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Road Traffic Act 1991

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Road Traffic Act 1991, Section 74 is up to date with all changes known to be in force on or before 24 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Section 74:

[F174Fixing of certain parking and other charges for London.E+W+S

[F2(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 M1Road 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.]]

Textual Amendments

F1Ss. 74, 74A substituted (3.7.2000) for s. 74 by 1999 c. 29, s. 284, (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. III

F2Ss. 69-74A repealed (E.W.) (31.3.2008) by Traffic Management Act 2004 (c. 18), s. 99(1), Sch. 12 Pt. 1; S.I. 2007/2053, arts. 1(2), 3(1)(2)(h)(ii) (with arts. 4-8) (as amended (17.3.2008) by S.I. 2008/757, arts. 3, 5); S.I. 2007/3174, art. 2, Sch.

Modifications etc. (not altering text)

C3Ss. 69-74 applied (with modifications) (S.) (3.3.2003) by The Road Traffic (Permitted Parking Area and Special Parking Area) (Aberdeen City Council) Designation Order 2003 (S.S.I. 2003/70), arts. 1, 4, sch. 2 (as amended (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 18(3) (with sch. 1))

C22Ss. 69-74 applied (with modifications) (1.4.2004) by The Road Traffic (Permitted Parking Area and Special Parking Area) (Dundee City Council) Designation Order 2004 (S.S.I. 2004/87), arts. 1, 4, sch. 2 (as amended (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 17(3) (with sch. 1))

C41Ss. 69-74 applied (with modifications) (7.2.2005) by The Road Traffic (Permitted Parking Area and Special Parking Area) (South Lanarkshire Council) Designation Order 2005 (S.S.I. 2005/11), arts. 1, 4, sch. 2 (as amended (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 16(3) (with sch. 1))

C103S. 74 applied (with modifications) (5.10.1998) by S.I. 1998/1539, art. 4, Sch. 2 paras. 2-5(as amended (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 21(3) (with sch. 1))

S. 74 applied (with modifications): (S.) (4.10.1999) by S.S.I. 1999/59 sch. 2 (as amended (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 20(3) (with sch. 1)); (1.2.2000) by S.I. 2000/8, art. 5, Sch. 2; (1.4.2000) by S.I. 2000/699, art. 5, Sch. 1; (3.4.2000) by S.I. 2000/722, art. 5, Sch. 1; (10.4.2000) by S.I. 2000/791, art. 5, Sch. 1; (1.9.2000) by S.I. 2000/2120, art. 5, Sch. 1; (4.9.2000) by S.I. 2000/2169, art. 5, Sch. 1; (2.10.2000) by S.I. 2000/2430, art. 5, Sch. 1; (8.10.2000) by S.I. 2000/2534, art. 5, Sch. 1; (30.10.2000) by S.I. 2000/1719, art. 5, Sch. 1; (13.11.2000) by S.I. 2000/2871, art. 5, Sch. 3

S. 74 applied (with modifications): (15.1.2001) by S.I. 2000/3317, art. 5, Sch. 1; (23.1.2001) by S.I. 2001/1, art. 5, Sch. 1; (19.2.2001) by S.I. 2001/180, art. 5, Sch. 1; (1.4.2001) by S.I. 2001/787, art. 5, Sch. 1; (1.4.2001) by S.I. 2001/849, art. 5, Sch. 1; (2.4.2001) by S.I. 2001/894, art. 5, Sch. 1; (1.9.2001) by S.I. 2001/1427, art. 5, Sch. 1; (1.7.2001) by S.I. 2001/1789, art. 5, Sch. 1; (2.7.2001) by S.I. 2001/1855, art. 5, Sch. 1; (2.7.2001) by S.I. 2001/1856, art. 5, Sch. 1; (16.7.2001) by S.I. 2001/2272, art. 5, Sch. 1; (3.9.2001) by S.I. 2001/2818, art. 5, Sch. 1; (3.9.2001) by S.I. 2001/2819, art. 5, Sch. 1; (3.9.2001) by S.I. 2001/2883, art. 5, Sch. 1; (1.10.2001) by S.I. 2001/3058, art. 5, Sch. 1; (1.10.2001) by S.I. 2001/3059, art. 5, Sch. 1; (5.11.2001) by S.I. 2001/3397, art. 5, Sch. 1; (26.11.2001) by S.I. 2001/3565, art. 5, Sch. 1

S. 74 applied (with modifications): (4.2.2002) by S.I. 2002/37, art. 5, Sch. 1; (25.2.2002) by S.I. 2002/126, art. 5, Sch. 1; (4.3.2002) by S.I. 2002/276, art. 5, Sch. 1; (25.3.2002) by S.I. 2002/421, art. 5, Sch. 1; (2.4.2002) by S.I. 2002/422, art. 5, Sch. 1; (5.6.2002) by S.I. 2002/1351, art. 5, Sch. 1; (5.6.2002) by S.I. 2002/1352, art. 5, Sch. 1; (1.7.2002) by S.I. 2002/1353, art. 5, Sch. 1; (1.7.2002) by S.I. 2002/1484, art. 5, Sch. 1; (1.7.2002) by S.I. 2002/1485, art. 5, Sch. 1; (1.7.2002) by S.I. 2002/1486, art. 5, Sch. 1; (1.7.2002) by S.I. 2002/1504, art. 5, Sch. 1; (15.7.2002) by S.I. 2002/1621, art. 5, Sch. 1; (S.) (1.10.2002) by S.S.I. 2002/398, art. 4, Sch. 2 (as amended (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 19(3) (with sch. 1)); (1.10.2002) by S.I. 2002/2012, art. 5, Sch. 1; (1.10.2002) by S.I. 2002/2183, art. 5, Sch. 1; (1.10.2002) by S.I. 2002/2184, art. 5, Sch. 1; (1.10.2002) by S.I. 2002/2185, art. 5, Sch. 1; (1.10.2002) by S.I. 2002/2186, art. 5, Sch. 1; (1.10.2002) by S.I. 2002/2187, art. 5, Sch. 1; (14.10.2002) by S.I. 2002/2188, art. 5, Sch. 1; (25.11.2002) by S.I. 2002/2705, art. 5, Sch. 1; (20.1.2003) by S.I. 2002/2520, art. 5, Sch. 1; (3.2.2003) by S.I. 2002/3265, art. 6, Sch. 1; (3.2.2003) by S.I. 2002/3266, art. 5, Sch. 1

C104S. 74 extended (E.W.) (1.2.2001 for E. for certain purposes and 1.4.2002 for E. otherwise and 1.8.2001 for W.) by 2000 c. 38, ss. 144(9), 275(1); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I; S.I. 2001/2788, art. 2, Sch. 1 para. 4; S.I. 2002/658, art. 2(1), Sch. Pt. 1

C105Ss. 69-74 applied (with modifications) (S.) (19.4.2010) by The Road Traffic (Permitted Parking Area and Special Parking Area) (Renfrewshire Council) Designation Order 2010 (S.S.I. 2010/96), arts. 1, 4, sch. 2 (as amended (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 15(3) (with sch. 1))

C106Ss. 69-74 applied (with modifications) (S.) (1.7.2012) by The Road Traffic (Permitted Parking Area and Special Parking Area) (East Ayrshire Council) Designation Order 2012 (S.S.I. 2012/137), arts. 1, 4, sch. 2 (as amended (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 14(3) (with sch. 1))

C107Ss. 69-74 applied (with modifications) (S.) (1.7.2012) by The Road Traffic (Permitted Parking Area and Special Parking Area) (South Ayrshire Council) Designation Order 2012 (S.S.I. 2012/140), arts. 1, 4, sch. 2 (as amended (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 13(3) (with sch. 1))

C108Ss. 69-74 applied (with modifications) (S.) (2.4.2013) by The Road Traffic (Permitted Parking Area and Special Parking Area) (East Renfrewshire Council) Designation Order 2013 (S.S.I. 2013/67), arts. 1, 4, sch. 2 (as amended (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 12(3) (with sch. 1))

C109Ss. 69-74 applied (with modifications) (S.) (29.4.2013) by The Road Traffic (Permitted Parking Area and Special Parking Area) (Fife Council) Designation Order 2013 (S.S.I. 2013/93), arts. 1, 4, sch. 2 (as amended (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 11(3) (with sch. 1))

C110Ss. 69-74 applied (with modifications) (S.) (5.12.2013) by The Road Traffic (Permitted Parking Area and Special Parking Area) (East Dunbartonshire Council) Designation Order 2013 (S.S.I. 2013/311), arts. 1, 4, sch. 2 (as amended (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 10(3) (with sch. 1))

C111Ss. 69-74 applied (with modifications) (S.) (12.5.2014) by The Road Traffic (Permitted Parking Area and Special Parking Area) (Argyll and Bute Council) Designation Order 2014 (S.S.I. 2014/84), arts. 1, 4, sch. 2 (as amended (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 9(3) (with sch. 1))

C112Ss. 69-74 applied (with modifications) (S.) (6.10.2014) by The Road Traffic (Permitted Parking Area and Special Parking Area) (Inverclyde Council) Designation Order 2014 (S.S.I. 2014/169), arts. 1, 4, sch. 2 (as amended (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 8(3) (with sch. 1))

C113Ss. 69-74 applied (with modifications) (S.) (3.10.2016) by The Road Traffic (Permitted Parking Area and Special Parking Area) (Highland Council) Designation Order 2016 (S.S.I. 2016/245), arts. 1, 4, sch. 2 (as amended (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 7(3) (with sch. 1))

C114Ss. 69-74 applied (with modifications) (S.) (23.1.2017) by The Road Traffic (Permitted Parking Area and Special Parking Area) (East Lothian Council) Designation Order 2016 (S.S.I. 2016/407), arts. 1, 4, sch. 2 (as amended (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 6(3) (with sch. 1))

C115Ss. 69-74 applied (with modifications) (S.) (3.5.2017) by The Road Traffic (Permitted Parking Area and Special Parking Area) (Angus Council) Designation Order 2017 (S.S.I. 2017/79), arts. 1, 4, sch. 2 (as amended (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 5(3) (with sch. 1))

C116Ss. 69-74 applied (with modifications) (S.) (3.5.2017) by The Road Traffic (Permitted Parking Area and Special Parking Area) (Stirling Council) Designation Order 2017 (S.S.I. 2017/82), arts. 1, 4, sch. 2 (as amended (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 4(3) (with sch. 1))

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