London Local Authorities Act 1996

Part II Bus lanes

3 Interpretation of Part II

(1) In this Part of this Act—

• “the Act of 1991” means the [1991 c. 40.] Road Traffic Act 1991;

• “bus lane” has the meaning given in regulation 23 of the [Part I of S.I. 1994/1519.] Traffic Signs Regulations 1994 and any regulation amending or revoking and re-enacting that regulation;

• “bus lane offence” means an offence under section 8, 11 or 13 of the [1984 c. 27.] Road Traffic Regulation Act 1984 or section 36 of the [1988 c. 52.] Road Traffic Act 1988 which relates to the contravention of or failure to comply with an order or traffic sign in so far as it makes provision for or indicates a reservation of all or part of a carriageway of a road as a bus lane;

• “Joint Committee” means the Joint Committee established under section 73 of the Act of 1991;

• “prescribed device” means a device prescribed under section 20(9) of the [1988 c. 53.] Road Traffic Offenders Act 1988 or a device of a description specified in regulations made for the purposes of this section by the Secretary of State;

• “road” has the same meaning as in section 142(1) of the [1984 c. 27.] Road Traffic Regulation Act 1984;

• “vehicle” means a mechanically propelled vehicle intended or adapted for use on roads.

(2) For the purposes of this Part of and Schedule 1 to this Act, the owner of a vehicle shall be taken to be the person by whom the vehicle is kept.

(3) In determining, for the purposes of this Part of and Schedule 1 to 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 [1994 c. 22.] Vehicle Excise and Registration Act 1994.

4 Penalty charge notices under Part II

(1) Where a council, on the basis of information provided by the use of a prescribed device, has reason to believe that a penalty charge is payable under this Part of this Act with respect to a vehicle, they may serve a penalty charge notice on the person appearing to them to be the owner of the vehicle.

(2) For the purposes of this Part of this Act, a penalty charge is payable to a borough council with respect to a vehicle if the person in charge of the vehicle acts in contravention of or fails to comply with an order under section 6 or 9 or regulations under section 12 of the Road Traffic Regulation Act 1984 in so far as provision is made thereby for the reservation of all or part of a carriageway of a road as a bus lane.

(3) A penalty charge notice under this Part of this Act must state—

(a) the grounds on which the council believe that the 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, an enforcement notice may be served by the council 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; and

(g) the effect of paragraph 2 of Schedule 1 to this Act.

(4) In subsection (3)(d) above, “specified proportion” means such proportion, applicable in all cases, as may be determined for the purposes of this section by the borough councils acting through the Joint Committee.

5 Exemption of fire brigade, ambulance and police vehicles under Part II

No provision in this Part of this Act shall apply to any vehicle on an occasion when it is being used for fire brigade, ambulance or police purposes.

6 Enforcement notices, etc., under Part II

(1) Schedule 1 to this Act shall have effect with respect to penalty charges under this Part of this Act, enforcement notices and other matters supplementary to the provisions of this Part of this Act; and the functions of traffic adjudicators under that Schedule shall be discharged by the persons who are appointed as parking adjudicators under section 73 of the Act of 1991.

(2) Regulations under section 73(11) of the Act of 1991 (provision as to procedure to be followed in relation to proceedings before parking adjudicators) may make provision with respect to proceedings before parking adjudicators when exercising the functions of traffic adjudicators; and any regulations under that subsection in force at the coming into operation of this Part of this Act shall, with any necessary modifications, apply in relation to such proceedings.

(3) The references to a parking adjudicator or parking adjudicators in section 73(13) to (15) and (17) and (18) of the Act of 1991 shall include references to a parking adjudicator or parking adjudicators exercising the functions of traffic adjudicators but section 73(15) of that Act shall not apply to a penalty charge under this Part of this Act which remains payable following an adjudication under paragraph 6 of Schedule 1 to this Act.

7 Financial provisions under Part II

Schedule 2 to this Act shall have effect with respect to financial provisions relating to the provisions of this Part of this Act.

8 Fixing of penalty charges

Section 74 of the Act of 1991 shall, with the omission of subsection (3), apply in relation to the levels of penalty charges under this Part of this Act as it applies in relation to the levels of (among other charges) penalty charges under Part II of that Act.

9 Penalty charge not payable in certain cases

No penalty charge shall be payable under this Part of this Act in respect of any conduct where—

(a) a notice is given to the driver under section 54(2) or (4) of the [1988 c. 53.] Road Traffic Offenders Act 1988 in respect of a bus lane offence constituted by that conduct; or

(b) notification of an intention to prosecute the driver in respect of such an offence is given by the Commissioner of Police of the Metropolis or of the City of London to the council of the borough in which the alleged offence took place before the expiry of the period of 14 days, beginning with the day on which the alleged offence takes place.