40 Power to install equipment for detection of traffic offences.
(1) In Part V of the Highways Act 1980 immediately before section 96 there shall be inserted—
Power to install equipment for detection of traffic offences.
95A A highway authority may install and maintain on or near a highway structures and equipment for the detection of traffic offences.
(2) In Part IV of the Roads (Scotland) Act 1984 after section 49 there shall be inserted—
Equipment for detection of traffic offences
Power to install equipment for detection of traffic offences.
49A A roads authority may install and maintain on or near a road structures and equipment for the detection of traffic offences.
41 Variation of charges at off-street parking places.
After section 35B of the Road Traffic Regulation Act 1984 there shall be inserted—
Variation of charges at off-street parking places.
35C (1) Where an order under section 35(1)(iii) of this Act makes provision as to the charges to be paid in connection with the use of off-street parking places, the authority making that order may vary those charges by notice given under this section.
(2) The variation of any such charges by notice is not to be taken to prejudice any power to vary those charges by order under section 35 of this Act.
(3) The Secretary of State may by regulations make provision as to the procedure to be followed by any local authority giving notice under this section.
(4) The regulations may, in particular, make provision with respect to—
(a) the publication, where an authority propose to give notice, of details of their proposal;
(b) the form and manner in which notice is to be given; and
(c) the publication of notices.
(5) In giving any notice under this section a local authority shall comply with the regulations.
42 Variation of charges at designated parking places.
After section 46 of the Road Traffic Regulation Act 1984 (which deals with charges at, and regulation of, parking places) there shall be inserted—
Variation of charges at designated parking places.
46A (1) Where, by virtue of section 46 of this Act, any charges have been prescribed by a designation order or by an order under that section, the authority making that order may vary those charges by notice given under this section.
(2) The variation of any such charges by notice is not to be taken to prejudice any power to vary those charges by order under section 46 of this Act.
(3) The Secretary of State may by regulations make provision as to the procedure to be followed by any local authority giving notice under this section.
(4) The regulations may, in particular, make provision with respect to—
(a) the publication, where an authority propose to give notice, of details of their proposal;
(b) the form and manner in which notice is to be given; and
(c) the publication of notices.
(5) In giving any notice under this section a local authority shall comply with the regulations.
43 Permitted and special parking areas outside London.
(1) Schedule 3 shall have effect for the purpose of making provision with respect to areas outside London corresponding to that made with respect to London, and areas within London, under sections 63 to 79 of this Act.
(2) In this section “London” has the same meaning as it has in Part II of this Act.
(1) After section 63 of the Road Traffic Regulation Act 1984, there shall be inserted—
Parking attendants
Parking attendants.
63A (1) A local authority may provide for the supervision of parking places within their area by individuals to be known as parking attendants.
(2) Parking attendants shall also have such other functions in relation to stationary vehicles as may be conferred by or under any other enactment.
(3) A parking attendant shall be—
(a) an individual employed by the authority; or
(b) where the authority have made arrangements with any person for the purposes of this section, an individual employed by that person to act as a parking attendant.
(4) Parking attendants in Greater London shall wear such uniform as the Secretary of State may determine when exercising prescribed functions, and shall not exercise any of those functions when not in uniform.
(5) In this section “local authority” and “parking place” have the meanings given by section 32(4) of this Act.
(2) In section 35 of that Act (provisions as to use of parking places provided under section 32 or 33), subsection (9) shall be omitted.
(1) Section 84 of the Road Traffic Regulation Act 1984 (speed limits on roads other than restricted roads), shall be amended as follows.
(2) For subsection (1) there shall be substituted—
(1) An order made under this subsection as respects any road may prohibit—
(a) the driving of motor vehicles on that road at a speed exceeding that specified in the order,
(b) the driving of motor vehicles on that road at a speed exceeding that specified in the order during periods specified in the order, or
(c) the driving of motor vehicles on that road at a speed exceeding the speed for the time being indicated by traffic signs in accordance with the order.
(1A) An order made by virtue of subsection (1)(c) above may—
(a) make provision restricting the speeds that may be indicated by traffic signs or the periods during which the indications may be given, and
(b) provide for the indications to be given only in such circumstances as may be determined by or under the order;
but any such order must comply with regulations made under subsection (1B) below, except where the Secretary of State authorises otherwise in a particular case.
(1B) The Secretary of State may make regulations governing the provision which may be made by orders of local authorities under subsection (1)(c) above, and any such regulations may in particular—
(a) prescribe the circumstances in which speed limits may have effect by virtue of an order,
(b) prescribe the speed limits which may be specified in an order, and
(c) make transitional provision and different provision for different cases.
(3) In subsection (3) for the words “under subsection (1)” there shall be substituted the words “ made by virtue of subsection (1)(a) ”.
(4) At the end there shall be added—
(6) Any reference in a local Act to roads subject to a speed limit shall, unless the contrary intention appears, be treated as not including a reference to roads subject to a speed limit imposed only by virtue of subsection (1)(b) or (c) above.
(1) After section 141 of the Road Traffic Regulation Act 1984 (tramcars and trolley vehicles) there shall be inserted—
Tramcars and trolley vehicles: regulations.
141A (1) The Secretary of State may by regulations provide that such of the provisions mentioned in subsection (2) below as are specified in the regulations shall not apply, or shall apply with modifications—
(a) to all tramcars or to tramcars of any specified class, or
(b) to all trolley vehicles or to trolley vehicles of any specified class.
(2) The provisions referred to in subsection (1) above are the provisions of sections 1 to 14, 18 and 81 to 89 of this Act.
(3) Regulations under this section—
(a) may make different provision for different cases,
(b) may include such transitional provisions as appear to the Secretary of State to be necessary or expedient, and
(c) may make such amendments to any special Act as appear to the Secretary of State to be necessary or expedient in consequence of the regulations or in consequence of the application to any tramcars or trolley vehicles of any of the provisions mentioned in subsection (2) above.
(4) In this section—
“special Act” means a local Act of Parliament passed before the commencement of this section which authorises or regulates the use of tramcars or trolley vehicles;
“tramcar” includes any carriage used on any road by virtue of an order under the Light Railways Act 1896; and
“trolley vehicle” means a mechanically propelled vehicle adapted for use on roads without rails under power transmitted to it from some external source (whether or not there is in addition a source of power on board the vehicle).
(2) After section 193 of the Road Traffic Act 1988 (exemptions for tramcars, trolley vehicles etc) there shall be inserted—
Tramcars and trolley vehicles.
193A (1) The Secretary of State may by regulations provide that such of the provisions mentioned in subsection (2) below as are specified in the regulations shall not apply, or shall apply with modifications—
(a) to all tramcars or to tramcars of any specified class, or
(b) to all trolley vehicles or to trolley vehicles of any specified class.
(2) The provisions referred to in subsection (1) above are the provisions of—
(a) sections 12, 40A to 42, 47, 48, 66, 68 to 73, 75 to 79, 83, 87 to 109, 143 to 165, 168, 170, 171, 178, 190 and 191 of this Act, and
(b) sections 1, 2, 7, 8, 22, 25 to 29, 31, 32, 34 to 48, 96 and 97 of the Road Traffic Offenders Act 1988 (provisions requiring warning of prosecution etc and provisions connected with the licensing of drivers).
(3) Regulations under this section—
(a) may make different provision for different cases,
(b) may include such transitional provisions as appear to the Secretary of State to be necessary or expedient, and
(c) may make such amendments to any special Act as appear to the Secretary of State to be necessary or expedient in consequence of the regulations or in consequence of the application to any tramcars or trolley vehicles of any of the provisions mentioned in subsection (2) above.
(4) In this section “special Act” means a local Act of Parliament passed before the commencement of this section which authorises or regulates the use of tramcars or trolley vehicles.
47 Applications for licences to drive hackney carriages etc.
(1) 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)—
(1A) For the purpose of satisfying themselves as to whether an applicant is a fit and proper person to hold a driver’s licence, a council may send to the chief officer of police for the police area in which the council is situated—
(a) a copy of that person’s application, and
(b) a request for the chief officer’s observations;
and the chief officer shall respond to the request.
(2) 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—
(a) a copy of that person’s application, and
(b) a request for the chief officer’s observations;
and the chief officer shall respond to the request.
(3) 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.
(1) 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”).
(2) Schedule 5 to this Act shall have effect with respect to the Director.
(3) In addition to the specific duties imposed on him by this or any other enactment, the Director shall have the general duty—
(a) 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
(b) of monitoring the operation of those measures.
(4) 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.
(5) The Secretary of State shall set objectives which he expects the Director to meet in exercising his functions.
(6) The Secretary of State shall publish, in such manner as he considers appropriate, any objectives which he sets under subsection (5) above.
(7) The Director shall exercise his functions—
(a) so as to meet any such objectives, so far as it is reasonably practicable for him to do so; and
(b) in accordance with any directions which the Secretary of State may from time to time see fit to give him.
(8) 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.
(9) 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.
(1) A London authority may vary their local plan, but only with the written consent of the Director.
(2) 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.
(3) 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.
(4) Before varying their local plan, a London authority shall consult—
(a) the relevant Commissioner or, if appropriate, both Commissioners;
(b) London Regional Transport;
(c) 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
(d) 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.
(5) Where a London authority fail, within a reasonable time, to comply with any direction given under subsection (2) above, the Director may vary the local plan on their behalf.
(6) Before varying a local plan on behalf of a London authority the Director shall consult—
(a) that authority;
(b) the relevant Commissioner or, if appropriate, both Commissioners;
(c) London Regional Transport;
(d) such organisations representing the interests of people with a disability who may be affected by the plan as appear to the Director to be appropriate; and
(e) any other London authority within whose area there is situated any road which is not a priority route but which is, in his opinion, likely to be affected by the proposed variation.
(7) Any reasonable administrative expenses incurred by the Director under subsection (5) above shall be recoverable by him from the London authority concerned as a civil debt.
(1) 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 ”.
(2) After subsection (1) of that section there shall be inserted the following subsection—
(1A) Subject to Parts I to III of Schedule 9 to this Act, where the authority by whom a designation order is made with respect to any parking place in Greater London impose charges to be paid for vehicles left in a parking place designated by the order, those charges shall be prescribed by the designation order or by a separate order made by the authority.
65 Contravention of certain orders relating to parking places in London not to be criminal offence.
(1) In section 47 of the Road Traffic Regulation Act 1984 (offences relating to designated parking places) the words “ ;but this subsection does not apply in relation to any designated parking place in Greater London ” shall be added at the end of subsection (1).
(2) In section 8 of that Act (contravention of orders under section 6 to be an offence), the following subsection shall be inserted after subsection (1)—
(1A) Subsection (1) above does not apply in relation to any order under section 6 of this Act so far as it designates any parking places.
(3) The provisions of section 11 of that Act (contravention of experimental traffic order) shall become subsection (1) of that section and the following subsection shall be inserted as subsection (2)—
(2) This section does not apply in relation to any experimental traffic order so far as it designates any parking places in Greater London.
(1) Where, in the case of a stationary vehicle in a designated parking place, a parking attendant has reason to believe that a penalty charge is payable with respect to the vehicle, he may—
(a) fix a penalty charge notice to the vehicle; or
(b) give such a notice to the person appearing to him to be in charge of the vehicle.
(2) For the purposes of this Part of this Act, a penalty charge is payable with respect to a vehicle, by the owner of the vehicle, if—
(a) the vehicle has been left—
(i) otherwise than as authorised by or under any order relating to the designated parking place; or
(ii) beyond the period of parking which has been paid for;
(b) no parking charge payable with respect to the vehicle has been paid; or
(c) there has, with respect to the vehicle, been a contravention of, or failure to comply with, any provision made by or under any order relating to the designated parking place.
(3) A penalty charge notice must state—
(a) the grounds on which the parking attendant believes that a penalty charge is payable with respect to the vehicle;
(b) the amount of the penalty charge which is payable;
(c) that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;
(d) that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;
(e) that, if the penalty charge is not paid before the end of the 28 day period, a notice to owner may be served by the London authority on the person appearing to them to be the owner of the vehicle;
(f) the address to which payment of the penalty charge must be sent.
(4) In subsection (3)(d) above “specified proportion” means such proportion, applicable to all cases, as may be determined by the London authorities acting through the Joint Committee.
(5) A penalty charge notice fixed to a vehicle in accordance with this section shall not be removed or interfered with except by or under the authority of—
(a) the owner, or person in charge, of the vehicle; or
(b) the London authority for the place in which the vehicle in question was found.
(6) A person contravening subsection (5) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(7) Schedule 6 to this Act shall have effect with respect to penalty charges, notices to owners and other matters supplementing the provisions of this section.
67 Recovery of vehicles or of proceeds of disposal.
(1) Section 101 of the Road Traffic Regulation Act 1984 shall be amended as follows.
(2) In subsection (1) for “(5)” there shall be substituted “ (5A) ”.
(3) In subsection (4) after the words “before a vehicle” there shall be inserted the words “ found outside Greater London ”.
(4) After that subsection there shall be inserted—
(4A) If, before a vehicle found in Greater London is disposed of by an authority in pursuance of subsections (1) to (3) above, the vehicle is claimed by a person who satisfies the authority that he is its owner and pays—
(a) any penalty charge payable in respect of the parking of the vehicle in the place from which it was removed; and
(b) such sums in respect of the removal and storage of the vehicle—
(i) as the authority may require; or
(ii) in the case of sums payable to a competent authority which is not a local authority, as may be prescribed,
the authority shall permit him to remove the vehicle from their custody within such period as they may specify or, where paragraph (b)(ii) applies, as may be prescribed.
(5) In subsection (5) after the words “which a vehicle” there shall be inserted the words “ found outside Greater London ”.
(6) After that subsection there shall be inserted—
(5A) If, before the end of the period of one year beginning with the date on which a vehicle found in Greater London is sold by an authority in pursuance of this section, any person satisfies that authority that at the time of the sale he was the owner of the vehicle, that authority shall pay him any sum by which the proceeds of sale exceed the aggregate of—
(a) any penalty charge payable in respect of the parking of the vehicle in the place from which it was removed; and
(b) such sums in respect of the removal, storage and disposal of the vehicle—
(i) as the authority may require; or
(ii) in the case of sums payable to a competent authority which is not a local authority, as may be prescribed.
(7) In subsection (6) for the words “and (5)” there shall be substituted the words “ to (5A) ”.
68 Charges for removal, storage and disposal of vehicles.
(1) Section 102 of the Road Traffic Regulation Act 1984 shall be amended as follows.
(2) In subsection (2)—
(a) in paragraphs (b) and (c) after the words “local authority” there shall be inserted the words “ other than a London authority ”; and
(b) after paragraph (c) there shall be added—
and
(d) a London authority shall be entitled to recover from any person responsible, such charges in respect of the removal, storage and disposal of a vehicle removed from a parking place designated under section 6, 9 or 45 of this Act or otherwise provided or controlled by that authority as they may require.
(3) In subsection (8)—
(a) in the definition of “appropriate authority”, for paragraph (b) there shall be substituted—
(b) in relation to a vehicle removed (by a person other than a constable or person acting in aid of a police force) from a place outside Greater London, which is a parking place provided or controlled by a local authority, or from a place (not being a parking place) on a road or land in the open air, means the local authority in whose area that place is,
;
(b) in that definition, the words following paragraph (b) shall be omitted; and
(c) at the end of that subsection there shall be added—
and
“London authority” means any council of a London borough or the Common Council of the City of London.
(4) The following subsection shall be added at the end—
(9) For the purposes of—
(a) subsection (2)(d) above, and
(b) paragraph (b) in the definition of “appropriate authority” in subsection (8) above,
a parking place provided under a letting or arrangements made by a local authority in pursuance of section 33(4) of this Act shall be treated as provided by that authority.
(1) Where, in the case of a stationary vehicle in a designated parking place, a parking attendant has reason to believe that the vehicle has been permitted to remain at rest there in any of the circumstances specified in section 66(2) (a), (b) or (c) of this Act, he or another person acting under his direction may fix an immobilisation device to the vehicle.
(2) On any occasion when an immobilisation device is fixed to a vehicle in accordance with this section, the person fixing the device shall also fix to the vehicle a notice—
(a) indicating that such a device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion until it has been released from that device;
(b) specifying the steps to be taken in order to secure its release; and
(c) giving such other information as may be prescribed.
(3) A vehicle to which an immobilisation device has been fixed in accordance with this section may only be released from that device by or under the direction of a person authorised by the relevant authority to give such a direction.
(4) Subject to subsection (3) above, a vehicle to which an immobilisation device has been fixed in accordance with this section shall be released from that device on payment in any manner specified in the notice fixed to the vehicle under subsection (2) above of—
(a) the penalty charge payable in respect of the parking; and
(b) such charge in respect of the release as may be required by the relevant authority.
(5) A notice fixed to a vehicle in accordance with this section shall not be removed or interfered with except by or under the authority of—
(a) the owner, or person in charge, of the vehicle; or
(b) the relevant authority.
(6) A person contravening subsection (5) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(7) Any person who, without being authorised to do so in accordance with this section, removes or attempts to remove an immobilisation device fixed to a vehicle in accordance with this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(8) In this section “relevant authority” means the London authority for the place in which the vehicle in question was found.
(1) Section 69(1) of this Act shall not apply in relation to a vehicle if—
(a) a current disabled person’s badge is displayed on the vehicle;
(aa) 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;
(b) not more than 15 minutes have elapsed since the end of any period for which the appropriate charge was duly paid at the time of parking; or
(c) not more than 15 minutes have elapsed since the end of any unexpired time (in respect of another vehicle) which is available at the relevant parking meter at the time of parking.
(2) In any case in which section 69(1) of this Act would apply to a vehicle but for subsection (1)(a) above and the vehicle was not, at the time at which it was parked, being used—
(a) in accordance with regulations under section 21 of the Chronically Sick and Disabled Persons Act 1970; and
(b) 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),
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.
(2A) 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—
(a) in accordance with regulations under section 21A of the Chronically Sick and Disabled Persons Act 1970, and
(b) 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),
the person in charge of the vehicle at that time shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) In this section “disabled person’s badge” has the same meaning as in section 142(1) of the Road Traffic Regulation Act 1984, and “parking meter” has the same meaning as in section 46(2)(a) of that Act.
71 Representations in relation to removal or immobilisation of vehicles.
(1) The owner or person in charge of a vehicle who—
(a) removes it from the custody of a London authority in accordance with subsection (4A) of section 101 of the Road Traffic Regulation Act 1984 (ultimate disposal of vehicles abandoned and removable under that Act);
(b) receives any sum in respect of the vehicle under subsection (5A) of that section;
(c) is informed that the proceeds of sale of the vehicle did not exceed the aggregate amount mentioned in subsection (5A) of that section; or
(d) secures its release from an immobilisation device in accordance with section 69(4) of this Act,
shall thereupon be informed of his right under this section to make representations to the relevant authority and of the effect of section 72 of this Act.
(2) The relevant authority shall give that information, or shall cause it to be given, in writing.
(3) Any person to whom subsection (1) above applies may make representations to the relevant authority on one or more of the grounds mentioned in subsection (4) below.
(4) The grounds are—
(a) that there were no reasonable grounds for the parking attendant concerned to believe that the vehicle had been permitted to remain at rest in the parking place in circumstances specified in section 66(2)(a), (b) or (c) of this Act;
(b) that the vehicle had been permitted to remain at rest in the parking place by a person who was in control of the vehicle without the consent of the owner;
(c) that the place in which the vehicle was at rest was not a designated parking place;
(d) in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, section 69 of this Act did not apply to the vehicle at the time in question; or
(e) that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.
(5) An authority may disregard any representations which are received by them after the end of the period of 28 days beginning with the date on which the person making them is informed, under subsection (1) above, of his right to make representations.
(6) It shall be the duty of an authority to whom representations are duly made under this section, before the end of the period of 56 days beginning with the date on which they receive the representations—
(a) to consider them and any supporting evidence which the person making them provides; and
(b) to serve on that person notice of their decision as to whether they accept that the ground in question has been established.
(7) Where an authority serve notice under subsection (6)(b) above that they accept that a ground has been established they shall (when serving that notice) refund any sums—
(a) paid under subsection (4A) of section 101 of the Act of 1984 when the vehicle was removed from the custody of the authority;
(b) deducted from the proceeds of sale of the vehicle under subsection (5A) of that section; or
(c) paid under section 69(4) of this Act when the vehicle was released,
except to the extent (if any) to which those sums were properly paid or deducted.
(8) Where an authority serve notice under subsection (6)(b) above that they do not accept that a ground has been established, that notice shall—
(a) inform the person on whom it is served of his right to appeal to a parking adjudicator under section 72 of this Act;
(b) indicate the nature of a parking adjudicator’s power to award costs against any person appealing to him under that section; and
(c) describe in general terms the form and manner in which such an appeal is required to be made.
(9) Where an authority fail to comply with subsection (6) above before the end of the period of 56 days mentioned there—
(a) they shall be deemed to have accepted that the ground in question has been established and to have served notice to that effect under subsection (7) above; and
(b) subsection (7) above shall have effect as if it required any refund to be made immediately after the end of that period.
(10) A person who makes any representation under this section or section 72 of this Act which is false in a material particular and does so recklessly or knowing it to be false in that particular is guilty of an offence.
(11) Any person convicted of an offence under subsection (10) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(12) Any notice required to be served under this section may be served by post.
(13) Where the person on whom any document is required to be served by subsection (6) above is a body corporate, the document is duly served if it is sent by post to the secretary or clerk of that body.
(14) In this section and in section 72 of this Act “relevant authority” has the same meaning as in section 69(8) of this Act.
72 Appeals to parking adjudicator in relation to decisions under section 71.
(1) Where an authority serve notice under subsection (6)(b) of section 71 of this Act that they do not accept that a ground on which representations were made under that section has been established, the person making those representations may, before—
(a) the end of the period of 28 days beginning with the date of service of that notice; or
(b) such longer period as a parking adjudicator may allow,
appeal to a parking adjudicator against the authority’s decision.
(2) On an appeal under this section, the parking adjudicator shall consider the representations in question and any additional representations which are made by the appellant on any of the grounds mentioned in section 71(4) of this Act and, if he concludes—
(a) that any of the representations are justified; and
(b) that the relevant authority would have been under the duty imposed by section 71(7) of this Act to refund any sum if they had served notice that they accepted that the ground in question had been established,
he shall direct that authority to make the necessary refund.
(3) It shall be the duty of any authority to whom such a direction is given to comply with it forthwith.
73 Appointment of parking adjudicators by joint committee of the appointing authorities.
(1) 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.
(1A) 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.
(2) The functions conferred on the appointing authorities by this section . . . shall be discharged by the Joint Committee.
(3) The appointing authorities shall—
(a) with the consent of the Lord Chancellor, appoint persons to act as parking adjudicators for the purposes of this Part of this Act;
(b) provide accommodation and administrative staff for the parking adjudicators; and
(c) determine the places at which parking adjudicators are to sit.
(4) To be qualified for appointment as a parking adjudicator, a person must satisfy the judicial-appointment eligibility condition on a 5-year basis.
(5) Each parking adjudicator shall be appointed for such term, not exceeding five years, as the appointing authorities may specify in relation to his appointment.
(6) On the expiry of his term of appointment, a parking adjudicator shall be eligible for re-appointment.
(7) A parking adjudicator may be removed from office only for misconduct or on the ground that he is unable or unfit to discharge his functions but shall otherwise hold and vacate office in accordance with the terms of his appointment.
(8) The expenses of the Joint Committee incurred in the discharge of functions conferred on the 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.
(9) The costs of any reference to arbitration under subsection (8) above shall be borne by the appointing authorities in equal shares.
(10) Where the Secretary of State is satisfied that there has been, or is likely to be, a failure on the part of the 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.
(11) The Secretary of State shall by regulations make provision as to the procedure to be followed in relation to proceedings before parking adjudicators.
(12) The regulations may, in particular, include provision—
(a) as to the manner in which appeals to parking adjudicators are to be made or withdrawn;
(b) authorising an appeal to a parking adjudicator to be disposed of on the basis of written representations unless the appellant requests an oral hearing;
(c) prescribing the procedure to be followed before the hearing of an appeal by a parking adjudicator;
(d) requiring any such hearing to be held in public except in prescribed circumstances;
(e) as to the persons entitled to appear and be heard on behalf of the parties;
(f) requiring persons to attend to give evidence and to produce documents;
(g) as to evidence at the hearing;
(h) as to the adjournment of hearings;
(i) for the award of costs in prescribed circumstances;
(j) for the settlement of costs, by taxation (and in particular by taxation in a county court) or by some other prescribed method;
(k) authorising decisions of parking adjudicators to be reserved;
(l) authorising or requiring parking adjudicators—
(i) to revise or set aside decisions;
(ii) to revoke or vary orders made by them;
(m) requiring decisions of, and orders made by, parking adjudicators, to be recorded;
(n) as to the proof of decisions of, and orders made by, parking adjudicators;
(o) authorising the correction of clerical errors in records kept in accordance with the requirements of the regulations;
(p) requiring service of—
(i) notice of decisions of parking adjudicators;
(ii) copies of any orders made by such adjudicators; or
(iii) notice of any corrections made by parking adjudicators in their decisions or orders.
(13) Subject to any provision made by the regulations, a parking adjudicator may regulate his own procedure.
(14) If any person who is required to attend a hearing held by a parking adjudicator, or to produce any document to a parking adjudicator in accordance with any regulations under subsection (11) above, fails without reasonable excuse to do so, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(15) Any amount which is payable under an adjudication of a parking adjudicator shall, if a county court so orders, be recoverable by the person to whom the amount is payable, as if it were payable under a county court order.
(16) Subsection (15) above does not apply to a penalty charge which remains payable following an adjudication under paragraph 5 of Schedule 6 to this Act.
(17) In accordance with such requirements as may be imposed by the Joint Committee, each parking adjudicator shall make an annual report to the Joint Committee on the discharge of his functions.
(18) The Joint Committee shall make and publish an annual report in writing to the Secretary of State on the discharge by the parking adjudicators of their functions.
74 Fixing of certain parking and other charges for London.
(1) It shall be the duty—
(a) of Transport for London, so far as relating to trunk roads or GLA roads, and
(b) of the London local authorities, so far as relating to other roads,
to set the levels of additional parking charges to apply in London.
(2) Before setting the level of any charges under subsection (1) above, Transport for London must consult the London local authorities.
(3) Different levels may be set for different areas in London and for different cases or classes of case.
(4) 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.
(5) If—
(a) Transport for London or, as the case may be, the London local authorities fail to discharge their duty under subsection (1) above; or
(b) the Mayor of London does not approve the levels of additional parking charges proposed by the London local authorities,
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.
(6) Levels of additional parking charges set in accordance with this section may only come into force in accordance with section 74A below.
(7) 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.
(8) 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.
(9) The functions conferred on London local authorities by this section or section 74A below shall be discharged by the Joint Committee.
(10) 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.
(11) Section 122 of the Road Traffic Regulation Act 1984 (exercise of functions by local authorities) shall apply in relation to—
(a) Transport for London,
(b) the London local authorities, and
(c) the Mayor of London,
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.
(12) In this section “additional parking charges” means—
(a) penalty charges;
(b) charges made by London authorities for the removal, storage and disposal of vehicles; and
(c) charges in respect of the release of vehicles from immobilisation devices fixed under section 69 above.
74A Additional parking charges: reserve powers of Secretary of State.
(1) Where the Mayor of London—
(a) on a submission under subsection (4) of section 74 above, approves any levels of additional parking charges, or
(b) sets any such levels under subsection (5) of that section,
he shall notify the Secretary of State of the levels of charges so approved or set.
(2) 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—
(a) the period of one month beginning with the day on which the notification is given, or
(b) such shorter period as the Secretary of State may allow.
(3) 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.
(4) 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.
(5) Levels of charges set under subsection (4) above must be no higher than those notified under subsection (1) above.
(6) 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—
(a) by Transport for London, so far as relating to GLA roads or trunk roads, or
(b) by the London local authorities, so far as relating to other roads.
(7) 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—
(a) Transport for London, if the regulations relate to GLA roads or trunk roads, or
(b) the London local authorities, if the regulations relate to other roads,
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.
75 Immobilisation of vehicles in London by police.
In the Road Traffic Regulation Act 1984, the following section shall be inserted after section 106—
Immobilisa-tion of vehicles in London
106A (1) Sections 104 and 105 of this Act shall extend throughout Greater London if the Secretary of State makes an order to that effect.
(2) If such an order is made, section 106 of this Act shall cease to apply in relation to Greater London when the order comes into force.
(3) Before such an order comes into force, section 106 of this Act shall have effect as if in subsection (7) the words “or by the Traffic Director for London” were added at the end and as if the following subsection were inserted after subsection (7)—
(7A) Before making an order under this section at the request of the Traffic Director for London, the Secretary of State shall consult the appropriate local authority.
(4) The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) Where a London authority apply to the Secretary of State for an order to be made under this section, the Secretary of State may make an order designating the whole, or any part, of that authority’s area as a special parking area.
(1A) An application for an order under subsection (1) above may only be made—
(a) by Transport for London, to the extent that the special parking area is to consist of GLA roads or trunk roads; or
(b) 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.
(2) Before making an order under this section, the Secretary of State shall consult the relevant Commissioner or, if appropriate, both Commissioners.
(3) While an order under this section is in force, the following provisions shall cease to apply in relation to the special parking area designated by the order—
(a) section 8 of the Road Traffic Regulation Act 1984 (contravention of, or failure to comply with, an order under section 6 of that Act to be an offence), so far as it relates to the contravention of, or failure to comply with, any provision of such an order—
(i) prohibiting or restricting the waiting of vehicles on any road; or
(ii) relating to any of the matters mentioned in paragraph 7 or 8 of Schedule 1 to that Act (conditions for loading or unloading, or delivery or collecting);
(b) section 11 of the Act of 1984 (contravention of, or failure to comply with, an experimental traffic order under section 9 of that Act to be an offence), so far as it relates to any contravention of, or failure to comply with, any provision of such an experimental traffic order—
(i) prohibiting or restricting the waiting of vehicles on any road; or
(ii) relating to any of the matters mentioned in paragraph 7 or 8 of Schedule 1 to that Act (conditions for loading or unloading, or delivery or collecting);
(c) section 16(1) of the Act of 1984 so far as it relates to the contravention of any provision of an order or notice under section 14 of that Act—
(i) prohibiting or restricting the waiting of vehicles on any road; or
(ii) relating to any of the matters mentioned in paragraph 7 or 8 of Schedule 1 to that Act;
(ca) section 35A(1) (contravention of parking place orders) of the Act of 1984 so far as it applies in relation to stationary vehicles;
(cb) section 61(5) (prohibition of vehicles in loading areas) of the Act of 1984 so far as it applies in relation to stationary vehicles;.
(d) 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);
(e) section 19 of the Road Traffic Act 1988 (parking of heavy vehicles on verges, central reservations and footpaths etc. to be an offence);
(f) section 21 of the Act of 1988 (prohibition of driving or parking on cycle tracks), so far as it makes it an offence to park a motor vehicle wholly or partly on a cycle track;
(g) 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.
(4) The Secretary of State may by order amend subsection (3) above by adding further provisions (but only in so far as they apply in relation to stationary vehicles).
(5) Before making an order under subsection (4) above, the Secretary of State shall consult—
(a) the two Commissioners; and
(b) such associations of London authorities (if any) as he thinks appropriate.
76A Variation of special parking areas by Mayor of London.
(1) 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.
(2) 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.
(3) An order under subsection (1) above must not be such as to bring within a special parking area—
(a) any area specified in an order under this paragraph made by the Secretary of State; or
(b) the whole or any part of a Royal Park, except with the consent of the Secretary of State.
(4) 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.
(5) 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).
77 Application of provisions in relation to special parking areas.
(1) This section applies in relation to any vehicle which is stationary in a special parking area (but which is not in a designated parking place) in circumstances in which an offence would have been committed with respect to the vehicle but for section 76(3) above.
(2) A penalty charge shall be payable with respect to the vehicle by the owner of the vehicle.
(3) Section 66 of, and Schedule 6 to, this Act shall apply in relation to penalty charges payable by virtue of subsection (2) above, but subject to such modifications (if any) as the Secretary of State considers it appropriate to make in the order designating the special parking area in question.
(4) Where a parking attendant has reason to believe that a penalty charge is payable with respect to the vehicle by virtue of subsection (2) above, he or another person acting under his direction may fix an immobilisation device to the vehicle.
(5) Subsections (2) to (8) of section 69 of this Act shall apply in relation to a device fixed to a vehicle under subsection (4) above, but subject to such modifications (if any) as the Secretary of State considers it appropriate to make in the order designating the special parking area in question.
(6) An order under section 76 designating a special parking area may make such modifications of any provision of, or amended by, this Part of this Act as the Secretary of State considers appropriate in consequence of the provisions of section 76 or this section or of the order.