it would be unreasonable in the circumstances of his case to insist on him serving his statutory declaration within the period of 21 days allowed for by sub-paragraph (1) above.

(4) Where this sub-paragraph applies, the district judge may allow such longer period for service of the statutory declaration as he considers appropriate.

(5) Where a statutory declaration is served under sub-paragraph (1)(c) above--

(a) the order of the court shall be deemed to have been revoked;

(b) the charge certificate shall be deemed to have been cancelled;

(c) in the case of a declaration under sub-paragraph (2)(a) above, the notice to owner to which the charge certificate relates shall be deemed to have been cancelled; and

(d) the district judge shall serve written notice of the effect of service of the declaration on the person making it and on the London authority concerned.

(6) Service of a declaration under sub-paragraph (2)(a) above shall not prevent the London authority serving a fresh notice to owner.

(7) Where a declaration has been served under sub-paragraph (2)(b) or (c) above, the London authority shall refer the case to the parking adjudicator who may give such direction as he considers appropriate.



Offence of giving false information

9 (1) A person who, in response to a notice to owner served under this Schedule, makes any representation under paragraph 2 or 5(2) above 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.

(2) Any person guilty of such an offence shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.



Service by post

10 Any charge certificate, or notice under this Schedule--

(a) may be served by post; and

(b) where the person on whom it is to be served is a body corporate, is duly served if it is sent by post to the secretary or clerk of that body.



Section 81.

SCHEDULE 7 Minor and Consequential Amendments in Relation to London



The Tribunals and Inquiries Act 1971 (c. 62)

1 In paragraph 30 of the Tribunals and Inquiries Act 1971, in Part I of Schedule 1 (tribunals under direct supervision of the Council on Tribunals) after "30" there shall be inserted "(a)", and at the end of that paragraph there shall be inserted the words " and

(b) a parking adjudicator appointed under section 73(3)(a) of the Road Traffic Act 1991. "



The Greater London Council (General Powers) Act 1974 (c. xxiv)

2 In section 15 of the Greater London Council (General Powers) Act 1974 (parking on footways etc.) in subsection (12)(b) for the words "under section 84" there shall be substituted the words "made by virtue of section 84(1)(a)".



The Road Traffic Regulation Act 1984 (c. 27)

3 In section 7 of the Road Traffic Regulation Act 1984 (provisions supplementary to section 6), in subsection (6) for the words "Secretary of State for the Home Department" there shall be substituted the words "the Commissioner of Police for any police area in which is situated any road or part of a road to which the order is to relate".

4 In that Act, after section 13 there shall be inserted--



" Temporary suspension

13A Temporary suspension of provisions under s. 6 or 9 orders

(1) The Commissioner of Police of the Metropolis or the Commissioner of Police for the City of London may temporarily suspend the operation of any provision of an order made under section 6 or 9 of this Act so far as that provision relates to any road or part of a road in Greater London which is within his area, in order to prevent or mitigate congestion or obstruction of traffic, or danger to or from traffic in consequence of extraordinary circumstances.

(2) Subject to subsection (3) below, the period of suspension under subsection (1) above shall not continue for more than 7 days.

(3) If the Secretary of State gives his consent to the period of suspension being continued for more than 7 days, the suspension shall continue until the end of such period as may be specified by the Secretary of State in giving his consent. "

5 (1) Section 55 of that Act (financial provisions relating to designation orders) shall be amended as follows.

(2) In subsection (1), for the words from "designated" to the end there shall be substituted the words " for which they are the local authority and which are--

(a) in the case of the council of a London borough and the Common Council of the City of London, parking places on the highway; and

(b) in the case of any other authority, designated parking places. "

(3) After subsection (3) there shall be inserted--

" (3A) The council of each London borough and the Common Council of the City of London shall, after each financial year, report to the Secretary of State on any action taken by them, pursuant to subsection (2) or (3) above, in respect of any deficit or surplus in their account for the year.

(3B) The report under subsection (3A) above shall be made as soon after the end of the financial year to which it relates as is reasonably possible. "

(4) In subsection (4)(c), the words from "to the council" to "City of London" shall be omitted.

6 (1) Section 105 of that Act (exemptions from provisions relating to immobilisation of vehicles) shall be amended as follows.

(2) In subsection (2) after the words "of any vehicle" there shall be inserted the words "found otherwise than in Greater London".

(3) After subsection (2) there shall be inserted--

" (2A) The exemption under subsection (1)(b) above shall not apply in the case of any vehicle found in Greater London if the meter bay in which it was found was not authorised for use as such at the time when it was left there. "

(4) In subsection (3) for the words "subsection (2)(a)" there shall be substituted the words "subsections (2)(a) and (2A)".

7 In section 122 of that Act (exercise of functions by local authorities) there shall be added at the end--

" (3) The duty imposed by subsection (1) above is subject to the provisions of Part II of the Road Traffic Act 1991. "



The Local Government Act 1985 (c. 51)

8 (1) For paragraph 5 of Schedule 5 to the Local Government Act 1985 (designation of routes in London) there shall be substituted--

" 5 (1) For the purpose of facilitating the movement of traffic in Greater London, the Secretary of State may by order designate a road in that area.

(2) Before doing so, he shall consult--

(a) the council of the London borough in which the road is;

(b) the council of any other London borough or of any county where there is a road which he considers is likely to be affected by the designation; and

(c) such other persons (if any) as he considers it appropriate to consult.

(3) No council of a London borough 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 designated road unless the requirements of sub-paragraph (4) below have been satisfied.

(4) The requirements are that--

(a) the council concerned has given notice to the Director, in such manner as he may require, of its proposal to exercise the power in the way in question; and

(b) either--

(i) the Director has approved the 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.

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

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

(a) all or any of the London boroughs;

(b) all or any of the designated roads; or

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

(7) This paragraph does not apply to the exercise of a power under section 14 or sections 32 to 38 of the 1984 Act in relation to a road which is not a designated road.

(8) If the council of a London borough exercises any power in contravention of this paragraph, the Director may take such steps as he considers appropriate to reverse or modify the effect of the exercise of that power.

(9) Any reasonable expenses incurred by the Director in taking any steps under sub-paragraph (8) shall be recoverable by him from the council as a civil debt.

(10) In this paragraph--

  • "designated road" means a road designated under this paragraph; and

  • "Director" means the Traffic Director for London. "

9 (1) Paragraph 6 of that Schedule (guidance as to exercise of traffic powers) shall be amended as follows.

(2) In sub-paragraph (5) for the words "summarily as a civil debt" there shall be substituted the words "as a debt due to the Crown".

(3) After sub-paragraph (6), there shall be inserted--

" (7) Sub-paragraphs (3) to (6) above shall not apply in relation to the exercise of any power, by the council of a London borough, in complying with the duty imposed on them by section 57(1) of the Road Traffic Act 1991 (implementation of local plans). "

10 In paragraph 10(6) of that Schedule (recovery of sums expended by the Secretary of State in connection with traffic control systems) for the words "summarily as a civil debt" there shall be substituted the words "as a debt due to the Crown".

11 In paragraph 11 of that Schedule (recovery of sums expended by the Secretary of State to obtain information) for the words "summarily as a civil debt" there shall be substituted the words "as a debt due to the Crown".



The New Roads and Street Works Act 1991 (c. 22)

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12 In section 64 of the New Roads and Street Works Act 1991 (traffic-sensitive streets), after subsection (3) there shall be added--

" (4) Where any council of a London borough or the Common Council of the City of London are asked by the Traffic Director for London to designate a street as a traffic-sensitive street and they decline to do so, the Director may appeal to the Secretary of State who may direct that the street be designated. "



Section 83.

SCHEDULE 8 Repeals

ChapterShort titleExtent of repeal
1970 c. 44.The Chronically Sick and Disabled Persons Act 1970.In section 21(4) the words "and any badge" onwards.In section 21(5) the words "and in the case" onwards.
1972 c. 27.The Road Traffic (Foreign Vehicles) Act 1972.In Schedule 1--the entry relating to section 8(1) of the Public Passenger Vehicles Act 1981;in the entry relating to section 68 of the Road Traffic Act 1988, the word "goods".
1972 c. 71.The Criminal Justice Act 1972.Section 24(2).
1973 c. 62.The Powers of Criminal Courts Act 1973.In section 44(3), paragraphs (a) and (b) and the word "and" immediately preceding them.
1975 c. 46.The International Road Haulage Permits Act 1975.In section 1(9), the words "section 56(1) of the Road Traffic Act 1972 or".
1981 c. 14.The Public Passenger Vehicles Act 1981.Section 7.Section 8(1) to (2).In section 8(3), the words "for the purposes of this Act".Section 9.In section 9A(1), the words "with the omission of subsection (1)(b)".Section 9A(2).Section 20(6).Section 51(2).In section 53(1), the words "certifying officers, public service vehicle examiners" and the words "public service" in the second place where they appear.Section 65(1)(f).In section 66A(1), paragraph (b) and the word "or" immediately preceding it.In section 68(4), the reference to section 9(9)(b).In section 82(1), the definition of "certifying officer".In Schedule 7, paragraph 17(a).
1982 c. 49.The Transport Act 1982.In section 9, the paragraph beginning "Any functions under section 9".Section 10(5).In section 10(8), the words from "Without prejudice" to "their functions".Section 19.Section 21(2) and (3).Section 23(4).In Schedule 5, paragraph 21.
1984 c. 27.The Road Traffic Regulation Act 1984.In section 17(2), the word "or" at the end of paragraph (b).Section 35(9).In section 51(5), the words "being not less than 2 years".In section 55(4)(c), the words from "to the Council" to "City of London".In section 85(1), the words "the prescribed".In section 85(2)(a), the words "the prescribed".In section 99(2), paragraph (c) and the word "and" immediately preceding it.In section 102(2), the word "and" at the end of paragraph (b).In section 102(8), the words following paragraph (b) in the definition of "appropriate authority", and the word "and" at the end of the definition of "person responsible".Section 104(10).In section 105(3)(b), the words "under section 49(4) of this Act."In section 106--subsections (2) to (4), (6) and (10);in subsection (5), the words "After the end of the experimental period";in subsection (9), the words "except in the case of an order to which subsection (6) above applies".In section 117(3), the definition of "disabled person's badge".Section 141.In Schedule 13, in paragraph 40, the words "and for" onwards.
1985 c. 67.The Transport Act 1985.In Part II of Schedule 2, paragraph 4(3) and (11)(b).In Schedule 7, paragraph 21(2) and (3).
1988 c. 52.The Road Traffic Act 1988.Section 15(10).Section 19A.In section 29, the words "In this section" to the end.Secti "and" at the end of paragraph (k).In section 183(3), paragraph (b) and the word "and" immediately preceding it.In section 192(2), the word ""road"".Section 193.Schedule 4.
1988 c. 53.The Road Traffic Offenders Act 1988.In section 17(3), the word "goods" in each place where it occurs.Section 23(2).Section 27(2).In section 30(2), the words "Subject to section 28(2) of this Act,".Section 30(3).Section 54(8).Section 59(6).Section 60.In Schedule 1, in the Table--in the entry relating to section 71 of the Road Traffic Act 1988, in column 2 the word "goods" in each place where it occurs;the entries relating to sections 97 and 98 of that Act.In Part I of Schedule 2--in the entries relating to sections 68 and 71 of the Road Traffic Act 1988, in column 2 the word "goods" in each place where it occurs;the entries relating to sections 97 and 98 of that Act;in the entry relating to section 165 of that Act, in column 2 the word "constable";the entries in columns 6 and 7 relating to section 178 of that Act;in the entry relating to section 26 of the Road Traffic Offenders Act, in column 2 the words "on committal for sentence etc."In Part II of Schedule 2, 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 Theft Act 1968.In Schedule 3, the entry relating to section 97 of the Road Traffic Act 1988.
1988 c. 54.The Road Traffic (Consequential Provisions) Act 1988.Section 6.In Part I of Schedule 2-- paragraph 1;in paragraph 3(1) the entry beginning "for "section 56(2)(a)"".paragraph 4(2);paragraph 8;paragraph 9;paragraph 10(b);paragraph 13(b)(ii);paragraph 15(b) and theword "and" immediately preceding it.Parts II, III and IV of Schedule 2.In Schedule 3--paragraph 6(3) and (5);paragraph 8(1);paragraph 8(2)(d) and the word "and" immediately preceding it;paragraph 9(1)(c) and the word "and" immediately preceding it;paragraph 9(3)(b);paragraph 11(b) and (c);paragraph 37(1) and (2).Schedule 5.
1989 c. 22.The Road Traffic (Driver Licensing and Information Systems) Act 1989.In Schedule 3, paragraph 21.
1991 c. 40The Road Traffic Act 1991.In Schedule 4, paragraph 79.

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