Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
General
Driving offences
For sections 1 and 2 of the Road Traffic Act 1988 there shall be substituted—
For section 3 of the Road Traffic Act 1988 there shall be substituted—
Drink and drugs
Before section 4 of the Road Traffic Act 1988 there shall be inserted—
In section 4 of the Road Traffic Act 1988, in subsections (1), (2) and (3) for the words “motor vehicle” there shall be substituted the words “ mechanically propelled vehicle ”.
Motoring events
After section 13 of the Road Traffic Act 1988 there shall be inserted—
Danger to road-users
Before section 23 of the Road Traffic Act 1988 there shall be inserted—
Cycling
For section 28 of the Road Traffic Act 1988 there shall be substituted—
Construction and use
At the beginning of Part II of the Road Traffic Act 1988 there shall be inserted—
For section 42 of that Act there shall be substituted—
Section 7 of the Public Passenger Vehicles Act 1981 and section 68(1) and (2) of the Road Traffic Act 1988 (which provide for the appointment of certifying officers, public service vehicle examiners and examiners of goods vehicles) shall cease to have effect, and after section 66 of the Road Traffic Act 1988 there shall be inserted—
Any reference in any Act, or in any instrument made under any Act, to a certifying officer or public service vehicle examiner appointed under the Public Passenger Vehicles Act 1981 or to an examiner appointed under section 68(1) of the Road Traffic Act 1988 shall, so far as may be appropriate in consequence of the preceding provisions of this section, be construed as a reference to an examiner appointed under section 66A of the Road Traffic Act 1988.
Section 67 of the Road Traffic Act 1988 (tests on roads to ascertain compliance with certain requirements) shall be amended as follows.
In subsection (1) for paragraph (a) there shall be substituted—.
For subsection (2) there shall be substituted—
In subsection (4)(b) for “68(1)” there shall be substituted “ 66A ”.
In subsection (4)(e) for the words “under instructions of the” there shall be substituted the words “ on behalf of a ”.
Subsections (1) to (2) of section 8 of the Public Passenger Vehicles Act 1981 (inspection of public service vehicles) shall cease to have effect, and for section 68 of the Road Traffic Act 1988 (inspection of goods vehicles) there shall be substituted—
Section 9 of the Public Passenger Vehicles Act 1981 (unfit public service vehicles) shall cease to have effect, and for section 69 of the Road Traffic Act 1988 (unfit goods vehicles) there shall be substituted—
Section 70 of the Road Traffic Act 1988 shall be amended as follows.
In subsection (1)—
after the words “where a goods vehicle” there shall be inserted the words “ , or a motor vehicle adapted to carry more than eight passengers, ”;
for the words “a goods vehicle examiner” there shall be substituted the words “ a vehicle examiner ”;
at the end there shall be added the words “ or that by reason of excessive overall weight or excessive axle weight on any axle driving the vehicle would involve a danger of injury to any person ”.
In subsection (2)—
for “69(2)” there shall be substituted “ 69(6) ”;
after the words “that limit” there shall be inserted the words “ or, as the case may be, so that it is no longer excessive ”.
In subsection (4), for the words “a goods vehicle examiner” there shall be substituted the words “ a vehicle examiner ”.
For section 71 of the Road Traffic Act 1988 there shall be substituted—
For section 72 of the Road Traffic Act 1988 there shall be substituted—
Section 75 of the Road Traffic Act 1988 (vehicles not to be sold in unroadworthy condition or altered so as to be unroadworthy) shall be amended as follows.
In subsection (3), sub-paragraph (iii) of paragraph (a) shall be omitted and for paragraph (b) there shall be substituted—.
In subsection (4), after the words “that condition” there shall be inserted—, and at the end there shall be added the words
In subsection (6), paragraph (c) shall be omitted.
After subsection (6) there shall be inserted—
Licensing of drivers
In subsection (1) of section 87 of the Road Traffic Act 1988 (offence for person to drive if he is not the holder of a licence) for the words “if he is not the holder of” there shall be substituted the words “ otherwise than in accordance with ”.
In subsection (2) of that section (offence to allow a person to drive if he does not hold a licence) for the words “if that other person is not the holder of a licence authorising him” there shall be substituted the words “ otherwise than in accordance with a licence authorising that other person ”.
Sections 97(7) and 98(5) of the Road Traffic Act 1988 (which make it an offence to fail to comply with the conditions of certain licences) shall cease to have effect.
In section 92 of the Road Traffic Act 1988 (physical fitness of drivers) at the end there shall be added—
In section 94 of that Act (provision of information about disabilities) after subsection (3) there shall be inserted—
After section 94 of that Act there shall be inserted—
For section 103 of the Road Traffic Act 1988 there shall be substituted—
Insurance
Section 144 of the Road Traffic Act 1988 shall be amended as follows.
In subsection (1) (which removes the requirement for third-party insurance or security where £15,000 is kept deposited with the Accountant General of the Supreme Court) for “£15,000” there shall be substituted “ £500,000 ”.
After subsection (1) there shall be inserted—
Information
For section 172 of the Road Traffic Act 1988 there shall be substituted—
Trial
Schedule 1 to this Act, which amends Schedule 1 to the Road Traffic Offenders Act 1988 (procedural requirements applicable in relation to certain offences), shall have effect.
For section 20 of the Road Traffic Offenders Act 1988 (admissibility of measurement of speed by radar) there shall be substituted—
For section 24 of the Road Traffic Offenders Act 1988 there shall be substituted—
For section 26 of the Road Traffic Offenders Act 1988 (interim disqualification on committal for sentence in England and Wales) there shall be substituted—
Penalties
Schedule 2 to this Act, which amends Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences), shall have effect.
For section 28 of the Road Traffic Offenders Act 1988 there shall be substituted—
For section 29 of the Road Traffic Offenders Act 1988 there shall be substituted—
Section 34 of the Road Traffic Offenders Act 1988 (disqualification for certain offences) shall be amended as follows.
For subsection (2) there shall be substituted—
In subsection (3) before paragraph (a) there shall be inserted—.
For subsection (4) there shall be substituted—
After section 34 of the Road Traffic Offenders Act 1988 there shall be inserted—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For section 36 of the Road Traffic Offenders Act 1988 there shall be substituted—
In section 37 of the Road Traffic Offenders Act 1988 (effect of order of disqualification) after subsection (1) there shall be inserted—
For sections 75 to 77 of the Road Traffic Offenders Act 1988 (which relate to Scotland only) there shall be substituted—
Miscellaneous
Section 21 of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons) shall be amended in accordance with subsections (2) to (5) below.
For subsections (2) and (3) there shall be substituted—
In subsection (4), the words “and any badge” onwards shall be omitted.
After subsection (4) there shall be inserted—
In subsection (5), the words “and in the case” onwards shall be omitted.
In section 117 of the Road Traffic Regulation Act 1984 (wrongful use of disabled person’s badge) for subsections (1) and (2) there shall be substituted—
After each of sections 223 and 436 of the Criminal Procedure (Scotland) Act 1975 there shall be added sections numbered 223A and 436A in the following terms—
In Part V of the Highways Act 1980 immediately before section 96 there shall be inserted—
In Part IV of the Roads (Scotland) Act 1984 after section 49 there shall be inserted—
After section 35B of the Road Traffic Regulation Act 1984 there shall be inserted—
After section 46 of the Road Traffic Regulation Act 1984 (which deals with charges at, and regulation of, parking places) there shall be inserted—
In this section “London” has the same meaning as it has in Part II of this Act.
After section 63 of the Road Traffic Regulation Act 1984, there shall be inserted—
Section 84 of the Road Traffic Regulation Act 1984 (speed limits on roads other than restricted roads), shall be amended as follows.
For subsection (1) there shall be substituted—
In subsection (3) for the words “under subsection (1)” there shall be substituted the words “ made by virtue of subsection (1)(a) ”.
At the end there shall be added—
After section 141 of the Road Traffic Regulation Act 1984 (tramcars and trolley vehicles) there shall be inserted—
After section 193 of the Road Traffic Act 1988 (exemptions for tramcars, trolley vehicles etc) there shall be inserted—
Part II of the Local Government (Miscellaneous Provisions) Act 1976 (including that Part as it applies in any area at the commencement of this section) shall have effect with the insertion of the following subsection after subsection (1) of each of section 51 (licensing of drivers of private hire vehicles) and section 59 (qualifications for drivers of hackney carriages)—
Where any local Act contains a provision requiring a district council to be satisfied as to the fitness of an applicant to hold a licence to drive a private hire vehicle or a hackney carriage, the council may send to the chief officer of police for the police area in which the council is situated—and the chief officer shall respond to the request.
a copy of that person’s application, and
a request for the chief officer’s observations;
In subsection (2), the reference to a district council shall be read in relation to Wales as including a reference to a county council or county borough council.
Schedule 4 to this Act, which makes minor amendments and amendments consequential on the preceding provisions of this Act, shall have effect.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Traffic In London
Priority routes
The Secretary of State shall appoint a person to be known as the Traffic Director for London (in this Act referred to as “the Director”).
Schedule 5 to this Act shall have effect with respect to the Director.
In addition to the specific duties imposed on him by this or any other enactment, the Director shall have the general duty—
of co-ordinating the introduction and maintenance of traffic management measures taken by highway authorities in relation to priority routes established under this Part of this Act; and
of monitoring the operation of those measures.
The Director shall keep under review the manner in which the London authorities exercise their functions under Part III of the New Roads and Street Works Act 1991 in relation to priority routes or roads which, in his opinion, are likely to affect traffic using any priority route.
The Secretary of State shall set objectives which he expects the Director to meet in exercising his functions.
The Secretary of State shall publish, in such manner as he considers appropriate, any objectives which he sets under subsection (5) above.
The Director shall exercise his functions—
so as to meet any such objectives, so far as it is reasonably practicable for him to do so; and
in accordance with any directions which the Secretary of State may from time to time see fit to give him.
Any objectives set for the Director under subsection (5) above and any directions given to him under subsection (7) above may be specific or general.
The Secretary of State shall publish, in such manner as he considers appropriate, any directions which he gives to the Director under subsection (7) above.
Local plans and trunk road local plans
A London authority may vary their local plan, but only with the written consent of the Director.
The Director may give a direction to any London authority requiring them to vary their local plan in such manner as may be specified in the direction.
In varying their local plan, a London authority shall have regard to the Secretary of State’s traffic management guidance and to the network plan.
Before varying their local plan, a London authority shall consult—
the relevant Commissioner or, if appropriate, both Commissioners;
London Regional Transport;
such organisations representing the interests of people with a disability who may be affected by the plan as appear to the authority to be appropriate; and
any other London authority within whose area there is situated any road which is not a priority route but which is, in the authority’s opinion, likely to be affected by the proposed variation.
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.
Before varying a local plan on behalf of a London authority the Director shall consult—
that authority;
the relevant Commissioner or, if appropriate, both Commissioners;
London Regional Transport;
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
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.
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.
Parking in London
In section 46 of the 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 ”.
After subsection (1) of that section there shall be inserted the following subsection—
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).
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)—
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—
fix a penalty charge notice to the vehicle; or
give such a notice to the person appearing to him to be in charge of the vehicle.
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—
the vehicle has been left—
otherwise than as authorised by or under any order relating to the designated parking place; or
beyond the period of parking which has been paid for;
no parking charge payable with respect to the vehicle has been paid; or
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.
A penalty charge notice must state—
the grounds on which the parking attendant believes that a penalty charge is payable with respect to the vehicle;
the amount of the penalty charge which is payable;
that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;
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;
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;
the address to which payment of the penalty charge must be sent.
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.
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—
the owner, or person in charge, of the vehicle; or
the London authority for the place in which the vehicle in question was found.
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.
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.
Section 101 of the Road Traffic Regulation Act 1984 shall be amended as follows.
In subsection (1) for “(5)” there shall be substituted“ (5A) ”.
In subsection (4) after the words “before a vehicle” there shall be inserted the words“ found outside Greater London ”.
After that subsection there shall be inserted—
In subsection (5) after the words “which a vehicle” there shall be inserted the words“ found outside Greater London ”.
After that subsection there shall be inserted—
In subsection (6) for the words “and (5)” there shall be substituted the words“ to (5A) ”.
Section 102 of the Road Traffic Regulation Act 1984 shall be amended as follows.
In subsection (2)—
in paragraphs (b) and (c) after the words “local authority” there shall be inserted the words“ other than a London authority ”; and
after paragraph (c) there shall be added—
In subsection (8)—
in the definition of “appropriate authority”, for paragraph (b) there shall be substituted—;
in that definition, the words following paragraph (b) shall be omitted; and
at the end of that subsection there shall be added—
The following subsection shall be added at the end—
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.
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—
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;
specifying the steps to be taken in order to secure its release; and
giving such other information as may be prescribed.
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.
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—
the penalty charge payable in respect of the parking; and
such charge in respect of the release as may be required by the relevant authority.
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—
the owner, or person in charge, of the vehicle; or
the relevant authority.
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.
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.
In this section “relevant authority” means the London authority for the place in which the vehicle in question was found.
Section 69(1) of this Act shall not apply in relation to a vehicle if—
a current disabled person’s badge is displayed on the vehicle;
a current recognised badge (within the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970) is displayed on the vehicle;
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
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.
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—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.
in accordance with regulations under section 21 of the Chronically Sick and Disabled Persons Act 1970; and
in circumstances falling within section 117(1)(b) of the Road Traffic Regulation Act 1984 (use where a disabled person’s concession would be available),
In any case in which section 69(1) of this Act would apply to a vehicle but for subsection (1)(aa) above and the vehicle was not, at the time at which it was parked, being used—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.
in accordance with regulations under section 21A of the Chronically Sick and Disabled Persons Act 1970, and
in circumstances falling within section 117(1A)(b) of the Road Traffic Regulation Act 1984 (use where a disabled person’s concession would be available by virtue of displaying a non-GB badge),
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.
The owner or person in charge of a vehicle who—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.
removes it from the custody of a London authority in accordance with subsection (4A) of section 101 of the Road Traffic Regulation Act 1984 (ultimate disposal of vehicles abandoned and removable under that Act);
receives any sum in respect of the vehicle under subsection (5A) of that section;
is informed that the proceeds of sale of the vehicle did not exceed the aggregate amount mentioned in subsection (5A) of that section; or
secures its release from an immobilisation device in accordance with section 69(4) of this Act,
The relevant authority shall give that information, or shall cause it to be given, in writing.
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.
The grounds are—
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;
that the place in which the vehicle was at rest was not a designated parking place;
that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.
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.
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—
to consider them and any supporting evidence which the person making them provides; and
to serve on that person notice of their decision as to whether they accept that the ground in question has been established.
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—except to the extent (if any) to which those sums were properly paid or deducted.
paid under subsection (4A) of section 101 of the Act of 1984 when the vehicle was removed from the custody of the authority;
deducted from the proceeds of sale of the vehicle under subsection (5A) of that section; or
paid under section 69(4) of this Act when the vehicle was released,
Where an authority serve notice under subsection (6)(b) above that they do not accept that a ground has been established, that notice shall—
inform the person on whom it is served of his right to appeal to a parking adjudicator under section 72 of this Act;
indicate the nature of a parking adjudicator’s power to award costs against any person appealing to him under that section; and
describe in general terms the form and manner in which such an appeal is required to be made.
Where an authority fail to comply with subsection (6) above before the end of the period of 56 days mentioned there—
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
subsection (7) above shall have effect as if it required any refund to be made immediately after the end of that period.
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.
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.
Any notice required to be served under this section may be served by post.
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.
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—appeal to a parking adjudicator against the authority’s decision.
the end of the period of 28 days beginning with the date of service of that notice; or
such longer period as a parking adjudicator may allow,
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—he shall direct that authority to make the necessary refund.
that any of the representations are justified; and
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,
It shall be the duty of any authority to whom such a direction is given to comply with it forthwith.
The London local authorities and Transport for London (in this section referred to as “the appointing authorities”) shall establish a single joint committee under section 101(5) of the Local Government Act 1972 (“the Joint Committee”) before 4th September 2000 or such later date as the Secretary of State may by order specify.
For the purposes of subsection (1) above, sections 101(5) and 102 of the Local Government Act 1972 shall have effect as if Transport for London were a local authority.
The functions conferred on the appointing authorities by this section. . . shall be discharged by the Joint Committee.
The appointing authorities shall—
with the consent of the Lord Chancellor, appoint persons to act as parking adjudicators for the purposes of this Part of this Act;
provide accommodation and administrative staff for the parking adjudicators; and
determine the places at which parking adjudicators are to sit.
To be qualified for appointment as a parking adjudicator, a person must satisfy the judicial-appointment eligibility condition on a 5-year basis.
Each parking adjudicator shall be appointed for such term, not exceeding five years, as the appointing authorities may specify in relation to his appointment.
On the expiry of his term of appointment, a parking adjudicator shall be eligible for re-appointment.
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.
The expenses of the Joint Committee incurred in the discharge of functions conferred on the appointing authorities by this Act shall be defrayed by the appointing 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.
The costs of any reference to arbitration under subsection (8) above shall be borne by the appointing authorities in equal shares.
Where the Secretary of State is satisfied that there has been, or is likely to be, a failure on the part of the appointing 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.
The Secretary of State shall by regulations make provision as to the procedure to be followed in relation to proceedings before parking adjudicators.
The regulations may, in particular, include provision—
as to the manner in which appeals to parking adjudicators are to be made or withdrawn;
authorising an appeal to a parking adjudicator to be disposed of on the basis of written representations unless the appellant requests an oral hearing;
prescribing the procedure to be followed before the hearing of an appeal by a parking adjudicator;
requiring any such hearing to be held in public except in prescribed circumstances;
as to the persons entitled to appear and be heard on behalf of the parties;
requiring persons to attend to give evidence and to produce documents;
as to evidence at the hearing;
as to the adjournment of hearings;
for the award of costs in prescribed circumstances;
for the settlement of costs, by taxation (and in particular by taxation in a county court) or by some other prescribed method;
authorising decisions of parking adjudicators to be reserved;
authorising or requiring parking adjudicators—
to revise or set aside decisions;
to revoke or vary orders made by them;
requiring decisions of, and orders made by, parking adjudicators, to be recorded;
as to the proof of decisions of, and orders made by, parking adjudicators;
authorising the correction of clerical errors in records kept in accordance with the requirements of the regulations;
requiring service of—
notice of decisions of parking adjudicators;
copies of any orders made by such adjudicators; or
notice of any corrections made by parking adjudicators in their decisions or orders.
Subject to any provision made by the regulations, a parking adjudicator may regulate his own procedure.
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.
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.
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.
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.
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.
It shall be the duty—to set the levels of additional parking charges to apply in London.
of Transport for London, so far as relating to trunk roads or GLA roads, and
of the London local authorities, so far as relating to other roads,
Before setting the level of any charges under subsection (1) above, Transport for London must consult the London local authorities.
Different levels may be set for different areas in London and for different cases or classes of case.
Transport for London and the London local authorities shall submit to the Mayor of London, for his approval, the levels of additional parking charges which they propose to set under subsection (1) above.
If—the levels of additional parking charges for the roads referred to in paragraph (a) or (as the case may be) paragraph (b) of subsection (1) above shall be set by order made by the Mayor of London.
Transport for London or, as the case may be, the London local authorities fail to discharge their duty under subsection (1) above; or
the Mayor of London does not approve the levels of additional parking charges proposed by the London local authorities,
Levels of additional parking charges set in accordance with this section may only come into force in accordance with section 74A below.
It shall be the duty of Transport for London and the London local authorities to impose additional parking charges at the levels set in accordance with the provisions of this section.
Transport for London and the London local authorities shall publish, in such manner as the Mayor of London may determine, the levels of additional parking charges which have been set in accordance with the provisions of this section.
The functions conferred on London local authorities by this section or section 74A below shall be discharged by the Joint Committee.
No person who represents Transport for London on the Joint Committee shall take any part in any proceedings of the Joint Committee so far as relating to the discharge by the Joint Committee of any functions under this section or section 74A below.
Section 122 of the Road Traffic Regulation Act 1984 (exercise of functions by local authorities) shall apply in relation to—and functions conferred on them by or under this section as it applies to local authorities and functions conferred on them by or under that Act.
Transport for London,
the London local authorities, and
the Mayor of London,
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 above.
Where the Mayor of London—he shall notify the Secretary of State of the levels of charges so approved or set.
on a submission under subsection (4) of section 74 above, approves any levels of additional parking charges, or
sets any such levels under subsection (5) of that section,
Where notification of any levels of charges is required to be given under subsection (1) above, the levels of charges shall not come into force until after the expiration of—
the period of one month beginning with the day on which the notification is given, or
such shorter period as the Secretary of State may allow.
If, before the expiration of that period, the Secretary of State gives notice to the Mayor of London that he objects to the levels of charges on the grounds that some or all of them are or may be excessive, those levels of charges shall not come into force unless and until the objection has been withdrawn.
If, at any time before the levels of charges required to be notified under subsection (1) above to the Secretary of State have come into force, the Secretary of State considers that some or all of them are excessive, he may make regulations setting the levels of charges.
Levels of charges set under subsection (4) above must be no higher than those notified under subsection (1) above.
Subsections (7) and (8) of section 74 above shall apply in relation to levels of charges set under subsection (4) above as if those levels of charges had been set in accordance with the provisions of that section—
by Transport for London, so far as relating to GLA roads or trunk roads, or
by the London local authorities, so far as relating to other roads.
Regulations under subsection (4) above are without prejudice to the duties imposed on Transport for London and the London local authorities by section 74(1) above; but where the Secretary of State makes any such regulations—must not make any further submission to the Mayor of London under section 74(4) above until after the expiration of the period of twelve months beginning with the day on which the regulations are made.
Transport for London, if the regulations relate to GLA roads or trunk roads, or
the London local authorities, if the regulations relate to other roads,
In the Road Traffic Regulation Act 1984, the following section shall be inserted after section 106—
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.
An application for an order under subsection (1) above may only be made—
by Transport for London, to the extent that the special parking area is to consist of GLA roads or trunk roads; or
by a London local authority, to the extent that the special parking area is to consist of roads other than GLA roads and trunk roads.
Before making an order under this section, the Secretary of State shall consult the relevant Commissioner or, if appropriate, both Commissioners.
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—
section 8 of the 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—
prohibiting or restricting the waiting of vehicles on any road; or
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);
prohibiting or restricting the waiting of vehicles on any road; or
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);
prohibiting or restricting the waiting of vehicles on any road; or
relating to any of the matters mentioned in paragraph 7 or 8 of Schedule 1 to that Act;
section 35A(1) (contravention of parking place orders) of the Act of 1984 so far as it applies in relation to stationary vehicles;
section 61(5) (prohibition of vehicles in loading areas) of the Act of 1984 so far as it applies in relation to stationary vehicles;.
section 15 of the Greater London Council (General Powers) Act 1974 (parking of vehicles on verges, central reservations and footpaths etc. to be an offence);
section 19 of the Road Traffic Act 1988 (parking of heavy vehicles on verges, central reservations and footpaths etc. to be an offence);
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;
section 36(1) of the Act of 1988 (failure to comply with traffic signs), so far as it makes it an offence to fail to comply with an indication given by a traffic sign of a prohibition on causing a vehicle to stop on part of a road in London demarcated by that sign as a stopping area for a bus.
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).
Before making an order under subsection (4) above, the Secretary of State shall consult—
the two Commissioners; and
such associations of London authorities (if any) as he thinks appropriate.
At any time when an order under section 76 above designating the whole or any part of a London authority’s area as a special parking area is in force, the Mayor of London may by order under this subsection amend the order so as to vary the area which for the time being constitutes the special parking area.
No order may be made under subsection (1) above without the consent of every London local authority which is the traffic authority for a road which the order has the effect of bringing within, or removing from, the special parking area concerned.
An order under subsection (1) above must not be such as to bring within a special parking area—
any area specified in an order under this paragraph made by the Secretary of State; or
the whole or any part of a Royal Park, except with the consent of the Secretary of State.
No area may be specified in an order under subsection (3)(a) above unless the Secretary of State is satisfied that it is expedient, on grounds of national security, that no part of that area should be included in a special parking area.
In this section “Royal Park” means any park to which the Parks Regulation Act 1872 applies (see sections 1 and 3 of the Parks Regulation (Amendment) Act 1926).
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.
A penalty charge shall be payable with respect to the vehicle by the owner of the vehicle.
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.
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.
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
“certificated bailiff”, means any person authorised to act as such under subsection (6) below; and“a Part II debt” means any sum which is—payable under, or by virtue of, any provision of this Part of this Act; and recoverable as if it were payable under a county court order.
In this section—
The Lord Chancellor may by order make provision—
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;
as to the requirements which must be satisfied before any person takes, with a view to enforcing the payment of—any other step of a kind specified by the order.
a Part II debt; or
such class or classes of Part II debts as may be so specified,
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.
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.
The regulations may, in particular, make provision—
as to the security (if any) to be required from certificated bailiffs;
as to the fees and expenses payable with respect to executions by certificated bailiffs; and
for the suspension or cancellation of certificates issued under this section and with respect to the effect of any such suspension or cancellation.
For the purposes of this section, a person is a certificated bailiff if he is authorised to act as such by a certificate signed—
by a judge assigned to a county court district; or
in such circumstances as may be specified in regulations made by the Lord Chancellor, by a district judge.
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.
Nothing in Part II of this Act applies in relation to any vehicle which—
at the relevant time is used or appropriated for use for naval, military or airforce purposes;
belongs to any visiting forces (within the meaning of the Visiting Forces Act 1952); or
at the relevant time is used or appropriated for use, by any such forces.
vehicles in the public service of the Crown which are required to be registered under the Vehicles Excise and Registration Act 1994(other than those which are exempted by subsection (1)(a) above); and
persons in the public service of the Crown.
The minor and consequential amendments set out in Schedule 7 to this Act shall have effect.
“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 Road Traffic Regulation Act 1984;“the Director” means the Traffic Director for London appointed under section 52 of this Act;“GLA road” (subject to subsection (1C) below) has the same meaning as in the Highways Act 1980 (see sections 329(1) and 14D(1) of that Act);“GLA side road” has the same meaning as in the Road Traffic Regulation Act 1984 (see sections 124A(9) and section 142(1) of that 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—as respects parking, or any matter connected with or relating to parking, on a GLA road (except in a designated parking place for which a London borough council or the Common Council of the City of London is the local authority by virtue of section 45(7) of the Road Traffic Regulation Act 1984), Transport for London; as respects parking, or any matter connected with or relating to parking, in a parking place such as is referred to in paragraph (a) above; on any road other than a GLA road or a trunk road, any council of a London borough or the Common Council of the City of London;“London local authority” means any council of a London borough or the Common Council of the City of London;“the Mayor’s transport strategy” means the transport strategy prepared and published by the Mayor of London under section 142 of the Greater London Authority Act 1999;“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;“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 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 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 Road Traffic Offenders Act 1988 (hired vehicles).
In this Part of this Act—
Any functions conferred or imposed on the Greater London Authority by or under this Part of this Act shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
Subsection (1A) above does not apply in relation to any function expressly conferred or imposed on, or made exercisable by, the London Assembly.
In this Part of this Act, any reference to a GLA road includes a reference to a GLA side road.
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.
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 Vehicles Excise and Registration Act 1994.
Section 28 of the 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.
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.
Any power to make an order or regulations conferred by this Part on a Minister of the Crown shall be exercisable by statutory instrument.
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.
Supplementary
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.
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.
An order under subsection (1) above may make such transitional provision as appears to the Secretary of State to be necessary or expedient.
Any expenditure incurred by the Secretary of State under or by virtue of this Act shall be payable out of money provided by Parliament.
Except in so far as it amends any enactment extending there, this Act does not extend to Northern Ireland.
This Act may be cited as the Road Traffic Act 1991.
Amendment of Schedule 1 to the Road Traffic Offenders Act 1988
Schedule 1 to the Road Traffic Offenders Act 1988 (procedural requirements applicable in relation to certain offences) shall be amended as follows.
After paragraph 1 there shall be inserted—
In paragraph 2, at the beginning of sub-paragraph (c) there shall be inserted the word “ to ”.
The Table in that Schedule shall be amended as follows.
In the entries relating to sections 1 and 2 of the Road Traffic Act 1988 (reckless driving offences) in column 2, for the word “reckless” there shall be substituted the word “ dangerous ”.
After the entry relating to section 3 of that Act there shall be inserted—
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 ”.
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 ”.
After the entry relating to section 36 of that Act there shall be inserted—
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 ”.
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.
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 ”.
After the entry relating to section 87(2) of that Act there shall be inserted—
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) ”.
After that entry there shall be inserted—
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 ”.
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) ”.
Amendment of Schedule 2 to the Road Traffic Offenders Act 1988
Part I of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences) shall be amended as follows.
In the entry relating to section 16(1) of the Road Traffic Regulation Act 1984 (contravention of temporary prohibition or restriction) in columns 5 to 7 there shall be inserted—
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. ”
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) ”.
In the entry relating to section 1 of the Road Traffic Act 1988 (causing death by reckless driving)—
in column 2 for the word “reckless” there shall be substituted the word “ dangerous ”, and
in column 7 for “4” there shall be substituted “ 3-11 ”.
In the entry relating to section 2 of that Act (reckless driving)—
in column 2, for the word “Reckless” there shall be substituted the word “ Dangerous ”;
for the words in column 5 there shall be substituted the word “ Obligatory ”; and
for the words in column 7 there shall be substituted “ 3-11 ”.
After the entry relating to section 3 of that Act there shall be inserted—.
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 ”.
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 ”.
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 ”.
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 ”.
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 ”.
After the entry relating to section 22 of that Act there shall be inserted—
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 ”.
In the entry relating to section 28 of that Act (dangerous cycling)—
in column 2 for the word “reckless” there shall be substituted the word “ dangerous ”; and
in column 4, for the words “Level 3” there shall be substituted the words “ Level 4 ”.
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 ”.
For the entry relating to section 42 of that Act (contravention of construction and use regulations) there shall be substituted—
For the entry relating to section 87(1) of that Act (driving without a licence) there shall be substituted—
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 ”.
After the entry relating to section 92(7C) of that Act there shall be inserted—
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) ”.
After that entry there shall be inserted—
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 ”.
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 ”.
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 ”.
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 ”.
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.
In the entry relating to section 170(4) of that Act (failing to stop after accident or give particulars or report accident)—
for the words in column 4 there shall be substituted “ Six months or level 5 on the standard scale or both ”; and
in column 7 for “8-10” there shall be substituted “ 5-10 ”.
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—
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.
Part II of Schedule 2 to the Road Traffic Offenders Act 1988 (disqualification and endorsement in relation to manslaughter, certain offences of theft etc) shall be amended as follows.
In the entry relating to manslaughter or culpable homicide, in column 4 for “4” there shall be substituted “ 3-11 ”.
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 shall be omitted.
Permitted and special parking areas outside London
Permitted parking areas
Where an application for an order under this sub-paragraph is made to the Secretary of State—he may make an order designating the whole, or any part, of the area to which the application relates as a permitted parking area.
with respect to the whole, or any part, of their area, by a county council in England. . .;
with respect to the whole, or any part, of their area, by a county council or county borough council in Wales;
with respect to the whole of their area, by a metropolitan district council;
with respect to the whole of their areas, by two or more metropolitan district councils acting jointly;
with respect to the whole, or any part, of their area, by a council constituted under section 2 of the Local Government etc.(Scotland) Act 1994 in Scotland;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or
with respect to the whole, or any part, of the Isles of Scilly, by the Council of the Isles of Scilly,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Before making an order under sub-paragraph (1) above, the Secretary of State shall consult the appropriate chief officer of police.
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—; and
section 35A(1) of the 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);. . .
section 35A(1) of the Act of 1984 (offences), so far as it relates to the contravention of, or non-compliance with any other provision of any order made under section 35 of that Act (use of parking places) applying in relation to a stationary vehicle.
section 47(1) of the Act of 1984 (offences) in so far as it applies in relation to any designated parking place.
subsections (5) and (6) of section 53 of the Act of 1984 so far as those subsections apply in relation to stationary vehicles.
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).
Before making an order under sub-paragraph (5) above, the Secretary of State shall consult—as he considers appropriate.
the chief constable of the Police Service of Scotland; and
such associations of local authorities (if any),
Special parking areas
Where an application for an order under this sub-paragraph is made to the Secretary of State—he may make an order designating the whole, or any part, of the area to which the application relates as a special parking area.
with respect to the whole, or any part, of their area, by a county council in England. . .;
with respect to the whole, or any part, of their area, by a county council or county borough council in Wales;
with respect to the whole, or any part, of their area, by a metropolitan district council;
with respect to the whole, or any part, of their area, by a council constituted under section 2 of th Local Government etc.(Scotland) Act 1994 in Scotland; or
with respect to the whole, or any part, of the Isles of Scilly, by the Council of the Isles of Scilly,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Before making an order under sub-paragraph (1) above, the Secretary of State shall consult the appropriate chief officer of police.
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—
section 5 of the 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;
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;
section 16C of the Road Traffic Regulation Act 1984 (contravention of order under section 16A of that Act to be an offence) so far as it applies in relation to stationary vehicles;
section 16(1) of the Act of 1984(contravention of temporary orders 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 prohibiting or restricting the waiting, or the loading and unloading, of vehicles;
section 61(5) of the Act of 1984 (prohibition of vehicles in loading areas) so far as it applies in relation to stationary vehicles;.
section 62(5) of the Roads (Scotland) Act 1984 (contravention of order under subsection (1) of that section to be an offence) so far as it applies in relation to stationary vehicles;
section 129(6) of the Roads (Scotland) Act 1984 (parking of a motor vehicle wholly or partly on a cycle track to be an offence);
section 19 of the Road Traffic Act 1988 (parking of heavy vehicles on verges, central reservations and footpaths etc. to be an offence);
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;
section 36(1) of the Act of 1988 (failure to comply with traffic signs), so far as it makes it an offence to fail to comply with an indication given by a traffic sign of a prohibition on causing a vehicle to stop on part of a road in England (but not in London) demarcated by that sign as a stopping area for a bus.
section 36(1) of the Act of 1988 (drivers to comply with traffic signs), so far as it makes it an offence to fail to comply with an indication given by a traffic sign of a prohibition on causing a vehicle to stop on part of a road demarcated by that sign as a stopping area for a bus.
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).
Before making an order under sub-paragraph (5) above, the Secretary of State shall consult—as he considers appropriate.
the chief constable of the Police Service of Scotland; and
such associations of local authorities (if any);
Control of parking in permitted and special parking areas
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.
A penalty charge shall be payable with respect to the vehicle, by the owner of the vehicle.
An order under paragraph 1 or 2 above designating a permitted parking area, or special parking area, may—
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
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.
Orders under this Schedule
Any power to make an order conferred by this Schedule shall be exercisable by statutory instrument.
Any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Minor and consequential amendments
The Transport Act 1968 (c.73)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 99(8) of that Act (inspection of records), for the words from “a certifying” to “1988” there shall be substituted the words “ an examiner appointed under section 66A of the Road Traffic Act 1988 ”.
The Chronically Sick and Disabled Persons Act 1970 (c.44)
In section 20(1) of the Chronically Sick and Disabled Persons Act 1970, in paragraph (b) (certain invalid carriages to be treated as not being motor vehicles for the purposes of the Road Traffic Act 1988 etc)—
after the words “Road Traffic Act 1988” there shall be inserted the words “ , except section 22A of that Act (causing danger to road users by interfering with motor vehicles etc), ”, and
at the end of the paragraph there shall be added the words “ and sections 1 to 4, 163, 170 and 181 of the Road Traffic Act 1988 shall not apply to it ”.
The Vehicles (Excise) Act 1971 (c.10)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Road Traffic (Foreign Vehicles) Act 1972 (c.27)
In section 1 of the Road Traffic (Foreign Vehicles) Act 1972 (power to prohibit driving of foreign goods vehicle) in subsection (6)(a) for sub-paragraphs (i) to (iii) there shall be substituted the words “ section 40A of the Road Traffic Act 1988 (using vehicle in dangerous condition etc) or regulations under section 41 of that Act (construction, weight, equipment etc of motor vehicles and trailers), ”.
In section 2(3B) of that Act (provisions supplementary to section 1) for “72(9)” there shall be substituted “ 72A ”.
In section 7(1) of that Act (interpretation)—
in the definition of “examiner”, for the words following “means” there shall be substituted the words “ an examiner appointed under section 66A of the Road Traffic Act 1988, or a constable authorised to act for the purposes of this Act by or on behalf of a chief officer of police ”, and
in the definition of “official testing station” for “72(8)” there shall be substituted “ 72A ”.
In Schedule 2 to that Act (provisions relating to vehicles and their drivers) after the entry relating to section 100 of the Transport Act 1968 there shall be inserted the following entry—
The International Road Haulage Permits Act 1975 (c.46)
In section 1(9) of the International Road Haulage Permits Act 1975 in the definition of “examiner” for the words “section 68(1)” there shall be substituted the words “ section 66A ”.
The Highways Act 1980 (c. 66)
In section 42 of the Highways Act 1980 (power of district councils to maintain certain highways) in subsection (2)(c)(ii) for the words “under section 84 of that Act imposing a special limit” there shall be substituted the words “ made by virtue of section 84(1)(a) of that Act imposing a speed limit ”.
In each of sections 90A(1) and 90B(1) of that Act (construction of road humps) at the beginning of paragraph (b) there shall be inserted the words “ (whether or not the highway is subject to such a limit) ”.
In section 90F(2) of that Act (interpretation) for the definition of “statutory” there shall be substituted—
The Public Passenger Vehicles Act 1981 (c.14)
In section 6(1)(a) of the Public Passenger Vehicles Act 1981 (certificates of fitness etc), for the words “a certifying officer” there shall be substituted the words “ an examiner appointed under section 66A of the Road Traffic Act 1988 ”.
In section 10(2) of that Act (approval of type vehicle), for the words “the certifying officer” there shall be substituted the words “ an examiner appointed under section 66A of the Road Traffic Act 1988 ”.
Section 51 of that Act (appeals to Secretary of State) shall be amended as follows.
In subsection (1) for the words “a certifying officer” there shall be substituted the words “ an examiner ”.
In subsection (4) for the words “the certifying officer” in each place where they occur there shall be substituted the words “ the examiner ”.
The Criminal Justice Act 1982 (c.48)
In Part II of Schedule 1 to the Criminal Justice Act 1982 (offences excluded from Secretary of State’s power to make orders concerning the early release of prisoners)—
in the entry relating to section 1 of the Road Traffic Act 1988, for the word “reckless” there shall be substituted the word “ dangerous ”, and
after that entry there shall be inserted— “ Section 3A (causing death by careless driving when under the influence of drink or drugs). ”
The Transport Act 1982 (c.49)
Section 9 of the Transport Act 1982 (private sector vehicle testing: the testing and surveillance functions) shall be amended as follows.
Under the cross-heading “Functions under the 1988 Act”—
for the paragraph beginning “The power of entry”, there shall be substituted— “ The power of entry, inspection and detention of vehicles under section 68, but only in relation to vehicles brought to the place of inspection in pursuance of a direction given by a vehicle examiner or a constable under subsection (3) of that section. ”,
in the following paragraph, after “69” there shall be inserted “ 69A, ”, and for the word “goods vehicles” there shall be substituted the word “ vehicles ”.
Under the cross-heading “Functions under the 1981 Act”, the paragraph beginning “Any functions under section 9” shall be omitted.
Section 10 of that Act (private sector vehicle testing: supplementary) shall be amended as follows.
For subsection (3) there shall be substituted—
In subsection (6) for “68(3)” there shall be substituted “ 68(1) ”, and for “(4)” there shall be substituted “ (3) ”.
In subsection (9), in subsection (2A) to be inserted in section 20 of the Public Passenger Vehicles Act 1981, for the words “public service vehicle examiner” there shall be substituted the words “ an examiner appointed under section 66A of the Road Traffic Act 1988 ”.
In subsection (10) for the words from “certifying officer” to “goods vehicle examiner” there shall be substituted the words “ vehicle examiner ”.
For section 21(4) of that Act (amendments with respect to appeals) there shall be substituted—
Section 24 of that Act (falsification of documents) shall be amended as follows.
In subsection (2) for paragraph (a) there shall be substituted—
in subsection (4) after the words “of this Act” there shall be inserted the words “ or an authorised inspector appointed under section 8 of the Transport Act 1982 ”;
In subsection (4), in section 66A(2) to be inserted in the Public Passenger Vehicles Act 1981, for the words “a certifying officer, a public service vehicle examiner” there shall be substituted the words “ an examiner appointed under section 66A of the Road Traffic Act 1988 ”.
In section 26 of that Act (interpretation) for the definition of “goods vehicle examiner” there shall be substituted— “ “vehicle examiner” means an examiner appointed under section 66A of the 1988 Act. ”
The Road Traffic Regulation Act 1984 (c.27)
In section 9 of the Road Traffic Regulation Act 1984 (experimental traffic orders) in subsection (1)(b), as substituted by the New Roads and Street Works Act 1991, for the words “83(2) or 84” there shall be substituted the words “ or 83(2) or by virtue of section 84(1)(a) ”.
In section 17(2) of that Act (traffic regulation on special roads) at the end there shall be added—
In section 49 of that Act (supplementary provisions as to designation orders and designated parking places), after subsection (4) there shall be inserted the following subsection—
In section 51 of that Act (parking devices), in subsection (5) the words “being not less than 2 years” shall be omitted.
In section 65 of that Act (powers and duties of highway authorities as to placing of traffic signs) after subsection (1) there shall be inserted—
In section 85 of that Act (traffic signs for indicating speed restrictions) in subsections (1) and (2)(a) the words “the prescribed” shall be omitted.
Section 96 of that Act (additional powers of traffic wardens) shall be amended as follows.
In subsection (2) at the end of paragraph (b) there shall be inserted—.
At the end of that section there shall be added—
At the end of section 99 of that Act (removal of vehicles illegally parked) there shall be inserted—
In section 103 of that Act (supplementary provision as to removal of vehicles), for subsection (3) there shall be substituted—
Section 104 of that Act (immobilisation of vehicles illegally parked) shall be amended as follows.
In subsection (3) for the word “constable” there shall be substituted the words “ person authorised to give such a direction by the chief officer of police within whose area the vehicle in question was found ”.
In subsection (12) there shall be added at the end “ or classes of case or in respect of different areas ”.
At the end of section 104 of that Act (immobilisation of vehicles illegally parked) there shall be inserted—
Section 105 of that Act (exemptions from section 104) shall be amended as follows.
In subsection (6)(a), for the words from “either” to “use) of” there shall be substituted the words “ in accordance with regulations under ”.
In subsection (6)(b), for “117(2)(b)” there shall be substituted “ 117(1)(b) ”.
In paragraph 13 of Schedule 9 to that Act (consent of Secretary of State before local authority make certain orders), after sub-paragraph (1)(d)(ii) there shall be inserted—.
The Roads (Scotland) Act 1984 (c. 54)
In section 36 of the Roads (Scotland) Act 1984 (construction of road humps by roads authority) at the beginning of paragraph (b) there shall be inserted the words “ (whether or not the road is subject to such a limit) ”.
The Police and Criminal Evidence Act 1984 (c.60)
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The Coroners Act 1988 (c.13)
In section 16 of the Coroners Act 1988 (adjournment of inquest in certain cases) in subsection (1)(a)(ii) for the words from “section” to “driving)” there shall be substituted the words “ section 1 or 3A of the Road Traffic Act 1988 (dangerous driving or careless driving when under the influence of drink or drugs) ”.
In section 17 of that Act (supplementary provisions) in subsections (1)(b) and (2)(b) for the words from “section” to “driving)” there shall be substituted the words “ section 1 or 3A of the Road Traffic Act 1988 (dangerous driving or careless driving when under the influence of drink or drugs) ”.
The Road Traffic Act 1988 (c.52)
In section 7 of the Road Traffic Act 1988 (provision of specimens for analysis)—
in subsection (1) for the words “section 4” there shall be substituted the words “ section 3A, 4 ”, and
in subsection (3)(c) for the words “section 4” there shall be substituted the words “ section 3A or 4 ”.
In section 10 of that Act (detention of persons affected by alcohol or a drug) in subsections (1) and (2) for the words “motor vehicle” in each place where they occur there shall be substituted the words “ mechanically propelled vehicle ”.
In section 11(1) of that Act (interpretation), for “4” there shall be substituted “ 3A ”.
In section 12 of that Act (motor racing on public ways), in subsection (2) for the words “public highway” there shall be substituted the word “ highway ”.
In section 13 of that Act (regulation of motoring events on public ways), in subsection (4) for the words “public highway” there shall be substituted the word “ highway ”.
In section 14 of that Act (seat belts: adults) in subsection (2)(b)(i) for the word “addresses” there shall be substituted the word “ addressees ”.
In section 22 of that Act (leaving vehicles in dangerous positions) for the words “be likely to cause danger” there shall be substituted the words “ involve a danger of injury ”.
In section 31 of that Act (regulation of cycle racing on public ways) for subsection (6) there shall be substituted—
Section 41 of that Act (regulation of construction, weight, equipment and use of vehicles) shall be amended as follows.
In subsection (2) at the end of paragraph (e) there shall be added the words “ (by means of the fixing of plates or otherwise) and the circumstances in which they are to be marked, ”.
In subsection (2) after paragraph (j) there shall be inserted—.
After subsection (4) there shall be inserted—
Section 45 of that Act (tests of satisfactory condition of vehicles) shall be amended as follows.
In subsection (1), for the words “prescribed statutory requirements” onwards there shall be substituted the words
In subsection (3), for paragraph (b) there shall be substituted—.
In section 46(a) of that Act (regulations as to authorisation of examiners), after the words “of examiners” there shall be inserted the words “ in accordance with subsection (3)(a) of that section ”.
Section 49 of that Act (tests of satisfactory condition of goods vehicles and determination of plated weights etc) shall be amended as follows.
In subsection (1), for the words following paragraph (b) there shall be substituted the words
In subsection (2)(b), after the word “requirements” there shall be inserted the words “ and the requirement that the condition of the vehicle is not such that its use on a road would involve a danger of injury to any person ”.
In subsection (4), in the definition of “goods vehicle test”, after the word “requirements” there shall be inserted the words “ , or the requirement that the condition of the vehicle is not such that its use on a road would involve a danger of injury to any person, ”.
Section 50 of that Act (appeals against determinations) shall be amended as follows.
In subsection (1) for the words “an area” onwards there shall be substituted the words “ the Secretary of State ”.
Subsections (2) and (3) shall be omitted.
For subsection (1) there shall be substituted—
Subsection (2) shall be omitted.
In subsection (4) at the end there shall be added the words “ ; and “PSV operator’s licence” has the same meaning as in the Public Passenger Vehicles Act 1981 ”.
In subsection (1)(a) of section 74 of that Act (operator’s duty to inspect goods vehicles) after the word “whether” there shall be inserted the words and for the words “are complied with” there shall be substituted the words.
Section 76 of that Act (fitting and supply of defective or unsuitable vehicle parts) shall be amended as follows.
In subsection (1), after the words “to the vehicle” there shall be inserted the words “ involve a danger of injury to any person or ”.
In subsection (2)(b)(ii), after the words “its use” there shall be inserted the words “ on a road ”, and at the end there shall be added the words “ and would not involve a danger of injury to any person. ”
At the end of each of subsection (3), (5)(b)(ii) and (6)(a) there shall be added the words “ or involve a danger of injury to any person ”.
Section 79 of that Act (provisions relating to weighing of motor vehicles) shall be amended as follows.
In subsection (2)—
for “68(1)” there shall be substituted “ 66A ”;
for the words from “vehicles of” to “vehicles generally” there shall be substituted the words “ goods vehicles, public service vehicles, and vehicles which are not public service vehicles but are adapted to carry more than eight passengers, ”.
In subsection (3)—
for the words from “vehicles of” to “vehicles generally” there shall be substituted the words “ such vehicles ”, and
for the words “a certifying officer,” there shall be substituted the word “ an ”.
In section 84(2) of that Act (remuneration of examiners), for the words from “goods” to “73” there shall be substituted the words “ examiners appointed under section 66A ”.
In section 85 of that Act (interpretation of Part II)—
in the definition of “official testing station” for “72(8)” there shall be substituted “ 72A ”, and
after the definition of “prescribed” there shall be inserted—.
In section 86 of that Act (index to Part II), in the table, after the entry for “Prescribed” there shall be inserted—and after the entry for “Type approval requirements” there shall be inserted—.
In section 89 of that Act (tests of competence to drive) at the end of subsection (3)(a) there shall be inserted the words “ and section 36 of the Road Traffic Offenders Act 1988 (disqualification), ”.
In section 115(3) of that Act (revocation or suspension of large goods vehicle or passenger-carrying vehicle driver’s licences) for the words “subsection (1)(a) above” there shall be substituted the words “ this section or section 117 of this Act ”.
Section 117 of that Act (disqualification on revocation of large goods vehicle or passenger-carrying vehicle driver’s licences) shall be amended as follows.
In subsection (1), for the words “for the purposes of that paragraph” there shall be substituted the words “ in pursuance of section 115(3) ”.
After subsection (2) there shall be inserted—
In section 152 of that Act (duties of insurers etc: exceptions) at the end of subsection (2) there shall be added the words “ and, for the purposes of this section, “material” means of such a nature as to influence the judgment of a prudent insurer in determining whether he will take the risk and, if so, at what premium and on what conditions. ”
In section 163(1) of that Act (power of police to stop vehicles) for the words “motor vehicle” there shall be substituted the words “ mechanically propelled vehicle ”.
Section 164 of that Act (power of constable to require production of driving licence etc) shall be amended as follows.
In subsection (1), after the word “constable” wherever it occurs there shall be inserted the words “ or vehicle examiner ”.
In subsection (2), for the words “Such a person” there shall be substituted the words “ A person required by a constable under subsection (1) above to produce his licence ”.
In subsection (3), after the word “constable” there shall be inserted the words “ or vehicle examiner ”.
In subsection (5) for the words “section 27 of the Road Traffic Offenders Act 1988” there shall be substituted the words “ section 26 or 27 of the Road Traffic Offenders Act 1988 or section 44 of the Powers of Criminal Courts Act 1973 or section 223A or 436A of the Criminal Procedure (Scotland) Act 1975. ”
In subsection (6) for the words “and (8)” there shall be substituted the words “ to (8A) ”.
After subsection (8) there shall be inserted—
At the end of subsection (11) there shall be added the words “ and “vehicle examiner” means an examiner appointed under section 66A of this Act. ”
Section 165 of that Act (powers of constables to obtain names and addresses of drivers etc) shall be amended as follows.
In subsection (1), after the word “constable” wherever it occurs there shall be inserted the words “ or vehicle examiner ”.
In subsection (5), after the word “constable” wherever it occurs there shall be inserted the words “ or vehicle examiner ”.
At the end of subsection (7) there shall be added the words “ and “vehicle examiner” means an examiner appointed under section 66A of this Act. ”
In section 166 of that Act (powers of certain officers as respects goods vehicles etc) for the words from the beginning to the end of paragraph (d) there shall be substituted the words “ A person authorised for the purpose by a traffic commissioner appointed under the Public Passenger Vehicles Act 1981, ”.
In section 168 of that Act (offence of failing to give name and address in relation to certain offences) in paragraph (a) for the words “motor vehicle” there shall be substituted the words “ mechanically propelled vehicle ”.
Section 170 of that Act (duty of driver to stop, report accident and give information or documents) shall be amended as follows.
In subsections (1) to (3) for the words “motor vehicle” in each place where they occur there shall be substituted the words “ mechanically propelled vehicle ”.
In subsection (5) for the words “the vehicle” there shall be substituted the words “ a motor vehicle ”.
In subsection (7) for the word “five” there shall be substituted the word “ seven ”.
Subsection (2) of section 173 of that Act (offences of forgery etc) shall be amended as follows.
After paragraph (c) there shall be inserted—.
In paragraph (d) for the words from the beginning to “Part II of this Act)” there shall be substituted the words “ any plate containing particulars required to be marked on a vehicle by regulations under section 41 of this Act ”.
After paragraph (d) there shall be inserted—.
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After paragraph (l) there shall be added—
Section 176 of that Act (power to seize documents etc) shall be amended as follows.
In subsection (4), for the words from “a certifying” to “68(1)” there shall be substituted the words “ an examiner appointed under section 66A ”.
In section 177 of that Act (impersonation of, or of person employed by, authorised examiner) after the words “a person authorised” there shall be inserted the words “ in accordance with regulations made under section 41 of this Act with respect to the checking and sealing of speed limiters or a person authorised ”.
In section 181 of that Act (provisions as to accident inquiries) in subsections (1) and (2) for the words “motor vehicle” in each place where they occur there shall be substituted the words “ mechanically propelled vehicle ”.
In section 183(3) of that Act (Crown application), for the words from “68” to “1981” there shall be substituted the words “ 66A of this Act ”.
Section 192 of that Act (interpretation) shall be amended as follows.
In subsection (1), in the definition of “road”—
after the word “road” there shall be inserted “ (a) ”, and
at the end there shall be inserted—.
In subsection (1), in the definition of “trolley vehicle” for the words “and moved by” there shall be substituted the word “ under ”, and at the end there shall be added the words “ (whether or not there is in addition a source of power on board the vehicle) ”.
In subsection (2) the word “road” shall be omitted.
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The Road Traffic Offenders Act 1988 (c.53)
In section 1 of the Road Traffic Offenders Act 1988 (requirement of warning etc of prosecution of certain offences), in subsection (1) for the words “where a person” to “convicted unless” there shall be substituted the words “ a person shall not be convicted of an offence to which this section applies unless ”.
For subsections (4) to (6) of section 2 of that Act (requirement of warning of prosecution: supplementary) there shall be substituted—
In section 7 of that Act (duty of accused to provide licence) for the words “obligatory endorsement” there shall be substituted the words “ obligatory or discretionary disqualification ”.
In section 11(1) of that Act (evidence by certificate as to driver, user or owner) for the words “motor vehicle” in each place where they occur there shall be substituted the words “ mechanically propelled vehicle ”.
In section 12 of that Act (proof of identity of driver) after subsection (3) there shall be added—
In section 14 of that Act (use of records kept by operators of goods vehicles) after the word “proceedings” there shall be inserted the words “ for an offence under section 40A of the Road Traffic Act 1988 or ”.
Section 15 of that Act (use of specimens in proceedings for offences under sections 4 and 5 of the Road Traffic Act 1988) shall be amended as follows.
In subsection (1) for the words “section 4 or 5 of the Road Traffic Act 1988 (motor vehicles: drink and drugs)” there shall be substituted the words “ section 3A, 4 or 5 of the Road Traffic Act 1988 (driving offences connected with drink or drugs) ”, and for the words “sections 4 to 10” there shall be substituted the words “ sections 3A to 10 ”.
In subsection (2) after the word “cases” there shall be inserted the words “ (including cases where the specimen was not provided in connection with the alleged offence) ”.
For subsection (3) there shall be substituted—
Section 17 of that Act (provisions as to proceedings for certain offences in connection with the construction and use of vehicles) shall be amended as follows.
In subsection (1) for the words “section 42(1) of the Road Traffic Act 1988 (contravention” there shall be substituted the words “ section 40A, 41A, 41B or 42 of the Road Traffic Act 1988 (using vehicle in dangerous condition or contravention ”.
In subsection (3) after the word “requirements” there shall be inserted the words “ , or so that it has ceased to be excessive, ”.
In section 21(3) of that Act (evidence of one witness sufficient in Scotland in relation to certain offences) for the words “or 36” there shall be substituted the words “ , 36 or 172. ”
Section 23 of that Act (alternative verdicts in Scotland) shall be amended as follows.
In subsection (1)—
for the words “motor vehicle” there shall be substituted the words “ mechanically propelled vehicle ”; and
for the word “reckless” there shall be substituted the word “ dangerous ”.
Subsection (2) shall be omitted.
Section 27 of that Act (production of licence) shall be amended as follows.
In subsection (1), for the words from “endorsement” to “Act” there shall be substituted the words “ or discretionary disqualification, and a court proposes to make an order disqualifying him or an order under section 44 of this Act, the court must, unless it has already received them, ”.
Subsection (2) shall be omitted.
In subsection (3), after the words “as required” there shall be inserted the words “ under this section or section 44 of the Powers of Criminal Courts Act 1973, or section 223A or 436A of the Criminal Procedure (Scotland) Act 1975 ”.
Section 30 of that Act (modification of penalty points where fixed penalty also in question) shall be amended as follows.
In subsection (1)(a) for the words “obligatory or discretionary disqualification” there shall be substituted the words “ obligatory endorsement ”.
In subsection (2)—
the words “Subject to section 28(2) of this Act” shall be omitted,
in paragraph (a) for “28(1)” there shall be substituted “ 28 ”, and
in paragraph (b) at the end there shall be added the words “ (except so far as they have already been deducted by virtue of this paragraph) ”.
Subsection (3) shall be omitted.
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Section 35 of that Act (disqualification for repeated offences) shall be amended as follows.
In subsection (1)(a) for the words “involving obligatory or discretionary disqualification” there shall be substituted the words “ to which this subsection applies ”.
After subsection (1) there shall be inserted—
In subsection (2) for the words “was imposed” there shall be substituted the words “ was for a fixed period of 56 days or more and was imposed ”.
In subsection (3) for the words “involving obligatory of discretionary disqualification” there shall be substituted the words “ to which subsection (1) above applies ”.
In subsection (5) for the words following “1973” there shall be substituted the words “ or section 223A or 436A of the Criminal Procedure (Scotland) Act 1975 (offences committed by using vehicles) or a disqualification imposed in respect of an offence of stealing a motor vehicle, an offence under section 12 or 25 of the Theft Act 1968, an offence under section 178 of the Road Traffic Act 1988, or an attempt to commit such an offence ”.
After subsection (5) there shall be inserted—
In section 37(3) of that Act (driver disqualified until test is passed entitled to provisional licence) for “36(1)” there shall be substituted “ 36 ”.
After section 41 of that Act there shall be inserted—
In section 42 of that Act (removal of disqualification) after subsection (5) there shall be inserted—
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Section 47 of that Act (supplementary provisions as to disqualifications and endorsements) shall be amended as follows.
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In subsection (3), for the words “any such order” there shall be substituted the words “ an order for the endorsement of a licence or the disqualification of a person ”.
For section 48 of that Act (exemption from disqualification and endorsement for offences against construction and use regulations) there shall be substituted—
For section 53 of that Act there shall be substituted—
In subsection (1), after the word “where”, there shall be inserted the words “ in England and Wales ”.
After subsection (9) there shall be added—
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At the end of section 86(1) of that Act (functions of traffic wardens) there shall be added the words “ unless that offence was committed whilst the vehicle concerned was stationary. ”
Section 89 of that Act (interpretation), shall be amended as follows.
After the definition of “authorised person” there shall be inserted—
In the definition of “chief officer of police” for the words “or notice to owner” there shall be substituted the words “ , notice to owner or conditional offer ”.
In section 90 of that Act (index to Part III)—
in the entry relating to the expression “Conditional offer”, for the words “Section 75(4)” there shall be substituted the words “ Section 75(3) ”; and
at the end of the entry relating to the expression “Fixed penalty clerk” there shall be added the words “ and 75(4) ”.
In section 92 of that Act (persons in public service of Crown) after “16” there shall be inserted “ 20 ”.
In section 93(2) of that Act (persons subject to service discipline) for “4” there shall be substituted “ 3A ”.
In subsection (1) of section 98 of that Act (interpretation), in paragraph (b) of the definition of “road”, for the words “has the same meaning as in the Roads (Scotland) Act 1984” there shall be substituted the words “ means any road within the meaning of the Roads (Scotland) Act 1984 and any other way to which the public has access, and includes bridges over which a road passes, ”.
At the end of subsection (2) of that section there shall be added the word “ Act ”.
Schedule 3 to the Road Traffic Offenders Act 1988 (fixed penalty offences) shall be amended as follows.
After the entry relating to section 36 of the Road Traffic Act 1988 there shall be inserted—
In the entry relating to section 42 of the Road Traffic Act 1988, for the words in column 2 there shall be substituted the words “ Breach of other construction and use requirements ”.
In the entry relating to section 87(1) of the Road Traffic Act 1988, in column 2 for the word “without” there shall be substituted the words “ otherwise than in accordance with ”.
In Schedule 5 to the Road Traffic Offenders Act 1988 (conditional offer of fixed penalty in relation to certain offences in Scotland), in the entry relating to section 87(2) of the Road Traffic Act 1988, in column (2) for the word “without” there shall be substituted the words “ otherwise than in accordance with ”.
The Road Traffic (Consequential Provisions) Act 1988 (c. 54)
In section 8(3) of the Road Traffic (Consequential Provisions) Act 1988 (commencement) for the words from the beginning to the end of paragraph (c) there shall be substituted the words “ Paragraphs 15 to 20 of Schedule 2 to this Act ”.
Status
The Traffic Director for London shall be a corporation sole.
The Director shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Director’s property shall not be regarded as property of, or held on behalf of, the Crown.
Tenure of office
Subject to the following provisions of this paragraph, the Director shall hold and vacate office in accordance with the terms of his appointment.
The Director shall be appointed for a term not exceeding five years.
At the end of a term of appointment the Director shall be eligible for re-appointment.
The Director may at any time resign his office by notice in writing addressed to the Secretary of State.
The Secretary of State may remove the Director from office—
if a bankruptcy order has been made against him, or his estate has been sequestrated or he has made a composition or arrangement with, or granted a trust deed for, his creditors; or
if satisfied that he is otherwise unable or unfit to discharge his functions.
The Director’s terms of appointment may provide for his removal from office (without assigning cause) on notice from the Secretary of State of such length as may be specified in those terms, subject, if those terms so provide, to compensation of such amount as the Secretary of State may, with the approval of the Treasury, determine.
Remuneration etc
There shall be paid to the Director such remuneration and such travelling and other allowances as the Secretary of State may determine.
In the case of any such holder of the office of Director as may be determined by the Secretary of State, there shall be paid such pension, allowances or gratuities to or in respect of him, or such payments towards the provision of a pension, allowances or gratuities to or in respect of him, as may be so determined.
If the Secretary of State determines that there are special circumstances which make it right that a person ceasing to hold office as Director should receive compensation, there may be paid to him a sum by way of compensation of such amount as the Secretary of State may determine.
Sub-paragraph (3) above does not apply in the case of a person who receives compensation by virtue of paragraph 3(6) above.
The approval of the Treasury shall be required for the making of a determination under this paragraph.
Staff
The Director shall act only with the approval of the Secretary of State, given with the approval of the Treasury, in determining—
the number of persons to be employed by him;
the remuneration, allowances and gratuities to be paid to or in respect of such persons; and
any other terms and conditions of their service.
Anything authorised or required by or under any enactment to be done by the Director may be done by any person employed by him who has been authorised by the Director, whether generally or specially, for that purpose.
Employment by the Director shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 may apply; and, accordingly, in Schedule 1 to that Act (in which those kinds of employment are listed) at the end of the list of “Other Bodies” there shall be inserted—
The Director shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase in the sums payable out of money provided by Parliament under that Act attributable to sub-paragraph (3) above.
Where an employee of the Director who is (by reference to that employment) a participant in a scheme under section 1 of that Act, becomes a holder of the office of Director, the Treasury may determine that his term of office shall be treated for the purposes of the scheme as employment by the Director (whether or not any benefits are payable to or in respect of him by virtue of paragraph 4(2) above).
Financial provisions
The remuneration of the Director and any other payments made under paragraphs 3(6) or 4 above to or in respect of him shall be paid out of grants made by the Secretary of State under section 80(2) of this Act.
Accounts
The Director shall keep accounts and shall prepare a statement of accounts in respect of each financial year.
The accounts shall be kept, and the statement shall be prepared, in such form as the Secretary of State may, with the approval of the Treasury, direct.
The accounts shall be audited by persons appointed in respect of each financial year by the Secretary of State.
No person shall be qualified to be appointed as auditor under this paragraph unless he is—but a firm may be appointed as auditor under this paragraph if each of its members is qualified to be so appointed.
a member of a body of accountants established in the United Kingdom and for the time being recognised for the purposes of Part II of the Companies Act 1989; or
a member of the Chartered Institute of Public Finance and Accountancy;
In this paragraph, and in paragraph 8 below, “financial year” means—
the period beginning with the day on which the first person to hold the office of Director takes office and ending with the following 31st March; and
each subsequent period of twelve months ending with 31st March.
Annual report etc
As soon as possible after the end of each financial year, the Director shall submit to the Secretary of State an annual report on the discharge in that year of his functions.
Each report shall contain a copy of the statement of accounts prepared and audited under paragraph 7 above in respect of that financial year.
The Secretary of State shall lay a copy of the Director’s annual report before each House of Parliament.
The Director shall provide the Secretary of State with such information relating to his property and the discharge and proposed discharge of his functions as the Secretary of State may require; and for that purpose shall—
permit any person authorised in that behalf by the Secretary of State to make copies of any accounts or other documents; and
give such explanation as may be required of any such accounts or documents.
Evidence
A document purporting to be duly executed under the seal of the Director or to be signed on the Director’s behalf shall be received in evidence and, unless the contrary is proved, be deemed to be so executed or signed.
Public records
In Schedule 1 to the Public Records Act 1958, in Part II of the Table in paragraph 3 the following entry shall be inserted at the appropriate place— “ Traffic Director for London ”.
The Parliamentary Commissioner
In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments and authorities subject to investigation), the following entry shall be inserted at the appropriate place— “ Traffic Director for London. ”
Parliamentary disqualification
In the House of Commons Disqualification Act 1975, in Part III of Schedule 1 (other disqualifying offices), the following entry shall be inserted at the appropriate place—
The same entry shall be inserted at the appropriate place in Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975.
Parking Penalties
The notice to owner
Where—the London authority concerned may serve a notice (“a notice to owner”) on the person who appears to them to have been the owner of the vehicle when the alleged contravention occurred.
a penalty charge notice has been issued with respect to a vehicle under section 66 of this Act; and
the period of 28 days for payment of the penalty charge has expired without that charge being paid,
A notice to owner must state—
the amount of the penalty charge payable;
the grounds on which the parking attendant who issued the penalty charge notice believed that a penalty charge was payable with respect to the vehicle;
that the penalty charge must be paid before the end of the period of 28 days beginning with the date on which the notice to owner is served;
that failure to pay the penalty charge may lead to an increased charge being payable;
the amount of that increased charge;
that the person on whom the notice is served (“the recipient”) may be entitled to make representations under paragraph 2 below; and
the effect of paragraph 5 below.
The Secretary of State may prescribe additional matters which must be dealt with in any notice to owner.
Representations against notice to owner
Where it appears to the recipient that one or other of the grounds mentioned in sub-paragraph (4) below are satisfied, he may make representations to that effect to the London authority who served the notice on him.
Any representations under this paragraph must be made in such form as may be specified by the London authorities, acting through the Joint Committee.
The authority may disregard any such representations which are received by them after the end of the period of 28 days beginning with the date on which the notice to owner was served.
The grounds are—
that the recipient—
never was the owner of the vehicle in question;
had ceased to be its owner before the date on which the alleged contravention occurred; or
became its owner after that date;
that the alleged contravention did not occur;
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;
that the relevant designation order is invalid;
that the recipient is a vehicle-hire firm and—
the vehicle in question was at the material time hired from that firm under a vehicle hiring agreement; and
the person hiring it had signed a statement of liability acknowledging his liability in respect of any penalty charge notice fixed to the vehicle during the currency of the hiring agreement;
that the penalty charge exceeded the amount applicable in the circumstances of the case.
Where the ground mentioned in sub-paragraph (4)(a)(ii) above is relied on in any representations made under this paragraph, those representations must include a statement of the name and address of the person to whom the vehicle was disposed of by the person making the representations (if that information is in his possession).
Where the ground mentioned in sub-paragraph (4)(a)(iii) above is relied on in any representations made under this paragraph, those representations must include a statement of the name and address of the person from whom the vehicle was acquired by the person making the representations (if that information is in his possession).
It shall be the duty of an authority to whom representations are duly made under this paragraph—
to consider them and any supporting evidence which the person making them provides; and
to serve on that person notice of their decision as to whether they accept that the ground in question has been established.
Cancellation of notice to owner
Where representations are made under paragraph 2 above and the London authority concerned accept that the ground in question has been established they shall—
cancel the notice to owner; and
state in the notice served under paragraph 2(7) above that the notice to owner has been cancelled.
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.
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
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—and may contain such other information as the authority consider appropriate.
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—
the penalty charge is paid; or
the person on whom the notice is served appeals to a parking adjudicator against the penalty charge;
indicate the nature of a parking adjudicator’s power to award costs against any person appealing to him; and
describe in general terms the form and manner in which an appeal to a parking adjudicator must be made,
Adjudication by parking adjudicator
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—appeal to a parking adjudicator against the authority’s decision.
the end of the period of 28 days beginning with the date of service of that notice; or
such longer period as a parking adjudicator may allow,
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.
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
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.
The relevant period, in relation to a notice to owner, is the period of 28 days beginning—
where no representations are made under paragraph 2 above, with the date on which the notice to owner is served;
where—with the date on which the notice of rejection is served; or
such representations are made;
a notice of rejection is served by the authority concerned; and
no appeal against the notice of rejection is made,
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.
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
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
This paragraph applies where—
a county court makes an order under paragraph 7 above;
the person against whom it is made makes a statutory declaration complying with sub-paragraph (2) below; and
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.
The statutory declaration must state that the person making it—
did not receive the notice to owner in question;
made representations to the London authority concerned under paragraph 2 above but did not receive a rejection notice from that authority; or
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.
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.
Where this sub-paragraph applies, the district judge may allow such longer period for service of the statutory declaration as he considers appropriate.
Where a statutory declaration is served under sub-paragraph (1)(c) above—
the order of the court shall be deemed to have been revoked;
the charge certificate shall be deemed to have been cancelled;
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
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.
Service of a declaration under sub-paragraph (2)(a) above shall not prevent the London authority serving a fresh notice to owner.
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
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.
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
Any charge certificate, or notice under this Schedule—
may be served by post; and
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.
Minor and Consequential Amendments in Relation to London
The Tribunals and Inquiries Act 1971 (c. 62)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Greater London Council (General Powers) Act 1974 (c. xxiv)
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)
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 ”.
In that Act, after section 13 there shall be inserted—
Section 55 of that Act (financial provisions relating to designation orders) shall be amended as follows.
In subsection (1), for the words from “designated” to the end there shall be substituted the words
After subsection (3) there shall be inserted—
In subsection (4)(c), the words from “to the council” to “City of London” shall be omitted.
Section 105 of that Act (exemptions from provisions relating to immobilisation of vehicles) shall be amended as follows.
In subsection (2) after the words “of any vehicle” there shall be inserted the words “ found otherwise than in Greater London ”.
After subsection (2) there shall be inserted—
In subsection (3) for the words “subsection (2)(a)” there shall be substituted the words “ subsections (2)(a) and (2A) ”.
In section 122 of that Act (exercise of functions by local authorities) there shall be added at the end—
The Local Government Act 1985 (c. 51)
For paragraph 5 of Schedule 5 to the Local Government Act 1985 (designation of routes in London) there shall be substituted—
Paragraph 6 of that Schedule (guidance as to exercise of traffic powers) shall be amended as follows.
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 ”.
After sub-paragraph (6), there shall be inserted—
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 ”.
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)
In section 64 of the New Roads and Street Works Act 1991 (traffic-sensitive streets), after subsection (3) there shall be added—
Repeals
In section 12 of that Act (proof of identity of driver) after subsection (3) there shall be added—