Part I General Provisions for Traffic Regulation
Outside Greater London
1 Traffic regulation orders outside Greater London.
(1)
F1The traffic authority for a road outside Greater London may make an order under this section (referred to in this Act as a “traffic regulation order”) in respect of the road where it appears to the authority making the order that it is expedient to make it—
(a)
for avoiding danger to persons or other traffic using the road or any other road or for preventing the likelihood of any such danger arising, or
(b)
for preventing damage to the road or to any building on or near the road, or
(c)
for facilitating the passage on the road or any other road of any class of traffic (including pedestrians), or
(d)
for preventing the use of the road by vehicular traffic of a kind which, or its use by vehicular traffic in a manner which, is unsuitable having regard to the existing character of the road or adjoining property, or
(e)
(without prejudice to the generality of paragraph (d) above) for preserving the character of the road in a case where it is specially suitable for use by persons on horseback or on foot, or
(f)
for preserving or improving the amenities of the area through which the road runs F2or
(g)
for any of the purposes specified in paragraphs (a) to (c) of subsection (1) of section 87 of the Environment Act 1995 (air quality).
F3(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4 (3)
A traffic regulation order made by a local traffic authority may, with the consent of the Secretary of StateF5 , a strategic highways company F6or, as the case may be, the Scottish Ministers, extend to a road in relation to which he isF7, it is F8or they are the traffic authority if the order forms part of a scheme of general traffic control relating to roads of which at least one has a junction with the length of road in question.
F9(3A)
A local traffic authority may make a traffic regulation order in respect of a road in relation to which the Secretary of StateF10, a strategic highways company or the National Assembly for Wales is the traffic authority if—
(a)
the order is required for the provision of F11relevant bus scheme facilities, and
(b)
the Secretary of State or, the National Assembly for Wales, consents.
F12(3A)
A local traffic authority may make a traffic regulation order in respect of a road in relation to which the Secretary of State is or, as the case may be, the Scottish Ministers are the traffic authority if—
(a)
the order is required for the provision of facilities pursuant to a quality partnership scheme under Part 2 of the Transport (Scotland) Act 2001 (asp 2); and
(b)
the consent of the Secretary of State F13the strategic highways company or, as the case may be, the Scottish Ministers is obtained.
F14(3B)
In subsection (3A) “ relevant bus scheme facilities ” means—
(a)
facilities provided pursuant to a quality partnership scheme under Part 2 of the Transport Act 2000
(b)
facilities provided pursuant to a quality contract within the meaning of that Part (see section 124(4) and (5) of that Act) or otherwise in connection with a quality contracts scheme under that Part.
F15(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 What a traffic regulation order may provide.
(1)
F16A traffic regulation order may make any provision prohibiting, restricting or regulating the use of a road, or of any part of the width of a road, by vehicular traffic, or by vehicular traffic of any class specified in the order,—
(a)
either generally or subject to such exceptions as may be specified in the order or determined in a manner provided for by it, and
(b)
subject to such exceptions as may be so specified or determined, either at all times or at times, on days or during periods so specified.
(2)
F17The provision that may be made by a traffic regulation order includes any provision—
(a)
requiring vehicular traffic, or vehicular traffic of any class specified in the order, to proceed in a specified direction or prohibiting its so proceeding;
(b)
specifying the part of the carriageway to be used by such traffic proceeding in a specified direction;
(c)
prohibiting or restricting the waiting of vehicles or the loading and unloading of vehicles;
(d)
prohibiting the use of roads by through traffic; or
(e)
prohibiting or restricting overtaking.
(3)
The provision that may be made by a traffic regulation order also includes provision prohibiting, restricting or regulating the use of a road, or of any part of the width of a road, by, or by any specified class of, pedestrians—
(a)
either generally or subject to exceptions specified in the order, and
(b)
either at all times or at times, on days or during periods so specified.
(4)
F18A local traffic authority may include in a traffic regulation order any such provision—
(a)
specifying through routes for heavy commercial vehicles, or
(b)
prohibiting or restricting the use of heavy commercial vehicles (except in such cases, if any, as may be specified in the order) in such zones or on such roads as may be so specified,
as they consider expedient for preserving or improving the amenities of their area or of some part or parts of their area.
(5)
Nothing in subsection (4) above shall be construed as limiting the scope of any power or duty to control vehicles conferred or imposed on any local authorityF19, a strategic highways company or the Secretary of State otherwise than by virtue of that subsection.
3 Restrictions on traffic regulation orders.
(1)
F20. . . a traffic regulation order shall not be made with respect to any road which would have the effect—
(a)
of preventing at any time access for pedestrians, or
(b)
of preventing for more than 8 hours in any period of 24 hours access for vehicles of any class,
to any premises situated on or adjacent to the road, or to any other premises accessible for pedestrians, or (as the case may be) for vehicles of that class, from, and only from, the road.
(2)
Subsection (1) above, so far as it relates to vehicles, shall not have effect in so far as the authority making the order are satisfied, and it is stated in the order that they are satisfied, that—
(a)
for avoiding danger to persons or other traffic using the road to which the order relates or any other road, or
(b)
for preventing the likelihood of any such danger arising, or
(c)
for preventing damage to the road or buildings on or near it, or
(d)
for facilitating the passage of vehicular traffic on the road, or
(e)
for preserving or improving the amentities of an area by prohibiting or restricting the use on a road or roads in that area of heavy commercial vehicles,
it is requisite that subsection (1) above should not apply to the order.
(3)
Provision for regulating the speed of vehicles on roads shall not be made by a traffic regulation order.
F21(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 Provisions supplementary to ss. 2 and 3.
(1)
A traffic regulation order may make provision for identifying any part of any road to which, or any time at which or period during which, any provision contained in the order is for the time being to apply by means of a traffic sign of a type or character specified in the order (being a type prescribed or character authorised under section 64 of this Act) and for the time being lawfully in place; and for the purposes of any such order so made any such traffic sign placed on and near a road shall be deemed to be lawfully in place unless the contrary is proved.
(2)
A traffic regulation order which imposes any restriction on the use by vehicles of a road, or the waiting of vehicles in a road, may include provision with respect to the issue and display of certificates or other means of identification of vehicles which are excepted from the restriction, whether generally or in particular circumstances or at particular times.
(3)
A traffic regulation order may also include provision with respect to the issue, display and operation of devices F22. . . for indicating the time at which a vehicle arrived at, and the time at which it ought to leave, any place in a road in which waiting is restricted by the order, or one or other of those times, and for treating the indications given by any such device as evidence of such facts and for such purposes as may be prescribed by the order.
5 Contravention of traffic regulation order.
(1)
A person who contravenes a traffic regulation order, or who uses a vehicle, or causes or permits a vehicle to be used in contravention of a traffic regulation order, shall be guilty of an offence.
F23(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Greater London
6 Orders similar to traffic regulation orders.
(1)
F24The traffic authority for a road in Greater London may make an order under this section for controlling or regulating vehicular and other traffic (including pedestrians).Provision may, in particular, be made——
(a)
for any of the purposes, or with respect to any of the matters, mentioned in Schedule 1 to this Act, and
(b)
for any other purpose which is a purpose mentioned in any of paragraphs F25(a) to (g) of section 1(1) of this Act.
F26(2)
(3)
Any order under this section may be made so as to apply—
F29(a)
to the whole area of a local authority, or to particular parts of that area, or to particular places or streets or parts of streets in that area;
(b)
throughout the day, or during particular periods;
(c)
on special occasions only, or at special times only;
(d)
to traffic of any class;
(e)
subject to such exceptions as may be specified in the order or determined in a manner provided for by it.
F30(4)
Where, by a notice published in the prescribed manner by the highway authority, a date has been or is declared to be the date on which a part of a special road is open for use as a special road, this section shall not apply in relation to that part of that road or (if the date so declared is a date after the commencement of this Act) shall not apply in relation to it on or after that date.
(5)
No order under this section shall contain any provision for regulating the speed of vehicles on roads.
(6)
In this section, in section 7 of this Act and in Schedule 1 to this Act “street ” includes any highway, any bridge carrying a highway and any lane, mews, footway, square, court, alley or passage whether a thoroughfare or not; F31and in subsection (4) above “the prescribed manner ” means the manner prescribed by regulations made by the Secretary of State which were or are in force at the time of publication of the notice.
7 Supplementary provisions as to orders under s. 6.
(1)
Any order under section 6 of this Act may make provision for identifying any part of any road to which, or any time at which or period during which, any provision contained in the order is for the time being to apply by means of a traffic sign of a type or character specified in the order (being a type prescribed or character authorised under section 64 of this Act) and for the time being lawfully in place; and, for the purposes of any order so made, any such traffic sign placed on or near a street shall be deemed to be lawfully in place unless the contrary is proved.
(2)
Any such order which imposes any restriction on the use by vehicles of streets in Greater London, or the waiting of vehicles in such streets, may include provision with respect to the issue and display of certificates or other means of identification of vehicles which are excepted from the restriction, whether generally or in particular circumstances or at particular times.
(3)
Any such order may also include provision with respect to the issue, display and operation of devices F32. . . for indicating the time at which a vehicle arrived at, and the time at which it ought to leave, any place in a street in which waiting is restricted by the order, or one or other of those times, and for treating the indications given by any such device as evidence of such facts and for such purposes as may be prescribed by the order.
(4)
Any such order may provide for the suspension or modification, so long as the order remains in force, of any provisions of any Acts (whether public general or local or private, and including provisions contained in this Act), byelaws or regulations dealing with the same subject matter as the order, or of any Acts conferring power to make byelaws or regulations dealing with the same subject matter, so far as such provisions apply to any place or street to which the order applies.
(5)
No appeal shall lie to the Secretary of State from the F33traffic commissioner for the Metropolitan Traffic Area under section 42 of the Transport Act 1985 in the case of a decision of his with respect to a London local service licence if and so far as he certifies that the decision was necessary to secure conformity with any order in force under section 6 of this Act which prescribes—
(a)
the routes to be followed, or streets which are not to be used, by vehicles affected by the decision, or
(b)
the places in streets where such vehicles may or may not wait, or
(c)
the stopping places for such vehicles.
(6)
(7)
The reference in subsection (5) above to the Metropolitan Traffic Area shall be construed as if it were contained in the M1Public Passenger Vehicles Act 1981.
8 Contravention of order under s. 6.
(1)
Any person who acts in contravention of, or fails to comply with, an order under section 6 of this Act shall be guilty of an offence.
(1A)
F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F37(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Experimental traffic schemes
9 Experimental traffic orders.
F38(1)
The traffic authority for a road may, for the purposes of carrying out an experimental scheme of traffic control, make an order under this section (referred to in this Act as an “ experimental traffic order ”) making any such provision—
(a)
as respects a road outside Greater London, as may be made by a traffic regulation order;
(b)
as respects a road in Greater London, as may be made by an order under section 6, 45, 46, 49, F39or 83(2) or by virtue of section 84(1)(a) of this Act.
F40(2)
An experimental traffic order made by a local traffic authority outside Greater London may, with the consent of the Secretary of State F41or a strategic highways company, extend to a road in relation to which he F42or it is the traffic authority if the order forms part of a scheme of general traffic control relating to roads of which at least one has a junction with the length of road in question.
(2A)
(3)
An experimental traffic order shall not continue in force for longer than 18 months.
(4)
Subject to Parts I to III of Schedule 9 of this Act, where—
(a)
an experimental traffic order has been made for a period of less than 18 months, and
(b)
the order has not ceased to be in force,
the authority by whom the order was made may from time to time by order direct that it shall continue in force for a further period ending not later than 18 months after it first came into force.
(5)
Where an experimental traffic order made by F45a London borough council or the Common Council of the City of London has not ceased to be in force, and the Secretary of State is satisfied that—
(a)
an order which F45the council propose to make under any of the provisions of this Act specified in subsection (1)(b) above has the sole effect of reproducing and continuing in force indefinitely the provisions of the experimental traffic order (whether or not that order has been varied, or has been modified or suspended under section 10(2) of this Act), and
(b)
in consequence of F45the council causing a public inquiry to be held into the order so proposed to be made, they would be unable to make it so that it would come into operation before the experimental traffic order ceases to be in force,
the Secretary of State may, at the request of F45the council, from time to time direct that the experimental traffic order shall continue in force for a further period not exceeding 6 months from the date when it would otherwise cease to be in force.
F46(5A)
So much of section 4(1) or 7(1) of this Act as provides for a presumption that a traffic sign is lawfully placed shall apply for the purposes of an order under this section making any such provision as is referred to in that subsection.
(6)
In this section and section 10 of this Act “road ”, in relation to Greater London, includes any street as defined by section 6(6) of this Act.
10 Supplementary provisions as to experimental traffic orders.
(1)
An experimental traffic order—
(a)
may provide for the suspension or modification, while the order is in force, of any provision previously made by or under any enactment, if it is a provision that could have been made by the order; and
(b)
shall, to the extent that it is inconsistent with any provision subsequently made by or under any enactment, cease to have effect.
F47(2)
An experimental traffic order may include provision empowering a specified officer of the authority who made the order, or a person authorised by such a specified officer, to modify or suspend the operation of the order or any provision of it if it appears to him essential—
(a)
in the interests of the expeditious, convenient and safe movement of traffic,
(b)
in the interests of providing suitable and adequate on-street parking facilities, or
(c)
for preserving or improving the amenities of the area through which any road affected by the order runs.
The power conferred by such a provision shall be exercised only after consulting the appropriate chief officer of police and giving such public notice as the Secretary of State may direct.
F48(3)
Any such power to modify an experimental traffic order as is mentioned in subsection (2) above does not extend to making additions to the order or to designating additional on-street parking places for which charges are made; but subject to that the modifications may be of any description.
(4)
No appeal shall lie to the Secretary of State from the F49commissioner for the Metropolitan Traffic Area under section 42 of the Transport Act 1985 in the case of a decision of the commissioner with respect to a London local service licence if and so far as he certifies that the decision was necessary to secure conformity with an experimental traffic order prescribing—
(a)
the routes to be followed, or roads which are not to be used, by vehicles affected by the decision, or
(b)
the places in roads where such vehicles may or may not wait, or
(c)
the stopping places for such vehicles.
(5)
F51(6)
The reference in subsection (4) above to the Metropolitan Traffic Area shall be construed as if it were contained in the Public Passenger Vehicles Act 1981.
11 Contravention of experimental traffic order.
F52(1)
Any person who acts in contravention of, or fails to comply with, an experimental traffic order shall be guilty of an offence.
(2)
F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5412. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5513. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F56Temporary suspension
F5713A Temporary suspension of provisions under s. 6 or 9 orders.
(1)
The Commissioner of Police of the Metropolis or the Commissioner of Police for the City of London may temporarily suspend the operation of any provision of an order made under section 6 or 9 of this Act so far as that provision relates to any road or part of a road in Greater London which is within his area, in order to prevent or mitigate congestion or obstruction of traffic, or danger to or from traffic in consequence of extraordinary circumstances.
(2)
Subject to subsection (3) below, the period of suspension under subsection (1) above shall not continue for more than 7 days.
(3)
If the Secretary of State gives his consent to the period of suspension being continued for more than 7 days, the suspension shall continue until the end of such period as may be specified by the Secretary of State in giving his consent.
Part II Traffic Regulation in Special Cases
F5814 Temporary prohibition or restriction on roads.
(1)
If the traffic authority for a road are satisfied that traffic on the road should be restricted or prohibited—
(a)
because works are being or are proposed to be executed on or near the road; or
(b)
because of the likelihood of danger to the public, or of serious damage to the road, which is not attributable to such works; or
(c)
for the purpose of enabling the duty imposed by section 89(1)(a) or (2) of theEnvironmental Protection Act 1990 (litter clearing and cleaning) to be discharged,
the authority may by order restrict or prohibit temporarily the use of that road, or of any part of it, by vehicles, or vehicles of any class, or by pedestrians, to such extent and subject to such conditions or exceptions as they may consider necessary.
F59(1A)
Before making an order under subsection (1) above, the authority shall consult the National Park authority for any National Park which would be affected by the order.
(2)
The traffic authority for a road may at any time by notice restrict or prohibit temporarily the use of the road, or of any part of it, by vehicles, or vehicles of any class, or by pedestrians, where it appears to them that it is—
(a)
necessary or expedient for the reason mentioned in paragraph (a) or the purpose mentioned in paragraph (c) of subsection (1) above; or
(b)
necessary for the reason mentioned in paragraph (b) of that subsection,
that the restriction or prohibition should come into force without delay.
(3)
When considering the making of an order or the issue of a notice under the foregoing provisions an authority shall have regard to the existence of alternative routes suitable for the traffic which will be affected by the order or notice.
(4)
The provision that may be made by an order or notice under the foregoing provisions is—
(a)
any such provision as is mentioned in section 2(1), (2) or (3) or 4(1) of this Act; or
(b)
any provision restricting the speed of vehicles;
but no such order or notice shall be made or issued with respect to any road which would have the effect of preventing at any time access for pedestrians to any premises situated on or adjacent to the road, or to any other premises accessible for pedestrians from, and only from, the road.
(5)
Where any such order or notice is made or issued by an authority (in this subsection referred to as the “initiating authority”) any such provision as is mentioned in subsection (4) above may be made as respects any alternative road—
(a)
if that authority is the traffic authority for the alternative road, by an order made by the initiating authority or by that notice;
(b)
if the initiating authority is not the traffic authority for the alternative road, by an order made by the initiating authority with the consent of the traffic authority for the alternative road.
(6)
Section 3(1) and (2) of this Act shall apply to the provisions that may be made under subsection (5) above as they apply to the provisions of a traffic regulation order.
(7)
An order or notice made or issued under this section may—
(a)
suspend any statutory provision to which this subsection applies; or
(b)
for either of the reasons or for the purpose mentioned in subsection (1) above suspend any such provision without imposing any such restriction or prohibition as is mentioned in subsection (1) or (2) above.
(8)
Subsection (7) above applies to—
(a)
any statutory provision of a description which could have been contained in an order or notice under this section;
(b)
an order under section 32(1)(b), 35, 45, 46 or 49 of this Act or any such order as is mentioned in paragraph 11(1) of Schedule 10 to this Act; and
(c)
an order under section 6 of this Act so far as it designates any parking places in Greater London.
(9)
In this section “alternative road”, in relation to a road as respects which an order is made under subsection (1) or a notice is issued under subsection (2) above, means a road which—
(a)
provides an alternative route for traffic diverted from the first-mentioned road or from any other alternative road; or
(b)
is capable of providing such an alternative route apart from any statutory provision authorised by subsection (7) above to be suspended by an order made or notice issued by virtue of subsection (5) above.
F6015 Duration of orders and notices under s.14.
(1)
Subject to subsections (2), (3) and (5) below, an order under section 14 of this Act shall not continue in force—
(a)
if it is in respect of a footpath, bridleway F61restricted byway,, cycle track or byway open to all traffic, for more than six months; and
(b)
in any other case, for more than eighteen months,
from the date on which it comes into force.
(2)
The time-limit of eighteen months in subsection (1) above shall not apply to an order made for the reason mentioned in section 14(1)(a) of this Act if the authority making it are satisfied, and it is stated in the order that they are satisfied, that the execution of the works in question will take longer; but in any such case the authority shall revoke the order as soon as the works are completed.
(3)
Where an order subject to the time-limit of eighteen months in subsection (1) above (in this subsection referred to as “the temporary order”) has not ceased to be in force and the F62national authority is satisfied that—
(a)
an order which the authority that made the temporary order proposes to make under any other provision of this Act has the sole effect of reproducing the provisions of the temporary order and continuing them in force; and
(b)
in consequence of the procedure required to be followed in connection with the making of the proposed order F63the authority that made the temporary order would be unable to make it so that it would come into operation before the temporary order ceases to be in force,
the F62national authority may, subject to subsection (4) below, from time to time direct that the temporary order shall continue in force for a further period not exceeding six months from the date on which it would otherwise cease to be in force.
(4)
(5)
The F68national authority may, at the request of an authority that has made an order subject to the time-limit of six months in subsection (1) above, from time to time direct that the order shall continue in force for a further period from the date on which it would otherwise cease to be in force.
(6)
Where the F68national authority refuses a request under subsection (5) above in respect of an order no further order to which that subsection applies shall be made in respect of any length of road to which the previous order related unless the F68national authority has consented to the making of the further order or at least three months have expired since the date on which the previous order ceased to be in force.
(7)
A notice under section 14 of this Act shall not continue in force—
(a)
if issued for the reason mentioned in paragraph (a) or the purpose mentioned in paragraph (c) of subsection (1) of that section, for more than five days from the date of the notice;
(b)
if issued for the reason mentioned in paragraph (b) of that subsection, for more than twenty-one days from that date;
but the F68national authority may by regulations alter the number of days for the time being specified in this subsection.
(8)
Provided that no restriction or prohibition imposed under section 14 of this Act in respect of any length of road remains in force for more than the period applicable to an order in respect of the road under subsection (1) above (except by virtue of subsection (2), (3) or (5) above and subject to subsection (6) above)—
(a)
a restriction or prohibition imposed by an order under that section may be continued by a further order or further orders under that section; and
(b)
a restriction or prohibition imposed by a notice under that section may be continued—
(i)
by an order under that section; or
(ii)
if the notice was issued for the reason mentioned in subsection (1)(b) of that section, by one (but not more than one) further notice under that section.
(9)
In the application of this section to England and Wales—
(a)
“footpath” does not include a highway over which the public have a right of way on foot only which is at the side of a public road;
(b)
“cycle track” has the same meaning as in the M2Highways Act 1980; and
(c)
“byway open to all traffic” means a highway over which the public have a right of way for vehicular and all other kinds of traffic but which is used by the public mainly for the purpose for which footpaths and bridleways are used.
(10)
In the application of this section to Scotland “footpath” and “cycle track” have the same meaning as in the M3Roads (Scotland) Act 1984.
16 Supplementary provisions as to orders and notices under s. 14.
(1)
A person who contravenes, or who uses or permits the use of a vehicle in contravention of, a restriction or prohibition imposed under section 14 of this Act shall be guilty of an offence.
F69 (2)
The F70national authority may make regulations with respect to the procedure to be followed in connection with the making of orders and the issue of notices under section 14 of this Act including provision for notifying the public of the exercise, or proposed exercise, of the powers conferred by that section and of the effect of orders and notices made or issued in the exercise of those powers.
(2A)
Without prejudice to the generality of subsection (2) above, the F71national authority may by regulations under that subsection make, in relation to such orders as F72the national authority thinks appropriate, provision—
(a)
for the making and consideration of objections to a proposed order; and
(b)
for any of the matters mentioned in paragraph 22(1) of Schedule 9 to this Act;
and paragraph 25 of that Schedule shall apply to regulations under that subsection as it applies to regulations under Part III of that Schedule, taking references to orders as including both orders and notices.
F73(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F74 16A Prohibition or restriction on roads in connection with certain events.
(1)
In this section “ relevant event ” means any sporting event, social event or entertainment which is held on a road.
(2)
If the traffic authority for a road are satisfied that traffic on the road should be restricted or prohibited for the purpose of—
(a)
facilitating the holding of a relevant event,
(b)
enabling members of the public to watch a relevant event, or
(c)
reducing the disruption to traffic likely to be caused by a relevant event,
the authority may by order restrict or prohibit temporarily the use of that road, or any part of it, by vehicles or vehicles of any class or by pedestrians, to such extent and subject to such conditions or exceptions as they may consider necessary or expedient.
(3)
Before making an order under this section the authority shall satisfy themselves that it is not reasonably practicable for the event to be held otherwise than on a road.
(4)
An order under this section—
(a)
may not be made in relation to any race or trial falling within subsection (1) of section 12 of the M4Road Traffic Act 1988 (motor racing on public ways) F75 unless a motor race order under section 12D of that Act is made in relation to the race or trial or it is authorised by or under regulations under section 12G of that Act ;
(b)
may not be made in relation to any competition or trial falling within subsection (1) of section 13 of that Act (regulation of motoring events on public ways) unless the competition or trial is authorised by or under regulations under that section; and
(c)
may not be made in relation to any race or trial falling within subsection (1) of section 31 of that Act (regulation of cycle racing on public ways) unless the race or trial is authorised by or under regulations made under that section.
(5)
An order under this section may relate to the road on which the relevant event is to be held or to any other road.
(6)
In the case of a road for which the Secretary of State F76or a strategic highways company is the traffic authority, the power to make an order under this section is also exercisable, with his F77or its consent, by the local traffic authority or by any local traffic authority which is the traffic authority for any other road to which the order relates.
(7)
In the case of a road for which a local traffic authority is the traffic authority, the power to make an order under this section is also exercisable, with the consent of that local traffic authority, by a local traffic authority which is the traffic authority for any other road to which the order relates.
(8)
When considering the making of an order under this section, an authority shall have regard to the safety and convenience of alternative routes suitable for the traffic which will be affected by the order.
(9)
The provision that may be made by an order under this section is—
(a)
any such provision as is mentioned in section 2(1), (2) or (3) or 4(1) of this Act;
(b)
any provision restricting the speed of vehicles; or
(c)
any provision restricting or prohibiting—
(i)
the riding of horses, or
(ii)
the leading or driving of horses, cattle, sheep or other animals,
but no such order shall be made with respect to any road which would have the effect of preventing at any time access for pedestrians to any premises situated on or adjacent to the road, or to any other premises accessible for pedestrians from, and only from, the road.
(10)
An order under this section may—
(a)
suspend any statutory provision to which this subsection applies; or
(b)
for any of the purposes mentioned in subsection (2) above, suspend any such provision without imposing any such restriction or prohibition as is mentioned in that subsection.
(11)
Subsection (10) above applies to—
(a)
any statutory provision of a description which could have been contained in an order under this section;
(b)
an order under section 32(1)(b), 35, 45, 46 or 49 of this Act or any such order as is mentioned in paragraph 11(1) of Schedule 10 to this Act; and
(c)
an order under section 6 of this Act so far as it designates any parking places in Greater London.
F78(12)
An order under this section that is made for the purposes of a race or trial of speed in relation to which a motor race order under section 12D of the Road Traffic Act 1988 has been made may also suspend—
(a)
regulations under section 25(1);
(b)
section 28(1);
(c)
an order under section 29(1);
(d)
byelaws under section 31(1);
(e)
any provision made by or under Part 4.
F79 16B Restrictions on orders under s. 16A.
(1)
An order under section 16A of this Act shall not continue in force for a period of more than three days beginning with the day on which it comes into force unless—
(a)
the order is made by the Secretary of State F80or a strategic highways company as the traffic authority for the road concerned; or
(b)
before the order is made, he F81or it has agreed that it should continue in force for a longer period.
(2)
Where an order under section 16A of this Act has not ceased to be in force and the relevant event to which it relates has not ended, the Secretary of State F82or a strategic highways company may, subject to subsections (4) and (5) below, from time to time direct that the order shall continue in force for a further period not exceeding three days beginning with the day on which it would otherwise cease to be in force.
(3)
A direction under subsection (2) above may relate to all the roads to which the order under section 16A of this Act relates or only to specified roads.
(4)
Where an order under section 16A of this Act relates only to roads for which the Secretary of State F83or a strategic highways company (whichever made the order or agreed that it should continue in force) is not the traffic authority, he or it shall not give a direction under subsection (2) above except at the request of the traffic authority for any road to which the order relates.
(5)
Where an order under section 16A of this Act relates to any road for which the Secretary of State F84or a strategic highways company (whichever made the order or agreed that it should continue in force) is not the traffic authority, he or it shall not give a direction under subsection (2) above affecting that road except with the consent of the traffic authority for that road.
(6)
Where an order has been made under section 16A of this Act in any calendar year, no further order may be made under that section in that year so as to affect any length of road affected by the previous order, unless the further order—
(a)
is made by the Secretary of State F85or a strategic highways company as the traffic authority for the road concerned; or
(b)
is made with his F86or its consent.
(7)
For the purposes of subsection (6) above, a length of road is affected by an order under section 16A of this Act if the order contains provisions—
(a)
prohibiting or restricting traffic on that length of road; or
(b)
suspending any statutory provision applying to traffic on that length of road.
F8716C Supplementary provisions as to orders under s. 16A.
(1)
A person who contravenes, or who uses or permits the use of a vehicle in contravention of, a restriction or prohibition imposed by an order under section 16A of this Act shall be guilty of an offence.
(2)
The Secretary of State may make regulations with respect to the procedure to be followed in connection with the making of orders under section 16A of this Act including provision for notifying the public of the exercise or proposed exercise of the powers conferred by that section and of the effect of orders made in the exercise of those powers.
(3)
Without prejudice to the generality of subsection (2) above, the Secretary of State may by regulations under that subsection make, in relation to such orders as he thinks appropriate, provision—
(a)
for the making and consideration of representations relating to a proposed order; and
(b)
for any of the matters mentioned in paragraph 22(1)(a), (c), (d) or (e) of Schedule 9 to this Act;
and paragraph 25 of that Schedule shall apply to regulations under that subsection as it applies to regulations under Part III of that Schedule.
17 Traffic regulation on special roads.
F88 (1)
A special road shall not be used except by traffic of a class authorised to do so—
(a)
in England and Wales, by a scheme made, or having effect as if made, under section 16 of the Highways Act 1980 or by virtue of paragraph 3 of Schedule 23 to that Act, or
(b)
in Scotland, by a scheme made, or having effect as if made, under section 7 of the Roads (Scotland) Act 1984.
(2)
F89Regulations may make provision with respect to the use of special roads,F90Such regulations may, in particular—
(a)
regulate the manner in which and the conditions subject to which special roads may be used by traffic authorised to do so;
(b)
authorise, or enable such authority as may be specified in the regulations to authorise, the use of special roads on occasion or in an emergency or for the purpose of crossing, or for the purpose of securing access to premises abutting on or adjacent to the roads, by traffic other than that described in paragraph (a) above; F91. . .
(c)
relax, or enable any authority so specified to relax, any prohibition or restriction imposed by the regulations.
F92 (d)
include provisions having effect in such places, at such times, in such manner or in such circumstances as may for the time being be indicated by traffic signs in accordance with the regulations.
(3)
Regulations made under subsection (2) above may make provision with respect to special roads generally, or may make different provision with respect to special roads provided for the use of different classes of traffic, or may make provision with respect to any particular special road.
F93(3ZA)
The power to make provision of the following kinds by regulations under subsection (2) is exercisable by the Scottish Ministers—
(a)
provision with respect to a particular special road in Scotland;
(b)
provision for regulating the speed of vehicles on special roads in Scotland.
(3ZB)
The power to make provision of any other kind by regulations under subsection (2) is exercisable by the Secretary of State.
(3ZC)
In relation to special roads in Scotland that power of the Secretary of State is exercisable only after consultation with the Scottish Ministers.
F94(3ZD)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3A)
Before making regulations under subsection (2) above, the Scottish Ministers shall consult the National Park authority for any National Park which would be affected by the regulations.
F95(a)
the National Park authority for any National Park which would be affected by the regulations.F96...
F96(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)
If a person uses a special road in contravention of this section or of regulations under subsection (2) above, he shall be guilty of an offence.
F97 (5)
The provisions of this section and of any regulations under subsection (2) above do not apply in relation to a road, or part of a road, until the date declared by the traffic authority, by notice published in the prescribed manner, to be the date on which the road or part is open for use as a special road.
This does not prevent the making of regulations under subsection (2) above before that date, so as to come into force in relation to that road or part on that date.
(6)
In this section “ use ”, in relation to a road, includes crossing, F98 . . .
F9917A Further provisions as to special roads.
(1)
On the date declared by the traffic authority, by notice published in the prescribed manner, to be the date on which a special road, or a part of a special road, is open for use as a special road, any existing order under section 1, 6, 9 or 84 of this Act relating to that road or part shall cease to have effect.
(2)
This is without prejudice to any power to make orders under those provisions in relation to the road or part as a special road; and any such power may be exercised before the date referred to above, so as to take effect on that date.
(3)
The procedure for making an order applies in such a case with such modifications as may be prescribed.
18 One-way traffic on trunk roads.
(1)
Where the Secretary of State proposes to make F100an order under section 10 of the Highways Act 1980 or section 5 of the Roads (Scotland) Act 1984 directingthat a road shall become a trunk road, and considers it expedient—
(a)
that the road, when it becomes a trunk road, should be used only for traffic passing in one direction, and
(b)
that any other road which is a trunk road, or is to become a trunk road by virtue of the order, should be used only for traffic passing in the other direction,
the order may make provision for restricting the use of those roads accordingly as from such date as may be specified in the order.
(2)
Subsection (1) above shall have effect without prejudice to the powers of the Secretary of State under section 1 of this Act.
(3)
A person who uses a vehicle, or causes or permits a vehicle to be used, in contravention of any provision made by virtue of subsection (1) above shall be guilty of an offence.
19 Regulation of use of highways by public service vehicles.
F101(1)
A local traffic authority outside Greater London F102or a strategic highways company may make orders—
(a)
for determining the highways or, in Scotland, roads in their area which may or may not be used by public service vehicles;
(b)
for fixing stands for public service vehicles on such highways or roads;
(c)
as to the places at which public service vehicles may stop for a longer time than is necessary for taking up and setting down passengers; and
(d)
as to the manner of using such stands and places.
(2)
Any such order may be made—
(a)
so as to apply only to public service vehicles of a specified class, or
(b)
so as to have effect as respects a limited period only or as respects only limited periods in the year,
and may make different provision for different classes of public service vehicles.
F103(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20 Prohibition or restriction of use of vehicles on roads of certain classes.
(1)
The Secretary of State, if he is satisfied that it is desirable to do so, may by order made by statutory instrument prohibit or restrict, subject to such exceptions and conditions as to occasional use or access to premises or otherwise as may be specified in the order, the driving of vehicles on all roads of any such class as may be specified in the order.
(2)
A prohibition or restriction under this section may be imposed either generally or in relation to any class of vehicle; and for the purposes of this section the Secretary of State may classify roads in any manner he thinks fit, having regard to their character and situation or the nature of the traffic to which they are suited, and may determine in what class any particular road shall be included.
F104(3)
No order under this section shall be made or apply in relation to a special road on or after the date declared by the traffic authority, by notice published in the prescribed manner, to be the date on which the special road, or the relevant part of the special road, is open for use as a special road.
(4)
A statutory instrument by which an order under this section is made, revoked or varied shall not have effect unless and until it has been approved by a resolution of each House of Parliament.
(5)
A person who drives a vehicle, or causes or permits a vehicle to be driven, in contravention of an order under this section shall be guilty of an offence.
21 Permit for trailer to carry excess weight.
(1)
As regards any road or bridge the appropriate authority may, subject to such conditions as they think fit, grant a permit in respect of any trailer specified in the permit, when drawn by a heavy locomotive or a light locomotive on the road or bridge, to carry weights specified in the permit, notwithstanding that, when conveying such weights, the trailer does not comply with any regulations made, or having effect as if made, by the Secretary of State under F105section 41 of the Road Traffic Act 1988 as to the weight laden of trailers or as to the maximum weight which may be transmitted to the road or any part of it by trailers.
(2)
Where such a permit is granted in respect of a trailer it shall not, so long as the conditions (if any) attached to the permit are complied with, be an offence to carry on the road or bridge weights authorised by the permit by reason only that the trailer, when conveying them, does not comply with any such regulations.
F106(3)
The appropriate authority for the purposes of this section is—
(a)
in relation to a bridge for the maintenance of which a bridge authority is responsible, or a road passing over such a bridge, the bridge authority;
(b)
in relation to any other road, the traffic authority and any other person responsible for the maintenance of the road.
22 Traffic regulation for special areas in the countryside.
(1)
This section applies to roads of the following descriptions, that is to say—
(a)
in the case of England and Wales F107. . . roads in, or forming part of, or adjacent to or contiguous with—
(i)
a National Park,
(ii)
an area of outstanding natural beauty, F108designated as such under section 82 of the Countryside and Rights of Way Act 2000
(iii)
a country park provided under section 7(1) of the M5Countryside Act 1968 which in the opinion of the Secretary of State serves the purpose set out in section 6(1) of that Act when the considerations in paragraphs (a) and (b) of that subsection are taken into account, and any park or pleasure ground in the Lee Valley Regional Park which in the opinion of the Secretary of State serves that purpose,
F109(iv)
an area in which Natural England is conducting an experimental scheme under section 8 of the Natural Environment and Rural Communities Act 2006 F110 , or in which the Natural Resources Body for Wales is conducting a scheme under article 10C of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) that is designed to facilitate the enjoyment of the countryside or to conserve or enhance its natural beauty or amenity ,
(v)
a nature reserve or an area subject to an SSSI agreement F111...,
(vi)
a long distance route, F112. . .
(vii)
land belonging to the National Trust which is held by the Trust inalienably; F113or
(viii)
a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981); and
F114 (b)
in the case of Scotland, roads in, or forming part of, or adjacent to or contiguous with—
(i)
a country park within the meaning of section 48 of the Countryside (Scotland) Act 1967;
(ii)
(iii)
F116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iv)
an area in respect of which Scottish Natural Heritage has prepared proposals for a development project or scheme under section 5 of the Natural Heritage (Scotland) Act 1991;
(v)
a nature reserve within the meaning of section 15 of the National Parks and Access to the Countryside Act 1949 or an area which is subject to an agreement under section 15 of the Countryside Act 1968 (areas of special scientific interest);
(vi)
a long distance route within the meaning of section 54 of the said Act of 1967 (power to make byelaws);
(vii)
land belonging to the National Trust for Scotland which is held by the Trust inalienably; or
(viii)
open country, being land which appears to the Secretary of State to consist wholly or predominantly of mountain, moor, heath, hill, woodland, cliff or foreshore, and any waterway; and in this sub-paragraph “ waterway ” and “ foreshore ” shall include any bank, barrier, dune, beach, flat or other land adjacent to the waterway or foreshore.
(2)
This Act shall have effect as respects roads to which this section applies as if the list of purposes for which a traffic regulation order may be made under section 1 of this Act, as set out in F117paragraphs (a) to (g) of subsection (1) of that section and referred to in section 6(1)(b) of this Act, included the purpose of conserving or enhancing the natural beauty of the area, or of affording better opportunities for the public to enjoy the amenities of the area, or recreation or the study of nature in the area.
F118 (3)
F119Natural England, F120the Natural Resources Body for Wales and the F121Scottish Natural Heritage may each make submissions to the Secretary of State as to the desirability of a traffic regulation order being made in relation to a road to which this section applies, whether or not it is a road for which he is the traffic authority.
(4)
Where such a submission is made as respects a road for which he is not the traffic authority, and the traffic authority for the road notify him that they do not intend to make an order, the Secretary of State may by order under this subsection make any such provision as he might have made by a traffic regulation order if he had been the traffic authority.
This Act applies to such an order as to an order made by him in relation to a road for which he is the traffic authority.
F122(4A)
In subsection (1)(a)(v) above, “ SSSI agreement ” has the same meaning as in section 15A of the Countryside Act 1968
F123(5)
In subsection (2) above the reference to conserving the natural beauty of an area shall be construed as including a reference to conserving its flora, fauna and geological and physiographical features.
F12422A Traffic regulation on certain roads for purpose of conserving natural beauty.
(1)
This section applies to roads other than—
(a)
roads to which section 22 of this Act applies,
(b)
special roads, or
(c)
any road which is a trunk road, a classified road, a GLA road, a cycle track, a bridleway F125, a restricted byway or a footpath, as those expressions are defined by section 329 of the M6Highways Act 1980.
(2)
This Act shall have effect as respects roads to which this section applies as if, in relation to the making of provision with respect to vehicular traffic, the list of purposes for which a traffic regulation order under section 1 of this Act may be made, as set out in paragraphs (a) to (g) of subsection (1) of that section and referred to in section 6(1)(b) of this Act, included the purpose of conserving or enhancing the natural beauty of the area.
(3)
In subsection (2) above the reference to conserving the natural beauty of an area shall be construed as including a reference to conserving its flora, fauna and geological and physiographical features.
F12622BTraffic regulation on long distance routes
(1)
This section applies where the Secretary of State thinks that, because of the use of a long distance route by vehicular traffic, members of the public cannot safely and conveniently—
(a)
enjoy the amenities of any part of the route or of the area through which the route runs;
(b)
take advantage of opportunities for recreation in any part of that area;
(c)
study nature in any part of that area.
(2)
The Secretary of State may make an order preventing the use of the route or a specified part of the route—
(a)
by vehicular traffic, or
(b)
by vehicular traffic of a specified kind.
(3)
An order under this section may have effect only in relation to a long distance route which is, or in so far as it is, in England.
(4)
An order under this section shall be treated for all purposes as if it were a traffic regulation order made by the Secretary of State in relation to a road for which he is the traffic authority (and, in particular, any provision of this Act about the making or effect of such an order shall apply).
F12722BBTraffic regulation on byways etc. in National Parks in England and Wales
(1)
This section applies to a road—
(a)
which is in a National Park in England or Wales,
(b)
which is—
(i)
shown in a definitive map and statement as a byway open to all traffic, a restricted byway, a bridleway or a footpath, or
(ii)
a carriageway whose surface, or most of whose surface, does not consist of concrete, tarmacadam, coated roadstone or other prescribed material, and
(c)
in respect of which no relevant order is in force.
(2)
The National Park authority may—
(a)
for a purpose mentioned in section 1(1)(a) to (g) or 22(2), by order make in respect of the road any such provision as is mentioned in section 2(1), (2) or (3) or 4(1);
(b)
for the purpose of carrying out an experimental scheme of traffic control, by order make in respect of the road any such provision as is mentioned in section 2(1), (2) or (3) or 4(1);
(c)
for a reason given in section 14(1)(a) or (b) or for a purpose mentioned in section 14(1)(c) or 22(2), by order make in respect of the road—
(i)
any such provision as is mentioned in section 2(1), (2) or (3) or 4(1), or
(ii)
any provision restricting the speed of vehicles.
(3)
This Act has effect, subject to subsection (4) and any prescribed modifications, in relation to an order by a National Park authority under subsection (2)(a), (b) or (c) as it has effect in relation to an order by a local traffic authority under section 1, 9 or 14(1).
(4)
Before making any order under subsection (2), the National Park authority must consult any authority which is a highway authority for the road.
22BCSection 22BB: supplementary
(1)
Expressions used in section 22BB(1)(b) that are defined for the purposes of Part 3 of the Wildlife and Countryside Act 1981 by section 66(1) of that Act have the same meaning as in that Part.
(2)
In section 22BB(1)(c) “relevant order” means—
(a)
a traffic regulation order,
(b)
an experimental traffic order,
(c)
an order under section 14(1),
(d)
an order under section 22(4), or
(e)
an order under section 22B,
but does not include an order made under section 22BB(2).
(3)
In section 22BB “prescribed” means prescribed by regulations made—
(a)
in relation to England, by the Secretary of State;
(b)
in relation to Wales, by the National Assembly for Wales.
(4)
Any functions exercisable by the National Assembly for Wales by virtue of this section are to be treated for the purposes of section 44 of the Government of Wales Act 1998 (parliamentary procedures for subordinate legislation) as if made exercisable by the Assembly by an Order in Council under section 22 of that Act.
F12822CTerrorism
(1)
An order may be made under section 1(1)(a) for the purpose of avoiding or reducing, or reducing the likelihood of, danger connected with terrorism (for which purpose the reference to persons or other traffic using the road shall be treated as including a reference to persons or property on or near the road).
(2)
An order may be made under section 1(1)(b) for the purpose of preventing or reducing damage connected with terrorism.
(3)
An order under section 6 made for a purpose mentioned in section 1(1)(a) or (b) may be made for that purpose as qualified by subsection (1) or (2) above.
(4)
An order may be made under section 14(1)(b) for a purpose relating to danger or damage connected with terrorism.
(5)
A notice may be issued under section 14(2)(b) for a purpose relating to danger or damage connected with terrorism.
(6)
In this section “terrorism” has the meaning given by section 1 of the Terrorism Act 2000 (c. 11).
(7)
F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)
In Wales an order made, or notice issued, by virtue of this section may be made or issued only with the consent of the Secretary of State if the traffic authority is the National Assembly for Wales.
22DSection 22C: supplemental
(1)
An order may be made by virtue of section 22C only on the recommendation of the chief officer of police for the area to which the order relates.
(2)
The following shall not apply in relation to an order made by virtue of section 22C—
(a)
section 3,
(b)
section 6(5),
(c)
the words in section 14(4) from “but” to the end,
(d)
section 121B, and
(e)
paragraph 13(1)(a) of Schedule 9.
(3)
Sections 92 and 94 shall apply in relation to an order under section 14 made by virtue of section 22C as they apply in relation to an order under section 1 or 6.
(4)
An order made by virtue of section 22C, or an authorisation or requirement by virtue of subsection (3) above, may authorise the undertaking of works for the purpose of, or for a purpose ancillary to, another provision of the order, authorisation or requirement.
(5)
An order made by virtue of section 22C may—
(a)
enable a constable to direct that a provision of the order shall (to such extent as the constable may specify) be commenced, suspended or revived;
(b)
confer a discretion on a constable;
(c)
make provision conferring a power on a constable in relation to the placing of structures or signs (which may, in particular, apply a provision of this Act with or without modifications).
Part III Crossings and Playgrounds
Pedestrian crossings
23F130 Powers of strategic highways companies and local traffic authorities with respect to pedestrian crossings
F131 (1)
A F132strategic highways company or a local traffic authority may establish crossings for pedestrians on roads for which they are the traffic authority, and may alter or remove any such crossings.
The crossings shall be indicated in the manner prescribed by regulations under section 25 of this Act.
(2)
Before establishing, altering, or removing a crossing a F132strategic highways company or a F133local traffic authority—
(a)
shall consult the chief officer of police about their proposal to do so; F134and
(b)
shall give public notice of that proposal; F135...
F135(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
It shall be the duty of a F132strategic highways company or a F133local traffic authority to execute any works (including the placing, erection, maintenance, alteration and removal of marks and traffic signs) required—
(a)
in connection with the establishment, alteration or removal of crossings in accordance with regulations having effect under section 25 of this Act, or
(b)
in connection with the indication of crossings in accordance with such regulations.
F136(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F137(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24 Pedestrian crossings on F138other roads.
F139The F140national authority shall establish on roads for which F141 the national authority is the traffic authority such crossings for pedestrians as F141 the national authority considers necessary, F139and execute any works (including the placing, erection, maintenance, alteration and removal of marks and traffic signs) required in connection with the establishment of those crossings.
25 Pedestrian crossing regulations.
(1)
The F142national authority may make regulations with respect to the precedence of vehicles and pedestrians respectively, and generally with respect to the movement of traffic (including pedestrians), at and in the vicinity of crossings.
(2)
Without prejudice to the generality of subsection (1) above, regulations under that subsection may be made—
(a)
prohibiting pedestrian traffic on the carriageway within 100 yards of a crossing, and
(b)
with respect to the indication of the limits of a crossing, or of any other matter whatsoever relating to the crossing, by marks or devices on or near the roadway or otherwise, and generally with respect to the erection of traffic signs in connection with a crossing.
(3)
Different regulations may be made under this section in relation to different traffic conditions, and in particular (but without prejudice to the generality of the foregoing words) different regulations may be made in relation to crossings in the vicinity of, and at a distance from, a junction of roads, and in relation to traffic which is controlled by the police, and by traffic signals, and by different kinds of traffic signals, and traffic which is not controlled.
(4)
Regulations may be made under this section applying only to a particular crossing or particular crossings specified in the regulations.
(5)
A person who contravenes any regulations made under this section shall be guilty of an offence.
(6)
In this section “crossing” means a crossing for pedestrians established—
(a)
by a local authority under section 23 of this Act, or
(b)
and (in either case) indicated in accordance with the regulations having effect as respects that crossing; and, for the purposes of a prosecution for a contravention of the provisions of a regulation having effect as respects a crossing, the crossing shall be deemed to be so established and indicated unless the contrary is proved.
School crossings
26 Arrangements for patrolling school crossings.
(1)
Arrangements may be made by the appropriate authority for the patrolling of places where children cross roads on their way to or from school, or from one part of a school to another, F145. . . by persons appointed by or on behalf of the appropriate authority, other than constables.
F146(1A)
Arrangements under subsection (1) above may be made for patrolling places at such times as the appropriate authority think fit.
F147(1A)
Arrangements under subsection (1) above may be made for patrolling places at such times as the authority thinks fit.
(2)
For the purposes of this section, in its application to England and Wales, the appropriate authority—
(a)
(b)
as respects places in the City of London, shall be the Common Council of the City; and
F150(c)
as respects places in a London borough, shall be the council for the borough,
and for the purposes of this section, in its application to Scotland, the appropriate authority shall be the F151council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 .
(3)
The functions of the appropriate authority for the purposes of arrangements under subsection (1) above shall include the duty to satisfy themselves of the adequate qualifications of persons appointed to patrol, and to provide requisite training of persons to be appointed.
(4)
In taking decisions as to making arrangements under subsection (1) above—
F152(a)
(b)
in Scotland, the regional council shall have regard to any representations made to them by district councils for areas in the region.
F156(4A)
Before making arrangements under subsection (1) above for the patrolling of places where children cross GLA roads, a London borough council or the Common Council of the City of London must consult Transport for London and take account of any representations made by Transport for London.
(5)
Any arrangements under subsection (1) above—
F157(a)
if made in England or Wales by the council of the county F158,London boroughF159or metropolitan district as respects places in the county F158, London borough or district, may include an agreement between that council and the F160chief officer of police of the police force maintained for the police area in which those places are, F161or
(b)
if made in Scotland by a regional council, may include an agreement between that council and any district council whose area comprises the place to which the arrangements relate,
F16427. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28 Stopping of vehicles at school crossings.
(1)
When F165. . . a vehicle is approaching a place in a road where F166a person is crossing or seeking to cross the road, a school crossing patrol wearing a uniform approved by the F167national authority shall have power, by exhibiting a prescribed sign, to require the person driving or propelling the vehicle to stop it.
(2)
When a person has been required under subsection (1) above to stop a vehicle—
(a)
(b)
the vehicle shall not be put in motion again so as to reach the place in question so long as the sign continues to be exhibited.
(3)
A person who fails to comply with paragraph (a) of subsection (2) above, or who causes a vehicle to be put in motion in contravention of paragraph (b) of that subsection, shall be guilty of an offence.
(4)
In this section—
(a)
(b)
“school crossing patrol” means a person authorised to patrol in accordance with arrangements under section 26 of this Act;
and regulations under paragraph (a) above may provide for the attachment of reflectors to signs or for the illumination of signs.
(5)
For the purposes of this section—
(a)
where it is proved that a sign was exhibited by a school crossing patrol, it shall be presumed, unless the contrary is proved, to be of a size, colour and type prescribed, or of a description authorised, under subsection (4)(b) above, and, if it was exhibited in circumstances in which it was required by the regulations to be illuminated, to have been illuminated in the prescribed manner; F170and
(b)
(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Street playgrounds
F17229 Power to prohibit traffic on roads to be used as playgrounds.
(1)
For the purpose of enabling a road for which they are the traffic authority to be used as a playground for children, a local traffic authority may make an order prohibiting or restricting the use of the road by vehicles, or by vehicles of any specified class, either generally or on particular days or during particular hours.
The prohibition or restriction may be subject to such exceptions and conditions as to occasional use or otherwise as may be specified in the order.
(2)
An order under this section shall make provision for permitting reasonable access to premises situated on or adjacent to the road.
(3)
A person who uses a vehicle or causes or permits a vehicle to be used, in contravention of an order in force under this section shall be guilty of an offence.
30 Similar power for local authorities in Greater London.
(1)
For the purpose of enabling roads within their area in respect of which they are the highway authority to be used as playgrounds for children, the council of a London borough or the Common Council of the City of London shall, subject to subsections (2) to (6) below, have power to make an order prohibiting or restricting the use of any specified road by vehicles, or by vehicles of any specified class,—
(a)
subject to such exceptions and conditions as to occasional use or otherwise as may be specified in the order, and
(b)
either generally or on particular days or during particular hours.
(2)
An order made under this section with respect to a road shall make provision for permitting reasonable access to premises situated on or adjacent to it.
(3), (4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F173
(5)
A person who uses a vehicle, or causes or permits a vehicle to be used, in contravention of an order in force under this section shall be guilty of an offence.
(6)
F174The Secretary of State may make regulations for prescribing the procedure to be followed in connection with the making of orders by any other authority under this section . . . F175, and for prescribing the manner in which that other authority shall publish notice of the fact that any such order has been made . . . F175 and of its effect.
31 Byelaws with respect to roads used as playgrounds.
(1)
Where an order is or has been made F176under section 29 of this Act, the local traffic authority may make byelaws authorising the use of the road as a playground for children and making provision—
(a)
with respect to the admission of children to the road when used as a playground;
(b)
with respect to the safety of children so using the road and their protection from injury by vehicles using the road for access to premises situated on or adjacent to it or otherwise; and
(c)
generally with respect to the proper management of the road when used as a playground for children.
(2)
Part IV Parking Places
Provision of off-street parking, and parking on roads without payment
32 Power of local authorities to provide parking places.
(1)
Where for the purpose of relieving or preventing congestion of traffic it appears to a local authority to be necessary to provide within their area suitable parking places for vehicles, the local authority, subject to Parts I to III of Schedule 9 to this Act—
(a)
may provide off-street parking places (whether above or below ground and whether or not consisting of or including buildings) together with means of entrance to and egress from them, or
(b)
may by order authorise the use as a parking place of any part of a road within their area, not being a road the whole or part of the width of which is within Greater London.
(2)
A local authority may adapt for use as, or for providing means of entrance to or egress from, a parking place any land acquired or appropriated by them for the purposes of this section, and may, with the consent of the authority or person responsible for the maintenance of a road, adapt any part of it for the purpose of providing means of entrance to or egress from a parking place.
(3)
Any power conferred by this section to provide a parking place includes power to maintain it (if below ground) and to maintain buildings comprised in it, and to provide and maintain any cloakroom or other convenience for use in connection with it; and references in other provisions of this section to parking places shall accordingly be construed as including references to any such conveniences.
(4)
In this section and in sections 33 to 41 of this Act—
(a)
“local authority”, in relation to England and Wales, means (subject to section 36(3)) the council of a county, London borough or district . . . F179 or the Common Council of the City of London and, in relation to Scotland, means F180council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
(b)
“parking place” means a place where vehicles, or vehicles of any class, may wait;
and for the purposes of this section and of sections 33 to 41 of this Act, an underground parking place shall not be deemed to be part of a road by reason only of its being situated under a road.
33 Additional powers of local authorities in connection with off-street parking places.
(1)
The power of a local authority under section 32 of this Act to provide off-street parking places shall include power to provide them in buildings used also for other purposes, and to erect or adapt, and to maintain, equip and manage, buildings accordingly; and the authority by whom a parking place is so provided may let, on such terms as they think fit, parts of the building which are not used for the parking place, and may provide services for the benefit of persons occupying or using those parts, and may make such reasonable charges for those services as they may determine.
(2)
A local authority may adapt for use as a temporary off-street parking place any land owned by them or under their control, not being, in the case of land owned by them, land acquired or appropriated by them for use as an off-street parking place.
(3)
A local authority may let for use as a parking place any off-street parking place provided by them; and, where the parking place is in a building, they may let the parking place separately from the rest of the building or let the whole or any part of the building with the parking place.
(4)
A local authority may, on such terms as they think fit,—
(a)
let land on which they could erect or adapt a building for the purpose of providing an off-street parking place with a view to its being provided by some other person, or
(b)
arrange with any person for him to provide such a parking place on any land of which he is the owner or in which he has an interest.
(5)
A local authority may, at an off-street parking place provided by them under section 32 of this Act, provide and maintain such buildings, facilities and apparatus as they think fit for the storage and sale of fuel and lubricants and the supply of air and water for the vehicles, and may let or hire out, on such terms as they think fit, the buildings, facilities or apparatus so provided, but shall not themselves sell or supply fuel or lubricants.
(6)
Subsections (1) to (5) above shall not affect the provisions of any local Act as to the provision of parking places.
(7)
A local authority shall have power to enter into arrangements with any person under which, in consideration of the payment by him to the authority of a lump sum, or of a series of lump sums, he is authorised to collect and retain the charges made in respect of the parking of vehicles in an off-street parking place provided by the authority under section 32 of this Act.
34 Provision of access to premises through off-street parking place.
(1)
Where it appears to a local authority F181 . . .which proposes to provide, or has provided, an off-street parking place under section 32 of this Act—
F182(a)
that it would relieve or prevent congestion of traffic on a highway or, in Scotland, a road if use were made of the parking place to provide a means of access from the highway or road to premises adjoining, or abutting on, the parking place, and
(b)
that it would be possible to provide such access and at the same time ensure that vehicles using the parking place to obtain access to the premises in question would, while in the parking place, proceed in the direction in which other vehicles using the parking place are to be, or are, required to proceed,
the authority may provide such a means of access in accordance with the provisions of this section.
(2)
A local authority may adapt for use as, or for providing, means of access under this section—
(a)
an off-street parking place provided by them under section 32 of this Act;
(b)
any land acquired or appropriated by them for the purposes of this section or section 32; or
(c)
with the consent of the authority or person responsible for the maintenance of a road, any part of that road.
(3)
A local authority which proposes to provide, or has provided, a means of access to any premises under this section—
(a)
may enter into an agreement with the occupier of the premises with respect to the use of the means of access and for the making by him of contributions towards the expenses incurred by the authority in providing the means of access;
(b)
may, for such consideration and on such terms and conditions as may be agreed, grant to the occupier of the premises, or any other person having an interest in them, a right of way over any such part of the land comprised in the parking place as is to be used as the means of access, and such other rights (if any) incidental to, or connected with, the use of the means of access as they think it necessary or expedient to grant.
(4)
Subject to the provisions of any agreement made by them under paragraph (a) of subsection (3) above and to any rights granted by them under paragraph (b) of that subsection, a local authority may stop up any means of access provided by them under this section.
(5)
References in this section to a parking place include references to the means of entrance to and egress from the parking place.
35 Provisions as to use of parking places provided under s. 32 or 33.
(1)
As respects any parking place—
(a)
provided by a local authority under section 32 of this Act, or
(b)
provided under any letting or arrangements made by a local authority under section 33(4) of this Act,
the local authority, subject to Parts I to III of Schedule 9 to this Act, may by order make provision as to—
(i)
the use of the parking place, and in particular the vehicles or class of vehicles which may be entitled to use it,
(ii)
the conditions on which it may be used,
(iii)
the charges to be paid in connection with its use (where it is an off-street one), and
(iv)
the removal from it of a vehicle left there in contravention of the order and the safe custody of the vehicle
F183and the power under paragraph (iii) to make provision as to the payment of charges shall include power to make provision requiring those charges, or any part of them, to be paid by means of the hire or purchase in advance, or the use, of parking devices in accordance with the order..
(2)
Where under section 34 of this Act a means of access to any premises has been provided by a local authority through an off-street parking place, then, subject to Parts I to III of Schedule 9 to this Act and to the provisions of any agreement made by the local authority under subsection (3) of section 34 and to any rights granted by them under that subsection, the authority may by an order under subsection (1) above make provision as to the use of the parking place as the means of access and, in particular, as to the vehicles or class of vehicles which may be entitled to use the means of access and as to the conditions on which the means of access may be used.
(3)
An order under subsection (1) above may provide for a specified apparatus or device to be used—
(a)
as a means to indicate—
(i)
the time at which a vehicle arrived at, and the time at which it ought to leave, a parking place, or one or other of those times, or
(ii)
the charges paid or payable in respect of a vehicle in an off-street parking place; or
(b)
as a means to collect any such charges,
and may make provision regulating the use of any such apparatus or device; F184. . ..
F185(3A)
An order under subsection (1) above may also provide—
(a)
for regulating the issue, use and surrender of parking devices;
(b)
for requiring vehicles to display parking devices when left in any parking place in respect of which the parking devices may be used;
(c)
without prejudice to the generality of paragraph (b) above, for regulating the manner in which parking devices are to be displayed or operated;
(d)
for prescribing the use, and the manner of use, of apparatus, F186. . ., designed to be used in connection with parking devices;
(e)
for treating—
(i)
the indications given by a parking device, or
(ii)
the display or the failure to display a parking device on or in any vehicle left in any parking place,
as evidence (and, in Scotland, as sufficient evidence) of such facts as may be provided by the order;
(f)
for the refund, in such circumstances and in such manner as may be prescribed in the order, of the whole or part of the amount of any charge paid in advance in respect of a parking device;
(g)
for the payment of a deposit in respect of the issue of a parking device and for the repayment of the whole or any part of any such deposit.
(3B)
In this section and in section 35A below “parking device” means either a card, disc, token, meter, permit, stamp or other similar device, whether used in a vehicle or not, F187. . ., which, being used either by itself, or in conjunction with any such apparatus as is referred to in subsection (3A)(d) above—
(a)
indicates, or causes to be indicated, the payment of a charge, and—
(i)
the period in respect of which it has been paid and the time of the beginning or end of the period, or
(ii)
whether or not the period for which it has been paid or any further period has elapsed, or
(iii)
the period for which the vehicle in relation to which the parking device is used is permitted to park in the parking place, and the time of the beginning or end of the period, or
(iv)
whether or not the period for which the vehicle in relation to which the parking device is used is permitted to park in the parking place or any further period has elapsed; or
(b)
operates apparatus controlling the entry of vehicles to or their exit from the parking place, or enables that apparatus to be operated;
or any other device of any such description as may from time to time be prescribed for the purposes of this section and section 35A below by order made by the Secretary of State, F187. . ..
(3C)
An order under subsection (3B) above which revokes or amends a previous order under that subsection may make such savings and transitional provision as appears to the Secretary of State to be necessary or expedient.
(3D)
The power to make orders under subsection (3B) above is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F188(4)—(7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F189(8)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F190(9)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19135A Offences and proceedings in connection with parking places provided under s. 32 or 33.
(1)
In the event of any contravention of, or non-compliance with, a provision of an order under section 35(1) above, the person responsible shall be guilty of an offence.
(2)
A person who, with intent to defraud—
(a)
interferes with any such apparatus or device mentioned in section 35(3) above as is by an order under section 35(1) above to be used for the collection of charges at an off-street parking place, or operates or attempts to operate it by the insertion of objects other than current coins or bank notes of the appropriate denomination, or the appropriate credit or debit cards, or
(b)
interferes with any such apparatus as is mentioned in section 35(3A)(d) above or with a parking device, or operates or attempts to operate any such apparatus or any parking device otherwise than in the manner prescribed, or
(c)
displays a parking device otherwise than in the manner prescribed,
shall be guilty of an offence.
(3)
An order under section 35(1) above may include provision—
(a)
for determining the person responsible for any contravention of or non-compliance with the order;
(b)
for treating—
(i)
the indications given by any such apparatus or device as is mentioned in section 35(3) above used in pursuance of the order, or
(ii)
the indications given by any such apparatus as is mentioned in section 35(3A)(d) above used in pursuance of the order, or any tickets issued by it, or the absence of any such ticket from a vehicle left in a parking place,
as evidence (and, in Scotland, as sufficient evidence) of such facts and for such purposes as may be provided by the order;
(c)
for applying with any appropriate adaptations any of the provisions of subsections (4) to (6) of section 47 of this Act.
F192(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
While a vehicle is within a parking place, it shall not be lawful for the driver or conductor of the vehicle, or for any person employed in connection with it, to ply for hire or accept passengers for hire; and if a person acts in contravention of this subsection he shall be guilty of an offence.
(6)
In this section—
“credit card” means a card or similar thing issued by any person, use of which enables the holder to defer the payment by him of the charge for parking a vehicle; and
“debit card” means a card or similar thing issued by any person, use of which by the holder causes the charge for parking a vehicle to be paid by the electronic transfer of funds from any current account of his at a bank or other institution providing banking services.
F19335B Display of information.
(1)
The Secretary of State may make regulations requiring local authorities to display at off-street parking places provided by them under section 32 above such information about parking there as is specified in the regulations.
(2)
Regulations under this section may also—
(a)
require the display of any orders under section 35(1) above relating to the parking place;
(b)
specify the manner in which the information and orders are to be displayed;
(c)
exempt local authorities, in specified circumstances or subject to specified conditions, from the requirement to display information and orders, or to display them in the specified manner; and
(d)
provide, in relation to a parking place at which a local authority fails to comply with the regulations or with any specified provision of the regulations, that, except in any specified circumstances, any order under section 35(1) above shall be of no effect in its application to that parking place in so far as it requires the payment of any charge in connection with use of the parking place—
(i)
while the failure to comply continues, and
(ii)
as respects vehicles parked there when the failure to comply was remedied, during a specified period thereafter.
(3)
Regulations under this section may make different provision for different circumstances and for different descriptions of parking place, and may exempt specified descriptions of parking place from any provision of the regulations.
(4)
In any proceedings for contravention of, or non-compliance with, an order under section 35(1) above relating to an off-street parking place, it shall be assumed, unless the contrary is shown, that any relevant regulations under this section were complied with at all material times.
F19435C Variation of charges at off-street parking places.
(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.
36 Provisions as to authorising use of roads for parking.
(1)
Subject to section 37 of this Act, no order under section 32(1)(b) of this Act shall—
(a)
authorise the use of any part of a road so as unreasonably to prevent access to any premises adjoining the road or the use of the road by any person entitled to use it, or so as to be a nuisance, or
(b)
be made in respect of any part of a road without the consent of the authority or person responsible for the maintenance of the road.
(2)
The exercise by a local authority of their powers under section 32 of this Act with respect to the use as a parking place of any part of a road shall not render them subject to any liability in respect of the loss of or damage to any vehicle or the fittings or contents of any vehicle parked in the parking place.
(3)
In relation to roads in England the power to make an order under section 32(1)(b) of this Act shall not be exercisable by F195non-metropolitan district councils.
(4)
Subsection (3) above shall not affect the operation of section 101(1) of the M7Local Government Act 1972 (arrangements for discharge of functions by local authorities), which shall have effect as if subsection (3) above were contained in an Act passed before that Act.
37 Extension of powers for purposes of general scheme of traffic control.
F196(1)
This section applies to an order made under both section 1 and section 32 of this Act by—
(a)
the council of a county or metropolitan district in England and Wales, or
(b)
by a F197council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in Scotland,
where the order is, and is stated to be, made by virtue of this section and for the purposes of a general scheme of traffic control in a stated area.
(2)
Without prejudice to Parts I to III of Schedule 9 to this Act, the following provisions of this Act, that is to say, section 3(1), so far as it relates to vehicles, and sections 3(2) and 36(1)(a), shall not apply to any order to which this section applies, or to any order under this Act revoking or varying such an order.
(3)
Any provision of—
(a)
an order to which this section applies in so far as it has effect by virtue of section 1 of this Act, or
(b)
an order revoking or varying such an order, in so far as the order revoked or varied has effect by virtue of that section,
(4)
No authority shall make an order to which this section applies unless they are satisfied that the general scheme of traffic control—
(a)
is adequate in point of area;
(b)
takes adequate account of the need for maintaining the free movement of traffic and of the need for maintaining reasonable access to premises;
(c)
takes adequate account of the effect of heavy commercial vehicles on amenities; and
(d)
makes provision for street parking places, and for regulating their use with the aid of apparatus or devices F200. . ., which is suitable, regard being had to the extent to which off-street parking places are available in the neighbourhood or their provision is likely to be encouraged by the scheme.
38 Parking place to be used as bus or coach station.
(1)
Where, in pursuance of the powers conferred by section 32 of this Act, a local authority provides a parking place which may be used by public service vehicles, then, subject to Parts I to III and Part V of Schedule 9 to this Act, the local authority may, if they think fit,—
(a)
by order appoint that parking place as a station for, or for a specified class of, public service vehicles;
(b)
in England or Wales by regulation, and in Scotland by order, declare that section F20135A(5) of this Act shall not apply to public service vehicles, either absolutely or to such extent as may be specified in the regulation or order.
(2)
A local authority by whom a parking place is appointed under this section as a station for public service vehicles may—
(a)
do all such things as are necessary to adapt the parking place for use as such a station, and in particular provide and maintain waiting rooms, ticket offices and lavatories and other similar accommodation in connection with it;
(b)
make reasonable charges for the use of, or let on hire to any person, any accommodation so provided; and
(c)
make regulations as to the use of any such accommodation.
(3)
Subject to subsection (4) below, a local authority shall have power to make such reasonable charges for the use of a parking place (not being part of a F202road) as a station for public service vehicles as may be fixed by the local authority.
(4)
If the holder of a PSV operator’s licence in respect of any vehicles using the parking place as a station considers that the charges fixed under subsection (3) above are unreasonable, then, in default of agreement between the licence holder and the local authority for a reduction of them, the charges in respect of those vehicles shall be such as may be determined by F203the appropriate traffic F204commissionerF203a traffic commissioner.
(5)
The powers conferred on a local authority by subsections (1) and (2) above shall be in addition to, and not in substitution for, the powers conferred on a local authority by sections 32 and 33(1) of this Act.
(6)
The purposes of this section shall be purposes for which a local authority may borrow.
(7)
In this section—
(a)
(b)
“PSV operator’s licence” means a PSV operator’s licence granted under the provisions of Part II of the said Act of 1981.
39 Supplementary provisions as to exercise of powers under ss. 32–35 in England or Wales.
(1)
Before exercising their powers under section 32(1) or section 35(1) of this Act, except in the case of the exercise of the power conferred by section 32(1)(b) of this Act in relation to a road in England, a county council in England or Wales shall consult with the council of the district in which the parking place is to be, or is, situated.
F206(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
A district council F207, other than a metropolitan district council, shall not exercise its powers under any of the following provisions of this Act, that is to say, section 32, subsections (1), (3) and (4) of section 33, section 34 and section 35(1), without the consent of the county council; and any consent given by the county council may be subject to such conditions or restrictions as they think fit.
(4)
Where F208. . . a F209non-metropolitan district council in England F210. . . proposes to make an order under section 35 of this Act, the council shall submit a draft of the order to the county council, who (without prejudice to their power to give or withhold consent to the making of the order) may require such modifications of the terms of the proposed order as they think appropriate.
(5)
A district council aggrieved by the refusal of the county council to give consent under subsection (3) above, by any conditions or restrictions subject to which any such consent is given, or by any modifications required under subsection (4) above, may appeal to the Secretary of State; and on any such appeal the Secretary of State may give such directions as he thinks fit, either dispensing with the need for consent or varying or revoking any such conditions, restrictions or modifications.
(6)
Subject to subsections (7) and (8) below, the power to vary or revoke an order made by a district council F211, other than a metropolitan district council, under section 32(1) or section 35(1) of this Act shall be exercisable by the county council as well as by the district council; and the powers of a county council under section 35 of this Act shall apply in relation to a parking place—
(a)
provided by the council of a district in the county under section 32 of this Act, or
(b)
provided under any letting or arrangements made by the council of such a district under section 33(4) of this Act,
as they apply in relation to parking places provided by, or under any letting or arrangements made by, the county council.
(7)
Where a county council proposes to make an order by virtue of subsection (6) above, the county council shall send a copy of the proposed order to the district council; and if, not later than 6 weeks after they have received such a copy from the county council, the district council serve notice on the county council and the Secretary of State of their objection to the making of the proposed order, and the objection is not withdrawn by a further notice served not later than 6 weeks after the service of the notice of objection, the county council shall submit a copy of the proposed order to the Secretary of State, and shall not make the order except with his consent.
F212(7A)
Subsection (7) above does not apply to Wales.
(8)
If the Secretary of State consents to an order submitted to him for his consent under subsection (7) above, he may consent to the order either in the form in which it was submitted to him or with such modifications as he thinks fit, which may include additions, exceptions or other modifications of any description; but where he proposes to consent to the order with modifications which appear to him substantially to affect the character of the order as submitted to him, he shall, before doing so, take such steps as appear to him to be sufficient and reasonably practicable for informing the county council and district council in question and any other persons likely to be concerned.
40 Acquisition of land: provisions as to parking places.
(1)
A local authority may be authorised by the Secretary of State to purchase compulsorily land for the purposes of sections 32, 33(4)(a) and 34 of this Act; and the M9Acquisition of Land Act 1981 or, as the case may be, the M10Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to the compulsory purchase of land under this subsection and, in the latter case, shall apply as if this subsection had been in force immediately before the commencement of that Act.
(2)
The power of a local authority to acquire land for the purposes of sections 32, 33(4)(a) and 34 of this Act shall extend to the acquisition of any interest or right in, over or under land; and in subsection (1) above “land” shall be construed as including any such interest or right.
(3)
Land compulsorily acquired by a local authority otherwise than for the purposes of an off-street parking place, and not appropriated for a purpose other than that for which it was acquired, shall not be used by them for providing an off-street parking place on it for a period exceeding 12 months except with the consent of the Minister of the Crown who, at the time when his consent is sought, is the Minister concerned with the function for the purposes of which the land was acquired.
41 Financial provisions relating to parking places.
(1)
A local authority may contribute towards the expenses incurred by any other authority in the exercise of their powers under the following provisions of this Act, that is to say, sections 32, 33(1), 34, 35(9) and 40.
(2)
A local authority in Scotland may borrow such sums as the authority may require for the purpose of those provisions.
42 Provisions as to foreshore in Scotland.
—Nothing in section 32, 33(1), 38 or 40(1) of this Act shall authorise the execution of any works on, over or under tidal lands in Scotland below high-water mark of ordinary spring tides except in accordance with such plans and sections, and subject to such restrictions and regulations, as have been approved in writing by the Secretary of State before the commencement of the works.
Control of off-street parking
43 Control of off-street parking in Greater London.
(1)
The provisions of this section shall apply to any area in Greater London which F213the local authority may by regulations designate as a controlled area for the purposes of this section: and any such regulations—
(a)
in addition to including any such provision as is authorised by subsection (6) below, may prescribe forms to be used for the purposes of this section and any other matters which under this section or Schedule 4 to this Act are to be prescribed;
(b)
may include such supplementary, incidental and consequential provision as appear to F213the local authority to be necessary or expedient for the purposes of this section; and
(c)
may make different provision as respects like matters in different circumstances;
but the provisions of Part I of the said Schedule 4 shall apply to the making of any such regulations F214. . .
(2)
Subject to subsection (15) below, in a controlled area no person other than the local authority shall operate a public off-street parking place of a prescribed description except under and in accordance with the terms and conditions of a licence granted to that person by the local authority.
(3)
An applicant for a licence in respect of any premises may apply either for a permanent licence or for a licence for such limited period not exceeding five years as the applicant may specify, and any application to the local authority for a licence shall be accompanied by the prescribed fee appropriate to the type of licence applied for towards the administrative expenses of the local authority under this section; and, subject to subsection (6) below, on any such application the local authority may at their discretion either grant the applicant a licence of the type applied for or refuse the application.
(4)
Subject to subsection (6) below, every licence shall specify—
(a)
the period of its duration, that is to say, whether it is a permanent licence or a licence for a limited period and, if for a limited period, the period for which it is granted;
(b)
the maximum number of parking spaces to be provided at the licensed parking place for all, and, if the local authority think fit, for any respectively, of the following descriptions of parking, namely, short-term parking, long-term parking, casual parking and regular parking or any particular category of regular parking;
(c)
any conditions in addition to those specified in subsection (5) below subject to which the licence is granted, being such conditions, if any, as the local authority may think fit with respect to all or any of the following matters, namely—
(i)
the scale of charges, or the minimum charges, or the maximum and minimum charges, to be made for the use of parking spaces at the licensed parking place for all, or for any respectively, of the descriptions of parking referred to in paragraph (b) above;
(ii)
the proportion of parking spaces to be available respectively for casual parking and for, or for any specified category of, regular parking;
(iii)
the times of opening and closing of the licensed parking place for the reception of vehicles;
(iv)
the manner in which users of the licensed parking place are to be informed of the effect of the terms and conditions of the licence;
(v)
the keeping by the operator of the licensed parking place as respects all, or as respects any respectively, of the descriptions of parking referred to in the said paragraph (b) of records showing for each day the number of vehicles using parking spaces at the licensed parking place and the sums received by way of charges for the use of those parking spaces.
(5)
It shall be a condition of every licence—
(a)
that any person authorised in that behalf in writing by the local authority F215. . . may, subject to production if requested of his authority, at all reasonable hours enter upon and inspect the licensed parking place; and
(b)
that the holder of the licence shall, on being given reasonable notice for the purpose by any such person, produce to that person and permit him to examine and make copies of, or take extracts from, any records required by virtue of subsection (4)(c)(v) above to be kept in connection with the operation of that parking place;
but if any such person discloses to any other person otherwise than in the performance of his duty any information with regard to the operation of that parking place or to any trade secret obtained by him at that parking place or from any such examination, or if any member or officer of the local authority to whom any such information is disclosed by reason of his official position discloses that information to any person otherwise than in the performance of his duty, that person or, as the case may be, that member or officer shall (in England and Wales) be guilty of an offence.
(6)
Regulations made by F216a local authority under subsection (1) above may include provision—
(a)
as to the maximum number of parking spaces to be made available at licensed parking places for all, or for any respectively, of the descriptions of parking referred to in subsection (4)(b) above in, or in any specified part of, any controlled area F217. . . :
(b)
requiring that, in the case of licensed parking places in a particular controlled area or part of a controlled area, all or any of the matters referred to in subsection (4)(c) above shall or as the case may be shall not be the subject of conditions specified in the licence;
(c)
regulating the conditions which may be imposed with respect to any of the matters aforesaid;
F218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)
Where the local authority decide in pursuance of subsection (3) above—
(a)
to refuse an application for a licence; or
(b)
to grant a licence subject to any conditions which they are not required by regulations under subsection (6) above to impose with respect to any of the matters referred to in subsection (4)(c)(i) to (v) above,
they shall inform the applicant in writing of the reasons for their decisions at the same time as they inform him of that decision.
(8)
Where a licence has been granted—
(a)
the local authority shall, if so requested by a successor in title to the business (so far as it consists of the operation of the licensed parking place) of the person to whom the licence was granted, transfer the licence to that successor in title, but a licence shall not otherwise be transferable;
(b)
the holder of the licence may at any time surrender it by giving notice in writing for the purpose to the local authority which shall include a statement certifying either that the holder is the only person entitled to any interest in the licensed premises or that not less than 21 days before the date of the notice the holder has notified all other persons known to him to be so entitled of his intention to serve the notice;
(c)
the local authority may at any time on the application or with the agreement of the holder of the licence vary any of the terms and conditions specified in the licence under subsection 4(b) and (c) above;
(d)
in the case of a permanent licence, the local authority shall have the powers of revocation or variation of the licence conferred by Part II of Schedule 4 to this Act.
(9)
The provisions of Parts III and IV of Schedule 4 to this Act shall have effect with respect to appeals and compensation in connection with certain decisions of a local authority under this section; F219. . . ; and every person who applies for or is the holder of a licence in respect of any premises shall give to any other person known to him to be entitled to any interest in those premises information as soon as may be—
(a)
of the making of the application; and
(b)
of any decision of the local authority relating to the premises of which he is, or is deemed under paragraph 14(2) of the said Schedule to have been, notified by the local authority; and
(c)
of the bringing, and of the determination or abandonment, of any appeal from any such decision brought by that person under the said Part III.
(10)
Subject to subsection (15) below and to the provisions of Part V of Schedule 4 to this Act, any holder of a licence who contravenes or fails to comply with any of the terms and conditions of the licence and who does not show that the contravention or failure was due to an act or omission of a person not connected with the operation of the licensed parking place which the persons so connected could not reasonably have been expected to prevent shall be guilty of an offence; and on the conviction of the holder of a licence of an offence under this subsection the court before whom he is convicted may, if on an application made for the purpose by the local authority the court is satisfied that it is proper so to do by reason of the extent to which, or the period over which, or the frequency with which, the holder of the licence has contravened or failed to comply with the terms and conditions of the licence or by reason of the wilfulness of the offence, make an order for the revocation of the licence.
(11)
Save as provided by subsection (10) above or Part II of Schedule 4 to this Act, a licence shall not be revoked; and the revocation of a licence in pursuance of an order under that subsection or the revocation or variation of a licence under the said Part II shall not take effect—
(a)
before the expiration of the period for giving notice of appeal from the order or, as the case may be, notice of appeal under Part III of that Schedule from the local authority’s decision to revoke or, as the case may be, vary the licence; or
(b)
if such a notice of appeal is duly given, until the effectiveness or otherwise of the order or, as the case may be, the local authority’s decision is finally determined in accordance with the relevant procedure.
(12)
Subject to subsection (15) below and to the provisions of Part V of Schedule 4 to this Act, any person who, in contravention of subsection (2) above, operates a public off-street parking place without holding a licence for the purpose shall be guilty of an offence.
(13)
The local authority for a controlled area shall have regard to any regulations for the time being in force under this section when exercising in that area any of their functions under sections 32 to 36 and 39 to 41 of this Act; and where a public off-street parking place is provided in a controlled area by the local authority under the said section 32, any such regulations shall apply to the operation of that parking place with such modifications as may be prescribed for the purpose, being modifications appearing to F220the local authority to be necessary to ensure that the parking place is operated by or on behalf of the local authority with suitable provision as to the matters referred to in subsection (4)(b) and (c)(i) to (iv) above in like manner as if it were being operated under a licence granted by the local authority.
(14)
In this section, section 44 of, and Schedule 4 to this Act—
“charges” includes fares, rates, tolls and dues of every description;
F221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“licence” means a licence under this section;
F222“local authority” means the council of a London borough or the Common Council of the City of London;
“long-term parking” and “short-term parking” mean parking for a continuous period exceeding, or, as the case may be, not exceeding, four hours or such longer period as may be prescribed;
“prescribed” means prescribed by regulations made under this section;
“public off-street parking place” means a place, whether above or below ground and whether or not consisting of or including buildings, where F223off-street parking accommodation is made available by any person to the public for payment; and references to operating, or to the operation of, or to the operator of, such a parking place shall be construed as references to making, or as the case may be to the person making, such parking F223accommodation at the parking place so available.
(15)
The Secretary of State, after consultation with F224a local authority, may at any time, if it appears to him expedient so to do by reason of any emergency which appears to him to have arisen or to be likely to arise, by order, which shall be laid before Parliament after being made, provide that this subsection shall apply either in relation to all areas for the time being designated F225by the local authority as controlled areas or in relation to such parts of any of those areas as may be specified in the order; and—
(a)
during the period while any such order is in force in relation to any controlled area or part thereof, any public off-street parking place in that area or part may be operated as if that area or part were not, or, as the case may be, were not comprised in, a controlled area; and
(b)
nothing in subsection (10) or (12) above shall apply to anything done at any such parking place during that period.
44 Control of off-street parking outside Greater London.
(1)
With a view to providing further means of regulating traffic in urban areas, Her Majesty may by Order in Council provide for enabling the operation of public off-street parking places to be regulated—
F226(a)
in English counties, by the county council or metropolitan district council, and in F227Welsh counties or county boroughs by the county council or (as the case may be ) county borough council, by the county council; and
(b)
in Scottish F228local authority areas by the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 .
(2)
An Order in Council under this section may make any such provision for the remainder of England and Wales, or for Scotland as the case may be, as is made for Greater London by section 43 of this Act and shall be so framed as to conform with the London provisions as respects all matters there dealt with, subject only to the modifications permitted or required by the following subsection and other minor and incidental modifications.
(3)
The modifications referred to above are that the Order—
(a)
shall provide for controlled areas to be so designated that they comprise only premises to which there is no road access otherwise than (directly or indirectly) from one or more urban roads;
F229(b)
may in relation to non-metropolitan counties in England and F230. . . provide for certain functions of local authorities under the London provisions in respect of areas designated as controlled areas to be conferred on district councils or on both county councils and district councils, and may in consequence of any such distribution of functions make such incidental and supplementary provision as appears to Her Majesty to be necessary or expedient;
(c)
may take account of Scottish legislation corresponding to legislation for England and Wales; and
(d)
may include, in place of references and requirements which are apposite only for London, corresponding references and requirements apposite for other areas of Great Britain.
(4)
Any such Order shall also require councils—
(a)
to consult organisations representative of the disabled before deciding to propose the designation of a controlled area under the Order; and
(b)
if representations are received from such organisations about the proposal, to send to the Secretary of State (together with copies of representations received from other organisations consulted) a statement of how parking requirements of the disabled arising from implementation of the proposal are met by existing facilities or, if in the opinion of the council they are not already so met, how it is intended to meet them.
(5)
In this section—
(a)
“the London provisions” means section 43 of, and Schedule 4 to, this Act; and
(b)
“urban road” means a road which—
(i)
is a restricted road for the purposes of section 81 of this Act; or
(ii)
is subject to an order F231made by virtue of section 84(1)(a) of this Act imposing a speed limit of not more than 40 m.p.h.
(6)
An Order in Council made under this section shall be subject to annulment by resolution of either House of Parliament.
Parking on highways for payment
45 Designation of paying parking places on highways.
F232(1)
A local authority may by order designate parking places on highways or, in Scotland, roads in their area for vehicles or vehicles of any class specified in the order; and the authority may make charges (of such amount as may be prescribed under section 46 below) for vehicles left in a parking place so designated.
The exercise of this power by a local authority F233. . . in relation to a highway or road for which they are not the traffic authority is subject to obtaining the consent of the traffic authority.
F234(1A)
Transport for London may not by virtue of subsection (1) above designate parking places on any highway which is not a GLA road.
(2)
An order under this section may designate a parking place for use (either at all times or at times specified in the order) only by such persons or vehicles, or such persons or vehicles of a class specified in the order, as may be authorised for the purpose by a permit from the authority operating the parking place F235or both by such persons or vehicles or classes of persons or vehicles and also, with or without charge and subject to such conditions as to duration of parking or times at which parking is authorised, by such other persons or vehicles, or persons or vehicles of such other class, as may be specified; and
(a)
in the case of any particular parking place and any particular vehicle, or any vehicle of a particular class, the authority operating the parking place F236. . . may issue a permit for that vehicle to be left in the parking place while the permit remains in force, either at all times or at such times as may be specified in the permit, and
(b)
except in the case of a public service vehicle, may make such charge in connection with the issue or use of the permit, of such amount and payable in such manner, as the authority by whom the designation order was made may by order prescribe.
(3)
In determining what parking places are to be designated under this section the authority concerned shall consider both the interests of traffic and those of the owners and occupiers of adjoining property, and in particular the matters to which that authority shall have regard include—
(a)
the need for maintaining the free movement of traffic;
(b)
the need for maintaining reasonable access to premises; and
(c)
the extent to which F237off-street parking accommodation, whether in the open or under cover,is available in the neighbourhood or the provision of such parking accommodation is likely to be encouraged there by the designation of parking places under this section.
(4)
The exercise by an authority of functions under this section shall not render the authority subject to any liability in respect of the loss of or damage to any vehicle in a parking place or the contents or fittings of any such vehicle.
(5)
Nothing in this section shall affect the operation of section 6 or 32 of this Act.
(6)
Subject to Parts I to III of Schedule 9 to this Act, where it appears to the authority concerned to be expedient to do so having regard to any objections duly made in respect of proposals made by that authority for a designation order F238. . . they may, if they think fit, make an interim order pursuant to the proposals or application in respect of any one or more of the sites affected, or in respect of any part of any of those sites, and postpone for further consideration the making of any further order in pursuance of the proposals or application.
(7)
In this section and in sections 46 to 55 of this Act, “local authority”—
(a)
(b)
in Wales, means the council of a county F241 or a county borough; and
(c)
in Scotland, means the F242 a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994,
and “the local authority”, in relation to a parking place or proposed parking place on any site, F243. . . means the local authority (as defined above) in whose area the site is F244. . .. F245unless the site is in Greater London, in which case—
(i)
if the site is on a GLA road and the parking place is, or is proposed to be, designated by Transport for London, “the local authority” means Transport for London;
(ii)
if the site is on a GLA road and the parking place is, or is proposed to be, designated by the London local authority in whose area the site is, “the local authority” means that London local authority; and
(iii)
if the site is on a highway which is not a GLA road, “the local authority” means the London local authority in whose area the site is.
F246(8)
In this section “London local authority” means the council of a London borough or the Common Council of the City of London.
46 Charges at, and regulation of, designated parking places.
(1)
Subject to Parts I to III of Schedule 9 to this Act the authority by whom a designation order is made F247with respect to any parking place outside Greater London F248, and not in a civil enforcement area for parking contraventions, shall by order prescribe any charges to be paid for vehicles left in a parking place designated by the order; and any such charge may be prescribed either—
(a)
as an amount (in this Act referred to as an “initial charge”) payable in respect of an initial period and an amount (in this Act referred to as an “excess charge”) payable, in addition to an initial charge, in respect of any excess over an initial period, or
(b)
as an amount payable regardless of the period for which a vehicle is left.
F249(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 F250, or outside Greater London in a civil enforcement area for parking contraventions, 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.
(2)
The authority by whom a designation order is made may, subject to Parts I to III of Schedule 9 to this Act, by order make such provision as may appear to that authority to be necessary or expedient for regulating or restricting the use of any parking place designated by the order, or otherwise for or in connection with the operation of such a parking place, and in particular (but without prejudice to the generality of the foregoing words) provision—
(a)
for regulating the time at which and the method by which any charge is to be paid and for requiring the use of apparatus (in this Act referred to as a “parking meter”) F251. . ., being apparatus designed either—
(i)
to indicate whether any charge has been paid and whether the period for which it has been paid or any further period has elapsed, or
(ii)
to indicate the time and to issue tickets indicating the payment of a charge and the period in respect of which it has been paid;
(b)
for treating the indications given by a parking meter or any ticket issued by it, or the absence of any such ticket from a vehicle left in a parking place, as evidence (and, in Scotland, sufficient evidence) of such facts as may be provided by the order;
F252(c)
for prohibiting the insertion in a parking meter of coins or bank notes additional to those inserted by way of payment of any charge, or for prohibiting the insertion or re-insertion in a parking meter of a credit or debit card additional to the original insertion of such a card.
(d)
for enabling the local authority to determine, subject to any restrictions specified in the order, the number and dimensions of the spaces in which vehicles may be left in a parking place;
(e)
for authorising the alteration of the position in a parking place, or the removal from a parking place, of vehicles in respect of which any order relating to the parking place has been contravened or not complied with and for the safe custody of vehicles so removed;
(f)
for exempting from the payment of any charge any vehicle left in a parking place in such circumstances as may be specified in the order, and for treating any vehicle so exempted as having been left there, and the charge from which it is exempted as having been paid, at such time as may be so specified;
(g)
for prohibiting or restricting the carrying on of trade or other activities, or the doing of any other thing, at a parking place;
(h)
for conferring on the local authority powers of illuminating parking places, and of erecting notices or signs and carrying out work on or in the vicinity of a parking place;
(i)
for regulating the grant, revocation and surrender of any permit such as is mentioned in section 45(2)(a) of this Act and the issue, use and surrender of tokens indicating the holding of such a permit, or the payment of any charge in connection with the issue or use of the permit;
(j)
for requiring a vehicle to which such a permit applies to display the permit or such a token when left in a parking place to which the permit applies, and for treating the display of or failure to display the permit or such a token on any vehicle left at a parking place as evidence (and, in Scotland, sufficient evidence) of such facts as may be provided by the order;
(k)
for the refund, in such circumstances and in such manner as may be prescribed by the order, of the amount of any charge paid in advance by virtue of section 45(2)(b) of this Act.
(3)
Where provision is made for the use of parking meters it shall be the duty of the local authority to take such steps as appear to them to be appropriate for the periodical inspection of the meters and for dealing with any found to be out of order; for securing the testing of the meters, both before they are brought into force and afterwards; and for recording the date on which, and the person by whom, a meter has been tested.
(4)
Where provision is made for the use of apparatus other than parking meters, subsection (3) above shall apply to such apparatus as it applies to a parking meter.
F253(5)
In this section and in section 47 below, “credit card” and “debit card” have the meanings given by section 35A(6) above.
F254(6)
In this section “civil enforcement area for parking contraventions” has the same meaning as in Part 6 of the Traffic Management Act 2004.
F25546A Variation of charges at designated parking places.
(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.
47 Offences relating to designated parking places.
(1)
A person who—
(a)
being the driver of a vehicle, leaves the vehicle in a designated parking place otherwise than as authorised by or under an order relating to the parking place, or leaves the vehicle in a designated parking place for longer after the excess charge has been incurred than the time so authorised, or fails duly to pay any charge payable under section 45 of this Act, or contravenes or fails to comply with any provision of an order relating to the parking place as to the manner in which vehicles shall stand in, or be driven into or out of, the parking place, or
(b)
whether being the driver of a vehicle or not, otherwise contravenes or fails to comply with any order relating to designated parking places,
shall, subject to section 48 of this Act, be guilty of an offence F256. . . .
(2)
In relation to an offence under paragraph (a) of subsection (1) above of leaving a vehicle for longer after the excess charge has been incurred than the time authorised by an order relating to the parking place, or failing duly to pay any charge payable under section 45 of this Act, the reference in that paragraph to the driver of a vehicle shall be construed as a reference to the person driving the vehicle at the time when it was left in the parking place.
(3)
A person who, with intent to defraud, interferes with a parking meter, or operates or attempts to operate a parking meter by the insertion of objects other than current coins F257or bank notes of the appropriate denomination, or the appropriate credit or debit cards, shall be guilty of an offence.
(4)
Where, in any proceedings in England or Wales for an offence under this section of failing to pay any charge, it is proved that the amount which has become due, or any part of that amount, has not been duly paid, the court shall order the payment of the sum not paid; and any sum ordered to be paid by virtue of this subsection shall be recoverable as a penalty.
F258(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
Where in any proceedings for an offence under this section of failing to pay an excess charge it is not proved that the excess charge had become due, but it is proved that an initial charge has not been paid, the defendant may be convicted of an offence under this section of failing to pay an initial charge.
F259(7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
48 Acceptance of payment as bar to proceedings under s. 47.
(1)
Where a parking meter relating to the space in which a vehicle is left in a designated parking place indicates that the period for which payment was made for the vehicle by an initial charge has expired, but the authority by whom the parking place is controlled are satisfied that the initial charge was not paid, acceptance by the authority of payment of the excess charge shall be a bar to proceedings for an offence under section 47(1)(a) of this Act of failing to pay the initial charge.
(2)
Where in the case of any vehicle—
(a)
an authorisation by way of such a certificate, other means of identification or device as is referred to in section 4(2), 4(3), 7(2) or 7(3) of this Act, or such a permit or token as is referred to in section 46(2)(i) of this Act, has been issued with respect to the vehicle, and
(b)
the authority by whom a designated parking place is controlled are satisfied that, in accordance with the terms on which the authorisation was issued, a charge has become payable and has not been paid in respect of any period for which the vehicle has been left in that parking place,
acceptance by that authority of payment of the amount of that charge shall be a bar to proceedings for an offence under section 47(1)(a) of this Act of failing duly to pay the charge.
49 Supplementary provisions as to designation orders and designated parking places.
(1)
Where under a designation order vehicles may not be left at all times in the designated parking place—
(a)
the parking place shall for the purposes of sections 46 and 47 of this Act be treated, as respects any time during which vehicles may not be left there in pursuance of the order, as if it were not designated by the order; and
(b)
any vehicle left in the parking place which remains there at the beginning of a period during which vehicles may be left there in pursuance of the order shall, for the purposes of those sections, be treated as if it had been left there at the beginning of that period, but without prejudice to any rights or liabilities in respect of anything done or omitted at any time before the beginning, or after the end, of that period.
(2)
Subject to subsection (3) below, a designation order may revoke the designation of any place as a parking place under section 6 or 32 of this Act; and such an order, or an order under either of those sections containing a designation of a place as a parking place, may provide that the designation shall not have effect as respects any time in respect of which provision is made under section 45 of this Act for the leaving of vehicles in that place.
F260(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)
Subject to Parts I to III of Schedule 9 to this Act, the authority by whom a parking place is designated under section 45 of this Act may by order empower the local authority, the chief officer of police or any other person specified by or under the order to provide for the moving, in case of emergency, of vehicles left in the parking place; to suspend the use of the parking place or any part of it on such occasions or in such circumstances as may be determined by or under the order; and to provide for the temporary removal of any parking meters installed at the parking place.
F261(4A)
A constable, or a person acting under the instructions (whether general or specific) of the chief officer of police, may suspend the use of a parking place designated under section 45 of this Act for not more than 7 days in order to prevent or mitigate congestion or obstruction of traffic, or danger to or from traffic, in consequence of extraordinary circumstances.
(5)
Any local authority may acquire, whether by purchase or by hiring, such parking meters and other apparatus as appear to the authority to be required or likely to be required for the purposes of their functions under sections 45 and 46 of this Act and subsections (1) to (4) above.
(6)
Anything authorised or required by the provisions of sections 45 and 46 of this Act and subsections (1) to (4) above to be prescribed or done by order may, except as otherwise expressly provided, be prescribed or done either by a designation order or by a general order.
F26250. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26351 Parking devices for designated parking places.
(1)
Any power of a local authority to make charges under section 45 of this Act for vehicles left in a designated parking place shall include power to require those charges, or any part of them, to be paid by means of the hire or purchase in advance, or the use, of parking devices in accordance with any relevant provision of an order under section 46 of this Act.
(2)
Any ower of a local authority to make orders under section 46(2) of this Act shall include power by any such order to make provision—
(a)
for regulating the issue, use and surrender of parking devices;
(b)
for requiring vehicles to display parking devices when left in any parking place in respect of which the parking devices may be used;
(c)
without prejudice to the generality of paragraph (b) above, for regulating the manner in which parking devices are to be displayed or operated;
(d)
for prescribing the use, and the manner of use, of apparatus, F264. . ., designed to be used in connection with parking devices;
(e)
for treating—
(i)
the indications given by a parking device; or
(ii)
the display or the failure to display a parking device on or in any vehicle left in any parking place,
as evidence F265(and, in Scotland, as sufficient evidence) of such facts as may be provided by the order;
(f)
for the refund, in such circumstances and in such manner as may be prescribed in the order, of the whole or part of the amount of any charge paid in advance in respect of a parking device;
(g)
for the payment of a deposit in respect of the issue of a parking device and for the repayment of the whole or part of any such deposit.
(3)
For the purposes of subsection (2) above—
(a)
the references to parking meters in section 46(2)(b) and (c) of this Act shall include references to the apparatus referred to in subsection (2)(d) above; and
(b)
the reference in section 46(2)(c) of this Act to the insertion in a parking meter of coins F266or banknotes additional to those inserted by way of payment of any charge F267or to the insertion or re-insertion in a parking meter of a credit or debit card additional to the original insertion of such a card shall include (so far as is appropriate) a reference to insertions or re-insertions in any such apparatus of parking devices additional to the original insertion of those devices.
(4)
F268In this section and in section 52 below “parking device” means either a card, disc, token, meter, permit, stamp or other similar device, whether used in a vehicle or not, F269. . ., which, being used either by itself, or in conjunction with any such apparatus as is referred to in subsection (2)(d) above, indicates, or causes to be indicated, the payment of a charge, and—
(a)
the period in respect of which it has been paid and the time of the beginning or end of the period; or
(b)
F271(c)
the period for which the vehicle in relation to which the parking device is used is permitted to park in the parking place, and the time of the beginning or end of the period; or
(d)
whether or not the period for which the vehicle in relation to which the parking device is used is permitted to park in the parking place or any further period has elapsed;
or any other device of any such description as may from time to time be prescribed for the purposes of this section and section 52 below by order made by the Secretary of State, F269. . ..
F272(4A)
An order under subsection (4) above which revokes or amends a previous order under that subsection may make such saving and transitional provision as appears to the Secretary of State to be necessary or expedient.
(4B)
The power to make orders under subsection (4) above is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F273(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F273(6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
52 Offences and proceedings in connection with parking devices and associated apparatus.
(1)
A person who, with intent to defraud,—
(a)
interferes with any apparatus referred to in section 51(2)(d) of this Act or with a parking device, or operates or attempts to operate any such apparatus or any parking device otherwise than in the manner prescribed, or
(b)
displays a parking device otherwise than in the manner prescribed,
shall be guilty of an offence.
F274(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
In section 48(1) of this Act the reference to a parking meter relating to the space in which a vehicle is left in a designated parking place shall include references to—
(a)
any such apparatus as is referred to in section 51(2)(d) of this Act which relates to the space in which a vehicle is so left, and
(b)
to a parking device used in respect of a vehicle left in a space in a designated parking place.
53 Designation orders outside Greater London.
(1)
A designation order made in respect of F275highways or, in Scotland, roads in any area outside Greater London may include such provisions—
(a)
for any of the purposes specified in paragraphs (a) to (c) of section 2(2) of this Act, or
(b)
for authorising the use without charge (subject to such, if any, conditions as may be specified in the order) of any part of a road as a parking place for vehicles, or for vehicles of such classes as may be specified in the order,
as the authority making the order may consider appropriate in connection with the designation order.
(2)
A designation order making provision for any of the purposes referred to in subsection (1)(a) above may vary or revoke any subsisting provision made for any of those purposes under section 1 of this Act.
(3)
A designation order making such provision as is mentioned in subsection (1)(b) above may include provision for the removal, from any place authorised by virtue of that paragraph to be used as a parking place, of any vehicle left there in contravention of the order, and for the safe custody of the vehicle.
(4)
Section 47 of this Act shall not apply to contraventions of, or failures to comply with, any provisions of a designation order having effect by virtue of subsection (1) above.
(5)
A person who uses a vehicle, or causes or permits a vehicle to be used, in contravention of any provision of a designation order having effect by virtue of subsection (1)(a) above shall be guilty of an offence.
(6)
In the event of a contravention of, or non-compliance with, a provision of a designation order having effect by virtue of subsection (1)(b) above, the person responsible (as determined in accordance with the order) shall be guilty of an offence.
F276(7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27754.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
55 Financial provisions relating to designation orders.
(1)
A local authority shall keep an account of their income and expenditure in respect of parking places F278 for which they are the local authority and which are—
(a)
in the case of F279Transport for London, the council of a London borough and the Common Council of the City of London, parking places on the highway; and
(b)
in the case of any other authority, designated parking places.
(2)
At the end of each financial year any deficit in the account shall be made good out of the F280general fundF281or, in Wales, council fund, and (subject to subsection (3) below) any surplus shall be applied for all or any of the purposes specified in subsection (4) below and, in so far as it is not so applied, shall be appropriated to the carrying out of some specific project falling within those purposes and carried forward until applied to carrying it out.
(3)
If the local authority so determine, any amount not applied in any financial year, instead of being or remaining so appropriated, may be carried forward in the account kept under subsection (1) above to the next financial year.
F282(3A)
F283Transport for London, The council of each London borough and the Common Council of the City of London shall, after each financial year, report to the F284Mayor of London on any action taken by them, pursuant to subsection (2) or (3) above, in respect of any deficit or surplus in their account for the year.
(3B)
The report under subsection (3A) above shall be made as soon after the end of the financial year to which it relates as is reasonably possible.
(4)
The purposes referred to in subsection (2) above are the following, that is to say—
(a)
(b)
meeting all or any part of the cost of the provision and maintenance by the local authority of F286off-street parking accommodation, whether in the open or under cover;
(c)
F288(d)
if it appears to the local authority that the provision in their area of further off-street parking accommodation is unnecessary or undesirable, the following purposes—
(i)
meeting costs incurred, whether by the local authority or by some other person, in the provision or operation of, or of facilities for, public passenger transport services,
(ii)
the purposes of a highway or road improvement project in the local authority's area,
(iii)
in the case of a London authority, meeting costs incurred by the authority in respect of the maintenance of roads maintained at the public expense by them,
(iv)
the purposes of environmental improvement in the local authority's area,
(v)
in the case of such local authorities as may be prescribed, any other purposes for which the authority may lawfully incur expenditure;
(e)
in the case of a London authority, meeting all or any part of the cost of the doing by the authority in their area of anything—
(i)
which facilitates the implementation of the London transport strategy, and
(ii)
which is for the time being specified in that strategy as a purpose for which a surplus may be applied by virtue of this paragraph;
(f)
in the case of a London authority, the making to any other London authority of contributions towards the cost of the doing by that other authority of anything towards the doing of which in its own area the authority making the contribution has power—
(i)
to apply any surplus on the account required to be kept under subsection (1) above; or
(ii)
to incur expenditure required to be brought into that account.
F289(4A)
For the purposes of subsection (4)(d)(ii)—
(a)
a highway improvement project means a project connected with the carrying out by the appropriate highway authority (whether the local authority or not) of any operation which constitutes the improvement (within the meaning of the Highways Act 1980) of a highway in the area of a local authority in England or Wales; and
(b)
a road improvement project means a project connected with the carrying out by the appropriate roads authority (whether the local authority or not) of any operation which constitutes the improvement (within the meaning of the Roads (Scotland) Act 1984) of a road in the area of a local authority in Scotland.
F290(4B)
For the purposes of subsection (4)(d)(iv) “environmental improvement” includes—
(a)
the reduction of environmental pollution (as defined in the Pollution Prevention and Control Act 1999 (c. 24); see section 1(2) and (3) of that Act);
(b)
improving or maintaining the appearance or amenity of—
(i)
a road or land in the vicinity of a road, or
(ii)
open land or water to which the general public has access; and
(c)
the provision of outdoor recreational facilities available to the general public without charge.
(4C)
Regulations for the purposes of subsection (4)(d)(v) above—
(a)
may prescribe all local authorities, particular authorities or particular descriptions of authority,
(b)
may make provision by reference to whether the authority or authorities in question have been classified for the purposes of any other enactment as falling or not falling within a particular category, and
(c)
may make provision for the continued application of that provision, in prescribed cases and to such extent as may be prescribed, where an authority that is prescribed or of a prescribed description ceases to be so.
F291(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F292(6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F293(7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F294(8)
For the purpose of enabling Transport for London and any other London authorities to discharge jointly any functions conferred by virtue of subsection (4)(f) above by a joint committee established under section 101(5) of the M11Local Government Act 1972, sections 101(5) and 102 of that Act shall have effect as if Transport for London were a local authority.
(9)
In the application of this section in relation to Transport for London, any reference to its general fund shall be taken as a reference to the financial reserves for which provision is made under section 85(4)(c) of the Greater London Authority Act 1999 in calculating Transport for London’s component budget for the financial year in question.
(10)
In this section—
“London authority” means Transport for London, a London borough council or the Common Council of the City of London;
“the London transport strategy” means the transport strategy prepared and published under section 142 of the Greater London Authority Act 1999.
55 Financial provisions relating to designation orders.
(1)
A local authority shall keep an account of their income and expenditure in respect of parking placesF278 for which they are the local authority and which are—.
(a)
in the case of F279in the case of the council of a London borough and the Common Council of the City of London, parking places on the highway; and
(b)
in the case of any other authority, designated parking places.
(2)
At the end of each financial year any deficit in the account shall be made good out of the F280general fundF281or, in Wales, council fund, and (subject to subsection (3) below) any surplus shall be applied for all or any of the purposes specified in subsection (4) below and, in so far as it is not so applied, shall be appropriated to the carrying out of some specific project falling within those purposes and carried forward until applied to carrying it out.
(3)
If the local authority so determine, any amount not applied in any financial year, instead of being or remaining so appropriated, may be carried forward in the account kept under subsection (1) above to the next financial year.
F282(3A)
F283Transport for London, The council of each London borough and the Common Council of the City of London shall, after each financial year, report to the F284Secretary of State on any action taken by them, pursuant to subsection (2) or (3) above, in respect of any deficit or surplus in their account for the year.
(3B)
The report under subsection (3A) above shall be made as soon after the end of the financial year to which it relates as is reasonably possible.
(4)
The purposes referred to in subsection (2) above are the following, that is to say—
(a)
(b)
meeting all or any part of the cost of the provision and maintenance by the local authority of F286off-street parking accommodation, whether in the open or under cover;
(c)
(d)
if it appears to the local authority that the provision in their area of further off-street parking accommodation is unnecessary or undesirable, the following purposes—
(i)
meeting costs incurred, whether by the local authority or by some other person, in the provision or operation of, or of facilities for, public passenger transport services, and
(ii)
the purposes of a highway or road improvement project in the local authority’s area.
(e)
in the case of a London authority, meeting all or any part of the cost of the doing by the authority in their area of anything—
(i)
which facilitates the implementation of the London transport strategy, and
(ii)
which is for the time being specified in that strategy as a purpose for which a surplus may be applied by virtue of this paragraph;
(f)
in the case of a London authority, the making to any other London authority of contributions towards the cost of the doing by that other authority of anything towards the doing of which in its own area the authority making the contribution has power—
(i)
to apply any surplus on the account required to be kept under subsection (1) above; or
(ii)
to incur expenditure required to be brought into that account.
F289(4A)
For the purposes of subsection (4)(d)(ii)—
(a)
a highway improvement project means a project connected with the carrying out by the appropriate highway authority (whether the local authority or not) of any operation which constitutes the improvement (within the meaning of the Highways Act 1980) of a highway in the area of a local authority in England or Wales; and
(b)
a road improvement project means a project connected with the carrying out by the appropriate roads authority (whether the local authority or not) of any operation which constitutes the improvement (within the meaning of the Roads (Scotland) Act 1984) of a road in the area of a local authority in Scotland.
F291(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F292(6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F293(7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F294(8)
For the purpose of enabling Transport for London and any other London authorities to discharge jointly any functions conferred by virtue of subsection (4)(f) above by a joint committee established under section 101(5) of the M11Local Government Act 1972, sections 101(5) and 102 of that Act shall have effect as if Transport for London were a local authority.
(9)
In the application of this section in relation to Transport for London, any reference to its general fund shall be taken as a reference to the financial reserves for which provision is made under section 85(4)(c) of the Greater London Authority Act 1999 in calculating Transport for London’s component budget for the financial year in question.
(10)
In this section—
“London authority” means Transport for London, a London borough council or the Common Council of the City of London;
“the London transport strategy” means the transport strategy prepared and published under section 142 of the Greater London Authority Act 1999.
56 Grants where parking place designated by Secretary of State.
Where by virtue of paragraph 3 of Schedule 9 to this Act a parking place has been designated under section 45 of this Act by the Secretary of State—
(a)
he may make grants out of moneys provided by Parliament towards the cost of the provision and maintenance of off-street parking places whether in the open or under cover, or for any purpose such as is mentioned in section 55(4)(d)(i) or (ii) of this Act; but
(b)
in exercising his powers under this section he shall use his best endeavours to secure that the aggregate of the amounts paid by him by way of grants does not exceed the difference between—
(i)
the aggregate of the sums received by him by way of charges made by him for vehicles left in parking places designated by him under section 45 of this Act; and
(ii)
the aggregate of the expenses incurred by him in the provision, operation and maintenance of the parking places in respect of which those charges are made.
Provision of parking places by parish or community councils
57 General powers of parish or community councils for provision of parking places.
(1)
Where for the purposes of relieving or preventing congestion of traffic or preserving local amenities it appears to the council of a parish in England or a community in Wales to be necessary to do so, the council, subject to sections 58 and 59 of this Act, may—
(a)
provide within their area and maintain suitable parking places for bicycles and motor cycles, or
(b)
provide within their area and maintain suitable parking places, otherwise than on roads, for vehicles of other descriptions or for vehicles generally.
(2)
For the purpose of providing and maintaining any such parking place, or for the purpose of providing means of entrance to and egress from any parking place provided under this section, a parish or community council may—
(a)
utilise and adapt any land purchased by the council for the purpose or appropriated for the purpose under subsection (3) below, or
(b)
in the case of a parking place provided under subsection (1)(a) above, but subject to the provisions of section 58 of this Act, adapt, and by order authorise the use of, any part of a road in the parish or community;
and any power under subsection (1) above to provide and maintain parking places shall include power to provide and maintain structures for use as parking places.
(3)
Notwithstanding anything in any other enactment, but subject to subsection (4) below, a parish or community council may appropriate for the purpose of providing a parking place under this section—
(a)
any part of a recreation ground provided by the council under section 8 of the M12Local Government Act 1894;
(b)
any part of an open space controlled or maintained by the council under the M13Open Spaces Act 1906, other than a part which has been consecrated as a burial ground or in which burials have taken place;
(c)
any part of any land provided by the council as a playing field or for any other purpose and held by that council for the purposes of section 19 of the M14Local Government (Miscellaneous Provisions) Act 1976 (recreational facilities).
(4)
Any part of a recreation ground, open space or other land appropriated under subsection (3) above shall not exceed one-eighth of its total area or 800 square feet, whichever is the less.
(5)
No order under subsection (1) above shall authorise the use of any part of a road as a parking place so as unreasonably to prevent access to any premises adjoining the road, or the use of the road by any person entitled to use it, or so as to be a nuisance.
(6)
A parish or community council may employ, with or without remuneration, such persons as may be necessary for the superintendence of parking places provided by the council under this section.
(7)
A parish or community council may make byelaws (subject to confirmation by the Secretary of StateF295, in the case of byelaws made by a parish council) as to the use of parking places provided under subsection (1)(a) above, and in particular as to the conditions upon which any such parking place may be used and as to the charges to be paid to the council in connection with the use of any such parking place, not being part of a road; and a copy of any byelaws made under this subsection shall be exhibited on or near every parking place to which they relate.
(8)
A parish or community council may let for use as a parking place any parking place provided by them (not being a part of a road) under this section; but, without prejudice to any power of a parish or community council under any other enactment to let a playing field or other land of which a parking place forms part, no single letting under this subsection shall be for a longer period than 7 days.
(9)
The exercise by a parish or community council of their powers under this section with respect to the use as a parking place of any part of a road shall not render them subject to any liability in respect of loss of or damage to any vehicle or the fittings or contents of any vehicle parked in such a parking place.
58 Consents for purposes of s. 57(1).
(1)
A parish or community council shall not have power by virtue of section 57(1) of this Act to provide a parking place—
(a)
in a position obstructing or interfering with any existing access to any land or premises not forming part of a road, except with the consent of the owner and the occupier of the land or premises, or
(b)
(c)
in any such situation or position as is described in the first column of the following Table, except with the consent of the persons described in relation to it in the second column of that Table.
(i) In a trunk road or any other road maintained by the Secretary of State F298or a strategic highways company or on land abutting on any such road. | The Secretary of State F299or the strategic highways company, whichever is the traffic authority for the road . |
(ii) In a road which is a highway (other than a trunk road or a road maintained as mentioned in sub-paragraph (i) above or a public path) or on land abutting on any such road. | The county council F300or metropolitan district council. |
(iii) In a road which is a highway belonging to and repairable by the persons carrying on any railway, dock, harbour, canal, inland navigation or passenger road transport undertaking and forming the approach to any station, dock, wharf or depot of theirs. | The persons carrying on the undertaking concerned. |
(iv) On a bridge carrying a highway over a railway, dock, harbour, canal or inland navigation, or on the approaches to any such bridge, or under a bridge carrying a railway, canal or inland navigation over a highway. | The persons carrying on the railway, dock, harbour, canal or inland navigation undertaking concerned. |
(2)
Any consent required by subsection (1)(c) above shall not be unreasonably withheld, but may be given subject to any reasonable conditions, including a condition that the parish or community council shall remove any thing to the provision of which the consent relates, either at any time or at or after the expiry of a period, if reasonably required to do so by the person giving the consent.
(3)
Any dispute between a parish or community council and a person whose consent is required under subsection (1)(c) above, on the question whether that consent is unreasonably withheld or is given subject to reasonable conditions, or whether the removal of any thing to the provision of which the consent relates in accordance with any condition of the consent is reasonably required, it shall—
(a)
in the case of a dispute between the parish or community council and the Secretary of State, be referred to and determined by an arbitrator to be appointed, in default of agreement, by the President of the Institution of Civil Engineers; and
(b)
in any other case, be referred to and determined by the Secretary of State, who may cause a public inquiry to be held for the purpose.
(4)
Section 6 of the M15Local Government (Miscellaneous Provisions) Act 1953 (which makes provision as to access to telegraphic lines, sewers, pipe-subways, pipes, wires, and other apparatus) shall apply in relation to a parking place (including a structure for use as a parking place) provided by a parish or community council under section 57(1) of this Act, and to the council by whom the parking place is so provided, as it applies in relation to a shelter or other accommodation provided, and to the local authority by whom it is provided, under section 4 of that Act.
(5)
In this section, and in section 6 of that Act, as they apply in relation to a parking place provided under section 57(1)(a) of this Act which forms part of a road, references to removal shall be construed as including references to the suspension or revocation of the order authorising the use of that part of the road as a parking place.
59 Consents for, and provisions as to use of, parking places under s. 57(1)(b).
(1)
A parish or community council shall not exercise their powers under section 57(1)(b) of this Act without the consent of the council of the county F301or metropolitan district in which the parish or community is situated; and any consent given by the county council F301or metropolitan district council may be subject to such conditions or restrictions as they think fit.
(2)
A parish or community council proposing to exercise their powers under section 57(1)(b) of this Act shall—
(a)
(b)
and F306, in that case, the county council, in considering whether or not to give their consent, or to make their consent subject to any conditions or restrictions, shall have regard to any representations made to them by that district council.
F307(2A)
In subsection (2) above, paragraph (b) and the words which follow it do not apply in relation to Wales.
(3)
Subject to subsections (4) to (6) below, section 35 of this Act shall apply in relation to a parking place provided under section 57(1)(b) of this Act as if—
(a)
the parish or community council were a local authority for the purposes of sections 32 and 35 of this Act, and
(b)
the parking place were provided by the parish or community council under section 32 of this Act.
(4)
A parish or community council shall not, by virtue of subsection (3) above, make an order under section 35(1) of this Act without the consent of the county council F308or metropolitan district council; and any consent given by the county council F308or metropolitan district council may be subject to such conditions or restrictions as they think fit.
(5)
Where, by virtue of subsection (3) above, a parish or community council proposes to make an order under section 35(1) of this Act, the council shall submit a draft of the order to the county council F309or metropolitan district council who (without prejudice to their power to give or withhold consent to the making of the order) may require such modifications of the terms of the proposed order as they think appropriate.
(6)
The powers of a county council F310or metropolitan district council under section 35 of this Act shall apply in relation to a parking place provided by a parish or community council under section 57(1)(b) of this Act as they apply in relation to a parking place provided by a county council F310or metropolitan district council; and the power to vary or revoke an order made by a parish or community council under section 35(1) of this Act shall be exercisable by the county council F310or metropolitan district council as well as by the parish or community council.
(7)
If, by virtue of subsection (6) above, a county council F311or metropolitan district council proposes to make an order under section 35(1) of this Act in relation to a parking place provided by a parish or community council, they shall send a copy of the proposed order to the parish or community council.
60 Supplementary provisions relating to ss. 57–59.
(1)
A parish or community council may contribute towards—
(a)
the reasonable expenses incurred by any person in doing anything which by virtue of section 57 of this Act that council has power to do, and
(b)
the expenses incurred by any other parish or community council in exercising their powers under that section.
(2)
Without prejudice to any other power of combination, a parish or community council may by agreement combine with any other parish or community council for the purpose of exercising their powers under section 57 of this Act.
(3)
Where before 17th July 1957 a parish council has provided anything which could be provided by a parish council under section 57 of this Act, or where any other person has at any time provided anything which could be provided by a parish council under that section, the parish or community council shall have the like power to maintain that thing as if it had been provided by them under that section.
(4)
In sections 57 to 59 of this Act and in subsections (1) and (2) above, except in so far as the context otherwise requires,—
“in”, in a context referring to things in a road, includes a reference to things under, over, across, along or upon the road;
“owner” has the meaning assigned to it by section 343 of the M16Public Health Act 1936;
“parish” or “community”, in relation to a common parish council or common community council acting for two or more grouped parishes or communities, means those parishes or communities;
“public path” has the meaning assigned to it by section 27 of the National Parks and Access to the M17Countryside Act 1949; and
“road” means a highway (including a public path) and any other road, lane, footway, square, court, alley or passage (whether a thoroughfare or not) to which the public has access, but does not include a road provided or to be provided in pursuance of a scheme made, or having effect as if made, under section 16 of the M18Highways Act 1980 (which relates to special roads).
Special parking provisions
61 Loading areas.
(1)
If it appears to F312the council of a county, metropolitan district or London borough or the Common Council of the City of London that any land in their area which is not part of a highway has been set apart by the occupier of the land for use as a place where vehicles may be driven and parked for the purpose of being loaded or unloaded in connection with a trade or business carried on on or in the vicinity of the land, the council may, subject to Part III of Schedule 9 to this Act, by an order made with the consent of the owner and the occupier of the land—
(a)
designate the land as an area to which the following provisions of this section apply (in this section referred to as a “loading area”), and
(b)
specify the trade or business in question.
(2)
A council which has made an order in pursuance of subsection (1) above—
(a)
may vary the order by a subsequent order made with the consent of the owner and the occupier of the land to which the order relates;
(b)
may revoke the order by a subsequent order made with the consent of the owner and the occupier of the loading area in question; and
(c)
shall revoke the order by a subsequent order if requested in writing to do so by the owner and the occupier of the loading area in question.
(3)
An order in pursuance of subsection (1) or (2)(a) above may contain provisions prohibiting the parking, in the loading area to which the order relates, of vehicles of such kinds as are specified in the order, except authorised vehicles, at all times or at times so specified, and may make different provision in pursuance of the preceding provisions of this subsection for different parts of the area; and in this subsection “authorised vehicle”, in relation to a loading area, means a goods vehicle (as defined by F313section 192(1) of the Road Traffic Act 1988) which is in the area for the purpose of being loaded or unloaded in connection with the trade or business specified in the order designating the area.
(4)
Where an order has been made by a council in pursuance of subsection (1) above and, by virtue of paragraph 22(1)(e) of Schedule 9 to this Act, traffic signs are required to be placed on the loading area to which the order relates, a person authorised in that behalf by the council may enter on the loading area for the purpose of placing any such traffic signs and for the purpose of maintaining or removing the signs.
(5)
A person who, without reasonable excuse, causes a vehicle to be in any part of a loading area at a time when the parking of it there is prohibited by an order made in pursuance of subsection (1) above shall be guilty of an offence.
(6)
References in subsections (2) to (5) above to an order made in pursuance of subsection (1) above include, in the case of such an order which has been varied in pursuance of subsection (2)(a) of this section, references to the order as so varied.
(7)
Subsections (3) to (5) of section 44 of the M19Local Government (Miscellaneous Provisions) Act 1976 (which contain ancillary provisions for the purposes of Part I of that Act) shall have effect as if this section were included in that Part of that Act.
(8)
In this section “owner”, in relation to any land, means a person who, either on his own account or as agent or trustee for another person, is receiving the rackrent of the land or would be entitled to receive it if the land were let at a rackrent; and any reference to a traffic sign, in relation to any land which is not a road, includes a reference to any object, device, line or mark which would be a traffic sign (as defined by section 64 of this Act) if the land were a road.
62 Parking in Royal Parks.
Regulations under section 2 of the M20Parks Regulation (Amendment) Act 1926 may make provision for imposing and recovering charges for the leaving of vehicles, or vehicles of any class, in any park to which that Act applies; and regulations made by virtue of this section may make, as respects charges and penalties recoverable under the regulations, provision corresponding to the provisions of section 47(4) of this Act.
63 Stands and racks for bicycles.
The powers of any authority under this Act to provide parking places shall extend to providing, in roads or elsewhere, stands F314or racks for, or devices for securing, bicycles or motor cycles.
F315Parking attendants
F31663A Parking attendants.
(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.
F317(4)
Parking attendants in an area that is a civil enforcement area for parking contraventions—
(a)
when exercising prescribed functions must wear such uniform as may be determined by the enforcement authority in accordance with guidance issued by the appropriate national authority, and
(b)
must not exercise any of those functions when not in uniform.
Expressions used in this subsection that are defined for the purposes of Part 6 of the Traffic Management Act 2004 have the same meaning as in that Part.
(5)
In this section “local authority” and “parking place” have the meanings given by section 32(4) of this Act F318except that Transport for London shall also be a local authority.
F319(6)
For the purposes of this section, the area of Transport for London is Greater London.
Part V Traffic Signs
General provisions
64General provisions as to traffic signs.
(1)
In this Act “traffic sign” means any object or device (whether fixed or portable) for conveying, to traffic on roads or any specified class of traffic, warnings, information, requirements, restrictions or prohibitions of any description—
(a)
specified by regulations made by the F320national authority , or
(b)
authorised by the F321national authority ,
and any line or mark on a road for so conveying such warnings, information, requirements, restrictions or prohibitions.
(2)
Traffic signs shall be of the size, colour and type prescribed by regulations made as mentioned in subsection (1)(a) above except where the F322national authority authorises the erection or retention of a sign of another character; and for the purposes of this subsection illumination, whether by lighting or by the use of reflectors or reflecting material, or the absence of such illumination, shall be part of the type or character of a sign.
F323(2A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F323(2B)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F323(2C)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
Regulations under this section may be made so as to apply either generally or in such circumstances only as may be specified in the regulations.
(4)
Except as provided by this Act, no traffic sign shall be placed on or near a road except—
(a)
a notice in respect of the use of a bridge;
(b)
a traffic sign placed, in pursuance of powers conferred by a special Act of Parliament or order having the force of an Act, by the owners or operators of a tramway, light railway or trolley vehicle undertaking, a dock undertaking or a harbour undertaking; or
(5)
Regulations under this section, or any authorisation under subsection (2) above, may provide that F325section 36 of the Road Traffic Act 1988 (drivers to comply with traffic directions) shall apply to signs of a type specified in that behalf by the regulations or, as the case may be, to the sign to which the authorisation relates.
(6)
References in any enactment (including any enactment contained in this Act) to the erection or placing of traffic signs shall include references to the display of traffic signs in any manner, whether or not involving fixing or placing.
F326(7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F326(8)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
65 Powers and duties of F327traffic authorities as to placing of traffic signs.
F328(1)
F331(1A)
The power to give general directions under subsection (1) above includes power to require equipment used in connection with traffic signs to be of a type approved in accordance with the directions.
F332(2)
The F333national authority may give directions to F334a strategic highways company or a local traffic authority—
(a)
for the placing of a traffic sign of any prescribed type or authorised character specified in the directions, or
(b)
for replacing a sign so specified by, or converting it into, a sign of another prescribed type or authorised character so specified.
(3)
The power F335of the Secretary of State to give general directions under subsection (1) above shall be exercisable by statutory instrument.
F336(3ZA)
The power of the Scottish Ministers to give general directions under subsection (1) is to be exercisable by Scottish statutory instrument.
(3ZB)
Before giving a general direction under subsection (1) the Secretary of State must consult with the Scottish Ministers.
(3ZC)
Before giving a general direction under subsection (1) the Scottish Ministers must consult with the Secretary of State.
F337(3A)
No charge may be made—
(a)
in England and Wales, by a highway authority which is the council of a county, metropolitan district or London borough or the Common Council of the City of London, or
(b)
in Scotland, by a local roads authority,
with respect to the exercise of their power under subsection (1) above to permit a traffic sign to be placed on or near any road in their area if—
(i)
the sign conveys information of a temporary nature or is otherwise intended to be placed only temporarily; and
(4)
In this section—
“authorised character” means a character authorised by the F340national authority ; and
“prescribed type” means a type prescribed by regulations made under section 64(1)(a) of this Act.
66 Traffic signs for giving effect to local traffic regulations.
(1)
A constable, or a person acting under the instructions (whether general or specific) of the chief officer of police, may place on a F341road, or on any structure on a F341road, traffic signs (of any size, colour and type prescribed or authorised under section 64 of this Act) indicating prohibitions, restrictions or requirements relating to vehicular traffic, as may be requisite—
(a)
for giving effect to regulations, orders or directions under any enactment mentioned in subsection (2) below, or
(b)
for giving effect to directions given under F342section 31(4) of the Road Traffic Act 1988 (which enables directions to be given in consequence of the holding of an authorised race or trial of speed).
(2)
The enactments referred to in subsection (1) above are—
(a)
section 52 of the M21Metropolitan Police Act 1839 (which relates to prevention of obstruction on public occasions or in the neighbourhood of public buildings in the metropolitan police district);
(b)
section 22 of the M22local Act of the second and third year of the reign of Queen Victoria, chapter 94 (which makes similar provision in relation to the City of London);
(c)
section 21 of the M23Town Police Clauses Act 1847 (which likewise makes similar provision for areas to which that Act is applied); and
(d)
section F34362 of the M24Roads (Scotland) Act 1984 and any corresponding provision contained in a local Act relating to any part of Scotland.
(3)
In this section “prescribed” means prescribed by regulations under section 64(1)(a) of this Act.
67 Emergencies and temporary obstructions.
(1)
A constable, or a person acting under the instructions (whether general or specific) of the chief officer of police, may place on a F344road, or on any structure on a F344road, traffic signs (of any size, colour and type prescribed or authorised under section 64 of this Act), indicating prohibitions, restrictions or requirements relating to vehicular traffic, as may be necessary or expedient to prevent or mitigate congestion or obstruction of traffic, or danger to or from traffic, in consequence of extraordinary circumstances; and the power to place signs conferred by this subsection shall include power to maintain a sign for a period of 7 days or less from the time when it was placed, but no longer.
F345(1A)
In subsection (1)—
(a)
“extraordinary circumstances” includes terrorism or the prospect of terrorism within the meaning of section 1 of the Terrorism Act 2000 (c. 11), and
(b)
the reference to 7 days shall, in the application of the subsection in connection with terrorism or the prospect of terrorism, be taken as a reference to 28 days;
but this subsection does not apply to a power under subsection (1) in so far as exercisable by a traffic officer by virtue of section 7 of the Traffic Management Act 2004 (c. 18).
(2)
F346Section 36 of the Road Traffic Act 1988 (drivers to comply with traffic directions) shall apply to signs placed in the exercise of the powers conferred by subsection (1) above.
(3)
Regulations under section 64 of this Act prescribing any type of object or device for warning traffic of a temporary obstruction may include provisions for authorising (subject to such conditions as may be specified in the regulations) persons not otherwise authorised to do so to place an object or device of that type on or near roads, or on or near any description of road so specified, in such circumstances and for such periods as may be so specified.
68 Placing of traffic signs in connection with exercise of other powers.
(1)
This section applies to any authority having power to make—
(a)
(b)
an order as respects a road outside Greater London under section 9 of this Act, or
(c)
an order to which this paragraph applies by virtue of any provision of Part VI of this Act.
(2)
Without prejudice to any powers conferred by or under any other provision of this Act, but subject to subsection (3) below, an authority to whom this section applies may place and maintain, or cause to be placed and maintained, such traffic signs, of any type prescribed or character authorised under section 64 of this Act, as the authority may consider necessary in connection with any order made by the authority as respects any road and falling within any of paragraphs (a) to (c) of subsection (1) above F349or, in the case of a traffic authority having power to make an order under section 14 of this Act, as the authority may consider necessary in connection with any order made or notice issued by them under that section; but, if the order is made F350or, as the case may be, the notice is issuedby an authority other than the F351traffic authority for the road, the authority by whom the order is made F350or, as the case may be, the notice is issued—
(a)
shall consult with the traffic authority as to the placing of the signs, and
(3)
The power conferred by subsection (2) above on an authority to whom this section applies shall be exercisable subject to and in conformity with any general directions given under section 65(1) of this Act, whether that authority is a F351traffic authority or not; and any other power conferred by section 65 to give directions to a F351traffic authority shall include power to give the like directions to an authority to whom this section applies.
69 General provisions as to removal of signs.
(1)
(2)
If a person fails to comply with such a notice, the F354traffic authority may themselves effect the removal, doing as little damage as may be; and the expenses incurred by them in doing so shall be recoverable by them from the person in default, and, in England or Wales, shall be so recoverable summarily as a civil debt.
(3)
70 Default powers of Secretary of State as to traffic signs.
(1)
If F359a strategic highways company, a F360local traffic authority or an authority to whom section 68 of this Act applies fail to comply with any direction given under section 65(2) or section 69 of this Act, the F361national authority may F362... carry out the work required by the direction; and the expenses incurred F363... in doing so shall be recoverable by F364the national authority from F365the company or the authority F366that failed to comply with the direction , and, in England or Wales, shall be so recoverable summarily as a civil debt.
(2)
Any such direction—
(a)
if relating to a road in England or Wales, shall be enforceable on the application of the Secretary of State by an order of mandamus; or
(b)
if relating to a road in Scotland, shall be enforceable by order of the Court of Session on an application by the Lord Advocate under section 91 of the M25Court of Session Act 1868.
F367(3)
In England, where subsection (1) applies in respect of non-compliance with a direction by a traffic authority other than a strategic highways company—
(a)
a strategic highways company may carry out the work required by the direction with the consent of the Secretary of State, and
(b)
the expenses incurred by the company in doing so are recoverable by the company from the authority summarily as a civil debt.
71 Power to enter land in connection with traffic signs.
(1)
A F368strategic highways company, a F369local traffic authority or an authority to whom section 68 of this Act applies or the F370national authority may enter any land and exercise such other powers as may be necessary for the purpose of the exercise and performance of their powers and duties of placing, replacing, converting and removing traffic signs or their powers and duties under section 69 of this Act.
(2)
In this section “traffic signs” includes signposts for footpaths (within the meaning of the M26Highways Act 1980) and bridleways, and “signposts” includes other signs or notices for the same purpose.
(3)
Subsection (2) above does not extend to Scotland.
72 Powers exercisable by parish or community councils.
(1)
A parish or community council may, with the permission of the highway authority and subject to any conditions imposed by that authority, provide on or near any road, other than a footpath or bridleway, or may contribute, either wholly or in part, towards the cost of providing on or near any such road, traffic signs indicating—
(a)
a stopping place for public service vehicles;
(b)
a warning of the existence of any danger; or
(c)
the name of the parish or community or of any place in it.
(2)
A parish or community council may provide, or may contribute, either wholly or in part, towards the cost of providing, on or near any footpath or bridleway, any object or device (not being a traffic sign) for conveying to users of that footpath or bridleway a warning of the existence of danger.
(3)
No traffic sign, object or device provided by a parish or community council in pursuance of this section shall be placed on any land (not being a road or part of a road) without the consent of the owner and occupier of the land.
(4)
Nothing in this section shall prejudice the exercise by the highway authority or the Secretary of State of their powers under section 69 of this Act; but where any such object or device as is mentioned in subsection (1) of that section is an object or device—
(a)
provided by a parish or community council in pursuance of this section, and
(b)
so provided on land which the council neither own nor occupy,
the powers conferred on the highway authority by that subsection shall be exercisable in relation to the council and not in relation to the owner or occupier of the land.
(5)
For the purpose of complying with a notice under section 69(1) of this Act which, by virtue of subsection (4) above, requires a parish or community council to remove an object or device, the council may enter any land and exercise such other powers as may be necessary for that purpose.
(6)
A parish or community council may warn the public of any danger in or apprehended in their area, subject, however, in the case of a warning given by providing any traffic sign, object or device, to the provisions of subsections (1) and (3) above.
(7)
This section does not extend to Scotland.
Provisions as to Greater London
73F371Powers and duties of local traffic authorities in Greater London in respect of traffic signs.
F372(1)
In connection with any order under section 6 or 9 of this Act made or proposed by them, F373Transport for London, the council of a London borough and the Common Council of the City of London may, as respects any road F374. . . F375for which they are the traffic authority affix any traffic sign to any lamp-post or other structure in the highway, whether or not belonging to F376Transport for London or the council.
F377(1A)
In connection with any GLA road, Transport for London may—
(a)
exercise, as respects any road in Greater London which is neither a trunk road nor a GLA road, any powers exercisable by the traffic authority for that road in connection with the placing of traffic signs on or near that road in pursuance of section 65 of this Act; and
(b)
affix any such sign to any lamp-post or other structure in the highway, whether or not belonging to Transport for London.
F377(1B)
The power conferred by subsection (1A) above shall be exercisable—
(a)
in connection with any order under section 6 or 9 of this Act made or proposed to be made by Transport for London; or
(b)
in any other circumstances.
F377(1C)
Before exercising the power conferred by subsection (1A) above, Transport for London shall consult the traffic authority for the road on or near which Transport for London proposes to place the traffic sign.
(2)
As respects any traffic sign lawfully in place in F378F379Greater Londonwhich is required in connection with an order under section 6 or 9 of this Act, it shall be the duty of F380the appropriate traffic authority—
(a)
to take such steps to maintain, and to make such alteration of, that sign as may be necessary or expedient in connection with any relevant order, and
(b)
to remove the sign if it ceases to be required in connection with any order under section 6 or 9 of this Act.
In paragraph (a) above “relevant order”, in relation to a traffic sign, means an order under section 6 or 9 of this Act in connection with which the traffic sign is required.
F381(2A)
For the purposes of subsection (2) above, “the appropriate traffic authority”, in the case of any traffic sign, is the authority which is the traffic authority for the road as respects which the order under section 6 or 9 of this Act is made in connection with which the traffic sign is required.
F382(3)—(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F383(6)
The powers of Transport for London exercisable under subsection (1A) above by virtue of subsection (1B)(b) above shall extend to the removal or repositioning of any traffic sign on or near the road in question, whether placed by Transport for London or not.
F383(7)
On the removal or repositioning by Transport for London of any such traffic sign placed by another authority, the traffic sign shall vest in Transport for London.
F383(8)
Except—
(a)
with the consent of Transport for London, or
(b)
in pursuance of a direction under section 65(2) of this Act,
the traffic authority for a road shall not remove, alter or in any way interfere with any traffic sign placed or repositioned on or near the road by Transport for London by virtue of subsection (1B)(b) above.
74 Affixing of traffic signs to walls.
(1)
For the purpose of placing traffic signs on or near any road in F384their area in pursuance of section 65, 68 or 73 of this Act, F385. . . F386Transport for London and the council of a London borough F385. . . shall F387each(subject to subsections (2) to (7) below) have power to affix a traffic sign to any external wall of a building having a frontage to, or constructed over, any such road.
F388(1A)
Subsections (2) to (7) below shall apply in relation to Transport for London as they apply in relation to a London borough council.
F389(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
Subject to subsection (4) below, a council shall not affix a traffic sign to the external wall of a building under this section without the consent of the owner of the building.
(4)
Where in the opinion of F390. . . the council of a London borough F390. . . any consent required under subsection (3) above is unreasonably withheld, they may apply to the appropriate authority, who may either allow the affixing of the traffic sign subject to such conditions, if any, as to rent or otherwise as the appropriate authority think fit, or disallow the affixing of the traffic sign.
(5)
Where any traffic sign has been affixed by a council to a building under this section—
(a)
the council shall have the right, as against any person having an interest in the building, to alter or remove it, or to repair or maintain it, but
(b)
the owner of the building may give to the council not less than 14 days’ notice requiring them at their own expense temporarily to remove the sign where necessary during any reconstruction or repair of the building.
(6)
If any person suffers damage by or in consequence of the affixing of a traffic sign by a council, or by or in consequence of the exercise by a council of the rights conferred by subsection (5)(a) above, he shall be entitled to be paid by the council such compensation as may be agreed with the council or, in default of agreement, determined by arbitration.
(7)
Subsection (1) above shall have effect subject to section 2 of the M27Ancient Monuments and Archaeological Areas Act 1979 (under which scheduled monument consent is required for the execution of certain works affecting scheduled monuments).
(8)
Nothing in this section shall derogate from the powers of F391Transport for London or. . . the council of a London borough to enter on land for the placing of traffic signs in pursuance of section 71 of this Act or to carry out work for the improvement of a highway in pursuance of section 62 of the M28Highways Act 1980 (general power of improvement).
(9)
In this section—
“appropriate authority” means a magistrates’ court, except that, in relation to buildings of any description specified in the first column of Schedule 5 to this Act, it means the F392minister specified in relation to that description in the second column of that Schedule;
“building” includes a structure and a bridge or aqueduct over a street;
“owner”—
(a)
in relation to a building occupied under a tenancy for a term of years of which five years or more remain unexpired, means the occupier of the building, and
(b)
in relation to any other building, means the person for the time being receiving the rackrent of the building, whether on his own account or as agent or trustee for any other person, or who would so receive it if the building were let at a rackrent; and
“traffic sign” includes any apparatus required for the illumination of a traffic sign which forms part of the sign.
F39374A London borough councils and the London traffic control system.
(1)
If a London borough council requests Transport for London to provide any new traffic light installations for a road in Greater London which is neither a GLA road nor a trunk road, Transport for London shall approve and carry out the work unless it considers that there are reasonable grounds for refusing to do so.
(2)
If Transport for London and a London borough council so agree, Transport for London may make a scheme transferring to the council—
(a)
any part of the London traffic control system, and
(b)
the power to maintain and operate that part of the system.
(3)
The council for a London borough may, with the approval of Transport for London, buy, own, maintain and operate new traffic light installations for any road in the borough other than a trunk road.
(4)
Where the powers conferred by subsection (2) or (3) above are exercised, the London borough council concerned shall, as respects the traffic signs comprised in—
(a)
the part of the London traffic control system transferred by the scheme under subsection (2) above, or
(b)
the traffic light installations referred to in subsection (3) above,
be treated (to the exclusion of Transport for London) as the traffic authority for all roads in Greater London (other than trunk roads) on or near which those traffic signs are placed.
(5)
Any exercise of the powers conferred by subsections (1) to (3) above is subject to the agreement of financial arrangements between Transport for London and the council concerned.
(6)
Before Transport for London—
(a)
changes the operating cycle, or the timing of the operating cycle, of any traffic light installations provided on a road in Greater London which is neither a GLA road nor a trunk road, or
(b)
provides new traffic light installations for such a road,
Transport for London shall consult the council of the London borough in which the installations are or are to be provided.
(7)
In this section—
“the London traffic control system” means the traffic control system which Transport for London has power to operate by virtue of the functions transferred to it—
(a)
by section 275 of the Greater London Authority Act 1999; or
(b)
by a scheme under subsection (1) or (3) of section 74B of this Act transferring functions of the Secretary of State to Transport for London;
“traffic control system” means a system for controlling the movement of vehicular traffic or of pedestrians by means of traffic light installations;
“traffic light installations” means—
(a)
traffic signs which are light signals for controlling the movement of vehicular traffic or of pedestrians; or
(b)
any installations or apparatus used in connection with the operation of any such traffic signs.
(8)
For the purposes of this section—
(a)
the City of London shall be treated as if it were a London borough;
(b)
the Common Council shall be treated as if it were the council for a London borough; and
(c)
the Inner Temple and the Middle Temple shall be treated as forming part of the City.
F39474B Transfer of traffic control systems between Secretary of State F395or a strategic highways company and Transport for London.
(1)
If the Secretary of State F396or a strategic highways company and Transport for London so agree, the Secretary of State F397or the company may make a scheme transferring to Transport for London—
(a)
the traffic control system for a trunk road in Greater London; and
(b)
the power to maintain and operate that system.
(2)
If Transport for London and the Secretary of State F396 or a strategic highways company so agree, Transport for London may make a scheme transferring to the Secretary of State F397or the company—
(a)
the London traffic control system; and
(b)
the power to maintain and operate that system.
(3)
If, in a case where a traffic control system has been transferred under this section, the transferee and the transferor so agree, the transferee may make a scheme transferring back to the transferor the system and the power to maintain and operate it.
(4)
A scheme under subsection (1), (2) or (3) above may make provision for the transferee to be treated (to the exclusion of the transferor), as respects the traffic signs comprised in the traffic control system transferred, as the traffic authority for specified roads in Greater London on or near which those traffic signs are placed.
(5)
Any exercise of the powers conferred by subsections (1) to (3) above is subject to the agreement of financial arrangements between the Secretary of State F398or the strategic highways company and Transport for London.
(6)
Any reference in this section to a traffic control system includes a reference to part of a traffic control system.
(7)
Expressions used in this section and in section 74A above have the same meaning in this section as they have in that section.
F39974C The traffic authority for traffic signs.
(1)
This section has effect for the purposes of sections 65, 73, 74, 74A, 74B and 75 of this Act.
(2)
In the application of those provisions to traffic signs in Greater London which are light signals for controlling the movement of vehicular traffic or of pedestrians, Transport for London shall at all times be deemed to be the traffic authority for all roads in Greater London other than trunk roads.
(3)
Without prejudice to the powers of the traffic authority for the road in question, Transport for London shall also be deemed to be the traffic authority for any road in Greater London for which they are not in fact the traffic authority for the purposes of the exercise by them as respects that road under section 73(1A) above of any powers exercisable by the traffic authority for that road.
(4)
Subsections (2) and (3) above are subject to any provision to the contrary made by or under section 74A or 74B of this Act.
75 Similar provisions applicable in City of London.
(1)
For the purpose of placing traffic signs on or near any road in the City of London in pursuance of section 65 of this Act, or any apparatus required for illumination forming part of any such sign, the Corporation, subject to subsections (2) and (3) below, shall have power to affix any such sign or apparatus to the external wall of any building fronting any such road.
(2)
Section 53 of the M29City of London (Various Powers) Act 1900 (which, in relation to things affixed for the public lighting of streets, provides for compensation for injury and makes special provision as to railway property and Crown property) shall apply in relation to the affixing of any traffic sign or apparatus under subsection (1) above as it applies to the affixing of brackets, wires, pipes, lamps and apparatus for the public lighting of streets, and shall so apply as if, in that section, “street” included any road within the meaning of this Act.
(3)
Nothing in this section shall authorise the Corporation, without the consent of the Secretary of State, to affix any traffic sign or apparatus forming part of any such sign to—
(a)
any building for the time being included in a list published by the Secretary of State under any enactments for the time being in force with respect to ancient monuments, or
(b)
any building for the time being included in a list of buildings of special architectural or historic interest compiled by the Secretary of State under F400section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990, not being a building to which paragraph (a) above applies.
(4)
Subsection (3) above is without prejudice to section 2 of the M30Ancient Monuments and Archaeological Areas Act 1979 (under which scheduled monument consent is required for the execution of certain works affecting scheduled monuments).
(5)
In this section “the Corporation” means the mayor and commonalty and citizens of the City of London acting by the Common Council.
F40176. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplementary provisions
77 Traffic signs: modifications as respects trunk roads.
(a)
section 65(1) of this Act shall have effect with the omission of references to directions, and
(b)
the provisions of this Act relating to directions for the placing, replacing, conversion and removal of traffic signs, notices, objects or devices shall not apply except in relation to a bridge repairable by a person other than the F403national authority .
F40478. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
79 Advances by Secretary of State towards expenses of traffic signs.
(1)
The F405national authority may make advances towards any expenses incurred by a council in the discharge of any obligation imposed on them, by or under any provisions to which this section applies, in relation to the erection, maintenance, alteration or removal of traffic signs.
F406(1A)
An advance by the Secretary of State under this section is to be made out of moneys provided by Parliament.
(2)
This section applies to all the provisions of this Act except sections 72, 74 and 75.
(3)
An advance under this section may be either by way of grant or by way of loan or partly in the one way and partly in the other, and shall be upon such terms and subject to such conditions as the F407national authority thinks fit.
F408(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
80 References to highway authorities in Part V.
(1)
(2)
The provisions of this Act referred to in subsection (1) above are section 65 and sections 68 to 73.
Part VI Speed Limits
81 General speed limit for restricted roads.
(1)
It shall not be lawful for a person to drive a motor vehicle on a restricted road at a speed exceeding 30 miles per hour.
(2)
F414(3)
An order under subsection (2)—
(a)
if made by the Secretary of State, is to be made by statutory instrument and approved by a resolution of each House of Parliament;
(b)
if made by the Scottish Ministers, is subject to the affirmative procedure.
(4)
Before making an order under subsection (2) the Secretary of State must consult with the Scottish Ministers.
(5)
Before making an order under subsection (2) the Scottish Ministers must consult with the Secretary of State.
82 What roads are restricted roads.
(1)
Subject to the provisions of this section and of section 84(3) of this Act, a road is a restricted road for the purposes of section 81 of this ActF415if—
(a)
in England and Wales, there is provided on it a system of street lighting furnished by means of lamps placed not more than 200 yards apart;
(b)
in Scotland, there is provided on it a system of carriageway lighting furnished by means of lamps placed not more than 185 metres apart and the road is of a classification or type specified for the purposes of this subsection in regulations made by the F416Scottish Ministers .
(2)
F417The traffic authority for a road may direct
(a)
that F417the road which is a restricted road for the purposes of section 81 of this Act shall cease to be a restricted road for those purposes, or
(b)
that F417the roadwhich is not a restricted road for those purposes shall become a restricted road for those purposes.
F418 (3)
A special road is not a restricted road for the purposes of section 81 on or after the date declared by the traffic authority, by notice published in the F419manner prescribed in regulations made by the national authority , to be the date on which the special road, or the relevant part of the special road, is open for use as a special road.
83 Provisions as to directions under s. 82(2)
(1)
F423 (2)
(3)
Section 68(1)(c) of this Act shall apply to any order made under subsection (2) above.
84 Speed limits on roads other than restricted roads.
F426 (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 F427 national authority authorises otherwise in a particular case.
(1B)
The F428 national authority may make regulations governing the provision which may be made by orders of F429strategic highways companies or 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.
F430 (2)
The power to make an order under subsection (1) is exercisable by the traffic authority, who shall before exercising it in any case give public notice of their intention to do so.
(3)
While an order F431made by virtue of subsection (1)(a) above is in force as respects a road, that road shall not be a restricted road for the purposes of section 81 of this Act.
(4)
This section does not apply to any part of a special road which is open for use as a special road.
(5)
Section 68(1)(c) of this Act shall apply to any order made under subsection (1) above.
F432 (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.
85 Traffic signs for indicating speed restrictions.
(1)
For the purpose of securing that adequate guidance is given to drivers of motor vehicles as to whether any, and if so what, limit of speed is to be observed on any road, it shall be the duty of the F433national authority , F434in the case of a road for which F435the national authority is the traffic authority, to erect and maintain F436. . . traffic signs in such positions as may be requisite for that purpose.
(2)
(a)
(b)
to alter or remove traffic signs as may be requisite in order to give effect to such directions, either in consequence of the making of an order by the F439national authority or otherwise.
(3)
If a F438F440... traffic authority makes default in executing any works required for the performance of the duty imposed on them by subsection (2) above, the F441national authority may F442... execute the works; and the expense incurred F443... in doing so shall be recoverable by F444the national authority from the F438F440... traffic authority and, in England or Wales, shall be so recoverable summarily as a civil debt.
F445(3A)
In England, where subsection (3) applies in respect of non-compliance with a direction by a traffic authority other than a strategic highways company—
(a)
a strategic highways company may execute the work required by the direction with the consent of the Secretary of State, and
(b)
the expense incurred by the company in doing so is recoverable by the company from the authority summarily as a civil debt.
(4)
F446Where no such system of street or carriageway lighting as is mentioned in section 82(1) is provided on a road, but a limit of speed is to be observed on the road, a person shall not be convicted of driving a motor vehicle on the road at a speed exceeding the limit unless the limit is indicated by means of such traffic signs as are mentioned in subsection (1) or subsection (2) above.
(5)
In any proceedings for a contravention of section 81 of this Act, where the proceedings relate to driving on a road provided with F447such a system of street or carriageway lighting, evidence of the absence of traffic signs displayed in pursuance of this section to indicate that the road is not a restricted road for the purposes of that section shall be evidence that the road is a restricted road for those purposes.
F448(5A)
In any proceedings for a contravention of section 81 of this Act, a certificate of an officer of the F449national authority F450... that a road is of a specified classification or type shall be sufficient evidence of the facts certified; and a document purporting to be such a certificate and to be signed by such an officer shall be deemed to be such a certificate unless the contrary is shown.
(6)
Where by regulations made under section 17(2) of this Act a limit of speed is to be observed, then, if it is to be observed—
(a)
on all special roads, or
(b)
on all special roads provided for the use of particular classes of traffic, or
(c)
on all special roads other than special roads of such description as may be specified in the regulations, or
(d)
as mentioned in paragraph (a), (b) or (c) above except for such lengths of special road as may be so specified,
this section shall not apply in relation to that limit (but without prejudice to its application in relation to any lower limit of maximum speed or, as the case may be, any higher limit of minimum speed, required by any such regulations to be observed on any specified length of any specified special road).
(7)
The power F451of the Secretary of State to give general directions under subsection (2) above shall be exercisable by statutory instrument.
F452(8)
The power of the Scottish Ministers to give general directions under subsection (2) is to be exercisable by Scottish statutory instrument.
(9)
Before giving any general directions under subsection (2) the Secretary of State must consult with the Scottish Ministers.
(10)
Before giving any general directions under subsection (2) the Scottish Ministers must consult with the Secretary of State.
86 Speed limits for particular classes of vehicles.
(1)
It shall not be lawful for a person to drive a motor vehicle of any class on a road at a speed greater than the speed specified in Schedule 6 to this Act as the maximum speed in relation to a vehicle of that class.
(2)
Subject to subsections (4) and (5) below, the F453relevant authority may by regulations vary, subject to such conditions as may be specified in the regulations, the provisions of that Schedule.
(3)
Regulations under this section may make different provision as respects the same class of vehicles in different circumstances.
F454(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
The F453relevant authority shall not have power under this section to vary the speed limit imposed by section 81 of this Act.
(6)
The F453relevant authority shall not have power under this section to impose a speed limit, as respects driving on roads which are not restricted roads for the purposes of section 81 of this Act, on a vehicle which—
(a)
is constructed solely for the carriage of passengers and their effects;
(b)
is not adapted to carry more than 8 passengers exclusive of the driver;
(c)
is neither a heavy motor car nor an invalid carriage;
(d)
is not drawing a trailer; and
(e)
is fitted with pneumatic tyres on all its wheels.
F455(7)
The F453relevant authority in this section—
(a)
as respects the driving of vehicles on roads in England and Wales, is the Secretary of State;
(b)
as respects the driving of vehicles on roads in Scotland, is the Scottish Ministers.
(8)
Regulations made by the Scottish Ministers under this section are subject to the affirmative procedure.
F456(9)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
87 Exemption of fire brigade, ambulance and police vehicles from speed limits.
F457(1)
No statutory provision imposing a speed limit on motor vehicles shall apply to any vehicle on an occasion when it is being used for F458fire and rescue authority, for ambulance purposes or police purposes, if the observance of that provision would be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion.
F459(1A)
Subsection (1) above applies in relation to a vehicle that, although not being used for ambulance purposes, is being used for the purpose of providing a response to an emergency at the request of an NHS ambulance service.
(1B)
In subsection (1A), “an NHS ambulance service” means—
(a)
an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services;
(b)
an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services;
(c)
the Scottish Ambulance Service Board.
F460(2)
Subsection (1) above applies in relation to a vehicle being used—
(a)
for F461National Crime Agency purposes, or
(b)
for training persons to drive vehicles for use for F461National Crime Agency purposes,
as it applies in relation to a vehicle being used for police purposes.
(3)
But (except where it is being used for training the person by whom it is being driven) subsection (1) above does not apply in relation to a vehicle by virtue of subsection (2) above unless it is being driven by a person who has been trained in driving vehicles at high speeds.
87 Exemption of fire brigade, ambulance and police vehicles from speed limits.
No statutory provision imposing a speed limit on motor vehicles shall apply to any vehicle on an occasion when it is being used for fire brigade, ambulance or police purposes or for or in connection with the exercise of any function of the Scottish Fire and Rescue Service, if the observance of that provision would be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion.
F459(1A)
Subsection (1) above applies in relation to a vehicle that, although not being used for ambulance purposes, is being used for the purpose of providing a response to an emergency at the request of an NHS ambulance service.
(1B)
In subsection (1A), “an NHS ambulance service” means—
(a)
an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services;
(b)
an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services;
(c)
the Scottish Ambulance Service Board.
88 Temporary speed limits.
(1)
Where it appears to F462the F463relevant authority desirable to do so in the interests of safety or for the purpose of facilitating the movement of traffic, F464the authority may, after giving public notice of F465the intention to do so, by order prohibit, for a period not exceeding 18 months, the driving of motor vehicles—
(a)
on all roads, or on all roads in any area specified in the order, or on all roads of any class so specified, or on all roads other than roads of any class so specified, or on any road so specified, at a speed greater than that specified in the order, or
(b)
on any road specified in the order, at a speed less than the speed specified in the order, subject to such exceptions as may be so specified.
(2)
Any prohibition imposed by an order under subsection (1) above may be so imposed either generally, or at times, on days or during periods specified in the order; but the provisions of any such order shall not, except in so far as may be provided by the order, affect the provisions of sections 81 to 84 of this Act.
(3)
For the purposes of an order under subsection (1)(a) above, roads may be classified by reference to any circumstances appearing to F462the F463relevant authority to be suitable for the purpose, including their character, the nature of the traffic to which they are suited or the traffic signs provided on them.
(4)
(5)
Where by virtue of an order under this section a speed limit is to be observed, then—
(a)
if it is to be observed on all roads, on all roads of any class specified in the order or on all roads other than roads of any class so specified, section 85 of this Act shall not apply in relation to that limit;
(b)
if it is to be observed on all roads in any area and, at all points where roads lead into the area, is indicated as respects the area as a whole by means of such traffic signs as are mentioned in subsection (1) or subsection (2) of section 85 of this Act, the limit shall, for the purposes of subsection (4) of that section, be taken as so indicated with respect to all roads in the area.
(6)
This section does not apply to any part of a special road which is open for use as a special road.
(7)
If a person drives a motor vehicle on a road in contravention of an order under subsection (1)(b) above, he shall be guilty of an offence; but a person shall not be liable to be convicted of so driving solely on the evidence of one witness to the effect that, in the opinion of the witness, he was driving the vehicle at a speed less than that specified in the order.
F467(7A)
The F463relevant authority in this section—
(a)
in relation to roads in England and Wales, is the Secretary of State;
(b)
in relation to roads in Scotland, is the Scottish Ministers.
(8)
The first order to be made under subsection (1)(b)F468by the Secretary of State above shall not be made until a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.
F469(9)
The power of the Scottish Ministers to make an order under subsection (1) is not to be exercisable by Scottish statutory instrument.
(10)
The first order to be made under subsection (1)(b) by the Scottish Ministers shall not be made until a draft of the order has been laid before the Scottish Parliament and approved by it.
(11)
The power of the Secretary of State to make an order under subsection (4) is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(12)
An order made by the Scottish Ministers under subsection (4) is subject to the negative procedure.
89 Speeding offences generally.
(1)
A person who drives a motor vehicle on a road at a speed exceeding a limit imposed by or under any enactment to which this section applies shall be guilty of an offence.
(2)
A person prosecuted for such an offence shall not be liable to be convicted solely on the evidence of one witness to the effect that, in the opinion of the witness, the person prosecuted was driving the vehicle at a speed exceeding a specified limit.
(3)
The enactments to which this section applies are—
(a)
any enactment contained in this Act except section 17(2);
(b)
section 2 of the M31Parks Regulation (Amendment) Act 1926; and
(c)
any enactment not contained in this Act, but passed after 1st September 1960, whether before or after the passing of this Act.
(4)
If a person who employs other persons to drive motor vehicles on roads publishes or issues any time-table or schedule, or gives any directions, under which any journey, or any stage or part of any journey, is to be completed within some specified time, and it is not practicable in the circumstances of the case for that journey (or that stage or part of it) to be completed in the specified time without the commission of such an offence as is mentioned in subsection (1) above, the publication or issue of the time-table or schedule, or the giving of the directions, may be produced as prima facie evidence that the employer procured or (as the case may be) incited the persons employed by him to drive the vehicles to commit such an offence.
F47090. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F47191. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part VII Bollards and Other Obstructions
92 Bollards and other obstructions outside Greater London.
(1)
Where the passage, or the passage in any direction, of vehicles, or of vehicles of any class, is prohibited at any point of a road outside Greater London by an order made under section 1 or 9 of this Act, F472the traffic authority may, in accordance with the following provisions of this section, place, or authorise or require to be placed, at or near that point such bollards or other obstructions as they consider appropriate for preventing their passage.
(2)
The bollards or other obstructions that may be placed under subsection (1) above—
(a)
shall include obstructions of any description whatsoever;
(b)
may be either fixed or moveable; and
(c)
may be placed so as to prevent the passage of vehicles at all times or at certain times only.
(3)
Where the powers conferred by subsection (1) above have been exercised with respect to two or more points of a road, so that the passage of vehicles along a stretch of that road is prevented, those powers shall extend to placing, or authorising the placing of, further obstructions on that stretch of road; but any obstructions placed under those powers shall not be so placed as to prevent at any time the passage of pedestrians past the point or along the stretch of road in question, and shall not be of such a nature that the re-opening of the road to vehicles would be unreasonably difficult or so as to alter the nature of the surface of the road.
F473(4)
The bollards or other obstructions authorised by an order under subsection (1) shall be placed on the road by the traffic authority, except as mentioned in section 93 below.
(5)
Any power conferred by this section to place an obstruction includes power to maintain or light it.
(6)
Any enactment authorising the making of grants or loans in connection with traffic signs (including section 79 of this Act) shall extend to any such obstructions as are mentioned in this section.
93 Powers of Secretary of State in relation to functions under s. 92.
F474(1)
by virtue of an order under section 92(1) the Secretary of State has power to place bollards or other obstructions at a point on a road, he may authorise or require the traffic authority for any other road leading into or crossing that road at that point to place the bollards or other obstructions on that other road.
(2)
(3)
If F475a F477...traffic authority fail to comply with any requirement imposed under this section to carry out any work, the Secretary of State may himself carry out the work; and the expense incurred by him in doing so shall be recoverable by him from the authority and, in England or Wales, shall be so recoverable summarily as a civil debt.
(4)
Any requirement imposed under this section—
(a)
if relating to a road in England or Wales, shall be enforceable on the application of the Secretary of State by order of mandamus; or
(b)
if relating to a road in Scotland, shall be enforceable by order of the Court of Session on an application by the Lord Advocate under section 91 of the M32Court of Session Act 1868.
(5)
Any power conferred by this section to authorise or require an authority to place an obstruction includes power to authorise or require the authority to maintain or light it.
(6)
Subsection (6) of section 92 of this Act shall apply for the purposes of this section as it applies for the purposes of that section.
F47894 Bollards and other obstructions in Greater London.
(1)
Where an order under section 6 or 9 of this Act is made or proposed to be made by the Secretary of State F479or a strategic highways company he, F480or it may, to such extent as he F480or it considers necessary in connection with the order, authorise or require any person who is responsible for the maintenance of any road in Greater London F481for which he F480or it is not the traffic authority—
(a)
to place on the carriageway such bollards or other obstructions as the Secretary of State F482or the company may consider appropriate for preventing the passage of vehicles, or vehicles of any class, at any point at which their passage (whether in any direction or in one direction only) is prohibited by any such order, and to maintain and light those obstructions; or
(b)
to remove any obstruction placed by that person in pursuance of an authorisation or a requirement under this subsection.
(2)
Where an order under section 6 or 9 of this Act is made or proposed to be made by the council of a London borough, they may, to such extent as they consider necessary in connection with the order, authorise or require any person who is responsible for the maintenance of any road in their area F483for which neither they nor the Secretary of State F484nor a strategic highways company are the traffic authority—
(a)
to place on the carriageway such bollards or other obstructions as they may consider appropriate for preventing the passage of vehicles, or vehicles of any class, at any point at which their passage (whether in any direction or in one direction only) is prohibited by any such order, and to maintain and light those obstructions; or
(b)
to remove any obstruction placed by that person in pursuance of an authorisation or a requirement under this subsection.
(3)
Subsections (2) and (3) of section 92 of this Act shall apply in relation to the placing of bollards or other obstructions under subsection (1) or (2) above, as if for any reference in them to subsection (1) of that section there were substituted a reference to subsection (1) or (2) above.
(4)
To such extent as the Secretary of StateF485, a strategic highways company or, as the case may be, the council of a London borough may consider necessary in connection with an order under section 6 or 9 of this Act, whether made or proposed to be made by the Secretary of StateF486 , the company, or that council—
(a)
(5)
If a person fails to comply with a requirement to carry out any work under subsection (1) or (2), above, the Secretary of StateF492, the strategic highways company or, as the case may be, the council of the London borough may carry out the work, and the expenses incurred by the Secretary of StateF493, the company or that council in doing so shall be recoverable summarily as a civil debt from that person.
(6)
Section 79 of this Act shall apply in relation to any such obstruction as is mentioned in subsection (1) or (2) above as it applies in relation to traffic signs; and the power of the Secretary of State under that section to make advances towards expenses incurred in relation to traffic signs shall be exercisable with respect to any expenses incurred by the council of a London borough by virtue of subsection (4) above.
(7)
In this section references to the council of a London borough include references to the Common Council of the City of London.
Part VIII Control and Enforcement
Traffic wardens
95 Appointment of traffic wardens.
F494(1)
F495F496A chief officer of police in England and Wales (other than the Commissioner of Police for the City of London), and the Common Council of the City of London may, subject to subsection (5) below, appoint persons to discharge, in aid of the police, functions normally undertaken by the police in connection with the control and regulation of, or the enforcement of the law relating to, traffic (including pedestrians) or stationary vehicles; and persons so appointedF497by the Common Council shall act under the direction of the chief officer of police, but shall be deemed to be employed by the F498Common Council.
F499(2)
Police staff appointed under section 26 of the Police and Fire Reform (Scotland) Act 2012 and employed by the Scottish Police Authority may be designated by the chief constable of the Police Service of Scotland to discharge F500any such functions as are mentioned in subsection (1) aboveF500, in aid of the police, functions normally undertaken by the police in connection with the control and regulation of, or the enforcement of the law relating to, traffic (including pedestrians) or stationary vehicles .
(3)
Persons employed F501under subsection (1) or in accordance with subsection (2) above shall be known as “traffic wardens”.
(4)
F502A person F503(whether in England or Wales or in Scotland) employing traffic wardens for the purposes mentioned in F504subsection (1)F504subsection (2) aboveF505(the “employer”) may also (subject to subsection (5) below) employ them to act, under the direction of the chief officer of police, for other purposes connected with the control and regulation of traffic (including pedestrians) or stationary vehicles; and in particular—
(a)
where F506the employer provides school crossing patrols under section 26 of this Act, whether as being the appropriate authority or by aggreement with the appropriate authority, the traffic wardens may be employed to act as school crossing patrols, and
(b)
F507the employer may, under arrangements made with a local authority F508or (in England or Wales) with the Secretary of State, employ the traffic wardens to act as parking attendants at street parking places provided or controlled by the local authority F509or, as the case may be, by the Secretary of State.
F510(4A)
F511For the purposes of subsection (4) above, Transport for London is a local authority.
(5)
Traffic wardens shall not be employed to discharge functions other than those prescribed as appropriate for the purpose by order of the Secretary of State made by statutory instrument; and no order shall be made under this subject unless a draft of the order has been laid before, and approved by resolution of, each House of Parliament.
(6)
A F512person shall not employ as a traffic warden any person who is a constable, and shall take steps to ensure that only persons adequately qualified are appointed traffic wardens, and that traffic wardens are suitably trained before undertaking their duties.
(7)
Traffic wardens shall wear such uniform as the Secretary of State may determine, and shall not act as traffic wardens when not in uniform.
96 Additional powers of traffic wardens.
F494(1)
An order under section 95(5) of this Act may provide that, for the purposes of any functions which traffic wardens are authorised by the order to discharge, but subject to the provisions of subsection (3) below, references to a constable or police constable in all or any of the enactments specified in subsection (2) below shall include references to a traffic warden.
(2)
The enactments referred to in subsection (1) above are—
(a)
F513section 52 of the Metropolitan Police Act 1839, so far as it relates to the giving by the commissioner of directions to constables for preventing obstructions;
(b)
F513section 22 of the local Act of the second and third year of the reign of Queen Victoria, chapter 94, so far as it makes similar provision with respect to the City of London;
F514(bb)
in this Act—
(i)
section 100(3)
(which relates to the interim disposal of vehicles removed under section 99); and
(ii)
sections 104 and 105 (which relate to the immobilisation of illegally parked vehicles);
(c)
in F515the Road Traffic Act 1988—
(i)
F516sections 35(1), 36 and 37
(which relate to compliance with traffic directions given by police constables);
F517(ia)
section 67(3)
(which relates to the power of a constable in uniform to stop vehicles for testing);
(ii)
F518section 163
(which relates to the power of a constable to stop vehicles);
(iii)
(iv)
F521sections 165 and 169
(which relate to the powers of constables to obtain names and addresses of drivers and others and to require production of evidence of insurance or security and test certificates); and
(3)
Any power of a constable for the purposes of the following provisions of F524the Road Traffic Act 1988, namely, sections F525163 , 164(1), (2) and (6) and 165, shall be exercisable by a traffic warden under an order made by virtue of subsection (1) above only where—
(a)
the traffic warden is assisting a constable, or
(b)
the traffic warden has reasonable cause to believe that an offence has been committed of a description specified in relation to the section in question for the purposes of this paragraph by the order, and, in the case of a power for the purposes of F526section 165 of the Road Traffic Act 1988, the order authorises the use of that power in relation to that offence, F527or
F529(4)
Where an order has been made pursuant to subsection (2)(bb)(i) above, in section 100(3) of this Act the words “chief officer of the police force to which the constable belongs” shall be deemed to include a reference to a chief officer of police under whose direction a traffic warden acts.
(5)
Any order made under section 95(5) of this Act may make different provision for different cases or classes of case, or in respect of different areas.
97 Supplementary provisions as to traffic wardens.
F494(1)
Neither regulations under section 7 of the M35Superannuation Act 1972 nor any local Act scheme within the meaning of section 8 of that Act shall apply to traffic wardens by virtue of section 95 or 96 of this Act; but, in relation to such traffic wardens F530. . . as F531their employer may determine, those regulations (or, if the expenses of F532that employer are paid by a local Act authority, the local Act scheme) shall apply, subject to such adaptations, modifications and exceptions as the Sectetary of State may by regulations prescribe.
F533(2)
Where traffic wardens are employed by a police authority which is a committee of the council of a county, they shall be treated as employed by the committee as constituted from time to time; but the committee’s employment of traffic wardens shall not subject members of the committee to any personal liability under contract or otherwise.
(3)
The expenses incurred for the purposes of or in connection with the functions of F534F535the Common Council or a police authority under section 95 of this Act shall be defrayed as if those expenses were expenses incurred for the purposes of the police force maintained by F536F535the Common Council or the authority.
F537(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
Any power F538of a person
to acquire, or authorise the acquisition of, land for the purposes of a police force shall include power to acquire, or authorise the acquisition of land for the purposes of the functions of the F539person
under sections 95 and 96 of this Act; and any land occupied for the purposes of those functions shall be deemed to be occupied for the purposes of the police force.
F54098. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Removal or immobilisation of vehicles
99 Removal of vehicles illegally, obstructively or dangerously parked, or abandoned or broken down.
(1)
The Secretary of State may by regulations make provision for the removal of vehicles which have been permitted to remain at rest—
(a)
on a road F541or other land in contravention of any statutory prohibition or restriction, or
(b)
(c)
or which have broken down on a road F545or other land.
(2)
Regulations under this section—
(a)
may provide, in the case of a vehicle which may be removed from a road F546or on land other than a road, for the moving of the vehicle from one position on a road to another position on that or another road;
F547(aa)
may provide, in the case of a vehicle which may be removed from land other than a road, for the moving of the vehicle from one position on such land to another position on such land or on any road;
(b)
may provide for repealing byelaws dealing with the same subject-matter as the regulations, and for suspending, while the regulations remain in force, any power of making such byelaws; F548 . . .
(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
Where it appears to an authority which (apart from this subsection” is empowered to remove a vehicle in pursuance of regulations under this section that the vehicle is on land F549other than a road which is occupied by any person, the authority shall give him notice in the prescribed manner that they propose to remove the vehicle in pursuance of the regulations, and shall not be entitled to remove it if he objects to the proposal in the prescribed manner and within the prescribed period.
F550(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
In this section “vehicle” means any vehicle, whether or not it is in a fit state for use on roads, and includes any chassis or body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, such a vehicle.
F551 (6)
For the purposes of this section, the suspension under section 13A or 49 of this Act of the use of a parking place is a restriction imposed under this Act.
100 Interim disposal of vehicles removed under s. 99.
F552(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)
Any vehicle removed by the council of a F553non-metropolitan district in England under regulations made under section 99 of this Act shall be delivered by them to the council of the county comprising the district in accordance with such arrangements (including arrangements as to the sharing of any expenses incurred or sums received by the two councils under section 99 of this Act or this section or under section 101 or 102 of this Act) as may be agreed between the two councils or, in default of agreement, as may be determined by the Secretary of State.
(3)
Any vehicle removed by a constable in pursuance of any such regulations and appearing to him to have been abandoned may be delivered by the chief officer of the police force to which the constable belongs to a local authority, with the consent of that authority.
F554(3A)
Any vehicle removed by, or by virtue of arrangements made by, a traffic officer in pursuance of regulations made under section 99 of this Act and appearing to the traffic officer to have been abandoned shall be delivered to the Secretary of State F555or a strategic highways company.
(4)
While a vehicle is in the custody of an authority in pursuance of this section or of regulations under section 99 of this Act, other than a vehicle which in the opinion of that authority is in such a condition that it ought to be destroyed, it shall be the duty of that authority to take such steps as are reasonably necessary for the safe custody of the vehicle.
(5)
In this section F556—
“local authority”—
(a)
(b)
in relation to Wales, means the council of a county F559or county borough; and
F562 “ traffic officer ” means an individual designated as such by the Secretary of State, or by a person authorised by the Secretary of State, in accordance with section 2 of the Traffic Management Act 2004;
F563...“vehicle” has the meaning assigned to it by section 99(5) of this Act.
101 Ultimate disposal of vehicles abandoned and removeable under this Act.
(1)
F564Subject to subsection (3) and section 101A below, a competent authority may, in such manner as they think fit, dispose of a vehicle which appears to them to be abandoned and which has been, or could at any time be, removed in pursuance of—
(a)
an order to which this section applies, or
(b)
regulations under section 99 of this Act.
(2)
This section applies to the following orders, that is to say—
(a)
any order under section 35 of this Act;
(b)
any order relating to a parking place designated under section 45 of this Act; and
(c)
any order containing a provision having effect by virtue of section 53(3) of this Act.
(3)
The time at which a competent authority may dispose of a vehicle under subsection (1) above is as follows, that is to say—
(a)
in the case of a vehicle which in their opinion is in such a condition that it ought to be destroyed; F565. . .
F566(b)
in the case of a vehicle, not falling within paragraph (a), which—
(i)
does not display a licence (whether current or otherwise and whether or not the vehicle is required to display a licence), and
(ii)
does not display any registration mark (whether indicating registration within or outside the United Kingdom),
at any time after its removal;
(c)
in any other case, any time after such steps as may be prescribed have been taken by a competent authority (or partly by one competent authority and partly by the other) to find a person appearing to the authority taking such steps to be the owner of the vehicle and either—
(i)
they have failed to find such a person, or
(ii)
he has failed to comply with a notice served on him in the prescribed manner by a competent authority requiring him to remove the vehicle from their custody within the prescribed period.
F567. . .
(4)
F568. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4A)
F568. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
F568. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5A)
F568. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
F568. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)
The Secretary of State may by regulations require an authority by whom a vehicle is disposed of in pursuance of this section to give such information relating to the disposal as may be prescribed to such persons as may be prescribed.
(8)
In this section—
“competent authority”, in relation to a vehicle, means—
(a)
the chief officer of the police force in whose area is the place which the vehicle has been removed or could at any time be removed, F569. . .
(b)
(c)
Transport for London, where the vehicle has been removed by a parking attendant on its behalf; F573 or
(d)
the Secretary of State F574or a strategic highways company, where the vehicle has been removed by, or by virtue of arrangements made by, a traffic officer;
“owner”, in relation to a vehicle which is the subject of a hiring agreement or hire-purchase agreement, includes the person entitled to possession of the vehicle under the agreement; and
“local authority” F577 and “traffic officer” have the meanings assigned to them by section 100(5) and “vehicle” has the meaning assigned to it by section 99(5) of this Act.
101 Ultimate disposal of vehicles abandoned and removeable under this Act.
(1)
Subject to subsections (3) to (5A) below, a competent authority may, in such manner as they think fit, dispose of a vehicle which appears to them to be abandoned and which has been, or could at any time be, removed in pursuance of—
(a)
an order to which this section applies, or
(b)
regulations under section 99 of this Act.
(2)
This section applies to the following orders, that is to say—
(a)
any order under section 35 of this Act;
(b)
any order relating to a parking place designated under section 45 of this Act; and
(c)
any order containing a provision having effect by virtue of section 53(3) of this Act.
(3)
The time at which a competent authority may dispose of a vehicle under subsection (1) above is as follows, that is to say—
(a)
in the case of a vehicle which in their opinion is in such a condition that it ought to be destroyed and on which no current licence was displayed at the time of its removal, any time after its removal;
(b)
in the case of a vehicle which in their opinion is in such condition that it ought to be destroyed and on which a current licence was so displayed, any time after the licence expires;
(c)
in any other case, any time after such steps as may be prescribed have been taken by a competent authority (or partly by one competent authority and partly by the other) to find a person appearing to the authority taking such steps to be the owner of the vehicle and either—
(i)
they have failed to find such a person, or
(ii)
he has failed to comply with a notice served on him in the prescribed manner by a competent authority requiring him to remove the vehicle from their custody within the prescribed period.
but, in a case where it appears to the authority proposing to dispose of the vehicle that a licence is in force in respect of the vehicle, not a time earlier than the expiry of the licence.
(4)
If, before a vehicle found outside 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 such sums in respect of its removal and storage as may be prescribed to the authority entitled to those sums, the authority shall permit him to remove the vehicle from their custody within such period as may be prescribed.
(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)
If, before the end of the period of one year beginning with the date on which a vehicle found outside 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 such sums in respect of the removal, storage and disposal of the vehicle as may be prescribed.
(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.
(6)
If in the case of any vehicle it appears to the authority in question that more than one person is or was its owner at the relevant time, such one of them as the authority think fit shall be treated as its owner for the purposes of subsections (4) to (5A) above.
(7)
The Secretary of State may by regulations require an authority by whom a vehicle is disposed of in pursuance of this section to give such information relating to the disposal as may be prescribed to such persons as may be prescribed.
(8)
In this section—
“competent authority”, in relation to a vehicle, means—
(a)
the chief officer of the police force in whose area is the place which the vehicle has been removed or could at any time be removed, F569. . .
(b)
(c)
Transport for London, where the vehicle has been removed by a parking attendant on its behalf;
“licence”, in relation to a vehicle, means a licence issued for the vehicle under the F575Vehicles Excise and Registration Act 1994;
“owner”, in relation to a vehicle which is the subject of a hiring agreement or hire-purchase agreement, includes the person entitled to possession of the vehicle under the agreement; and
“local authority” has the meaning assigned to it by section 100(5) and “vehicle” has the meaning assigned to it by section 99(5) of this Act.
F578101ARight of owner to recover vehicle or proceeds of sale
(1)
If before a vehicle is disposed of by an authority under section 101 above it is claimed by a person who—
(a)
satisfies the authority that he is its owner, and
(b)
pays the relevant charges,
the authority shall permit him to remove the vehicle from their custody within such period as they may specify or, in the case of an authority other than a local authority, as may be prescribed.
(2)
If before the end of the period of one year beginning with the date on which a vehicle is sold by an authority under section 101 above a person satisfies the authority that at the time of the sale he was the owner of the vehicle, the authority shall pay him any sum by which the proceeds of sale exceed the amount of the relevant charges.
(3)
In the case of a vehicle found in an area that is a civil enforcement area for parking contraventions, the relevant charges are—
(a)
any penalty charge payable in respect of the parking of the vehicle in the place from which it was removed,
(b)
such unpaid earlier penalty charges relating to the vehicle as may be prescribed, and
(c)
such sums in respect of the removal and storage of the vehicle—
(i)
as the authority may require in accordance with Schedule 9 of the Traffic Management Act 2004, or
(ii)
in the case of an authority other than a local authority, as may be prescribed.
(4)
In any other case the relevant charges are such sums in respect of the removal and storage of the vehicle as may be prescribed.
(5)
If in the case of any vehicle it appears to the authority in question that more than one person is or was its owner at the relevant time, such one of them as the authority think fit shall be treated as its owner for the purposes of this section.
(6)
In this section—
“ civil enforcement area for parking contraventions ” and “ penalty charge ” have the same meaning as in Part 6 of the Traffic Management Act 2004; and
“ owner ” has the same meaning as in section 101 above.
F579101BRepresentations and appeals
(1)
The Lord Chancellor may make regulations entitling a person who in the case of a vehicle found in an area that is a civil enforcement area for parking contraventions—
(a)
is required to pay an amount on recovering the vehicle under section 101A(1), or
(b)
receives a sum in respect of the vehicle under section 101A(2) or is informed that the proceeds of sale did not exceed the aggregate amount mentioned in that provision,
to make representations to the authority concerned and to appeal to an adjudicator if his representations are not accepted.
(2)
The regulations may make such provision in connection with the rights conferred as appears to the Lord Chancellor to be appropriate, and may in particular make provision—
(a)
requiring the authority to give a person notice of the rights conferred by the regulations,
(b)
as to the grounds on which, and time within which, representations may be made;
(c)
requiring supporting evidence in such circumstances as may be specified;
(d)
as to the duties of the authority when representations are received;
(e)
as to the circumstances in which there is a right of appeal to an adjudicator,
(f)
generally as to the making, determination and effect of, and procedure in connection with, such appeals, and
(g)
enabling an adjudicator to review any decision made on, or in the course of, an appeal.
(3)
The regulations may include provision authorising an adjudicator to require a person—
(a)
to attend to give evidence at the hearing of an appeal, and
(b)
to produce any documents in his custody or under his control relating to any matter relevant for the purposes of the appeal,
and making it a criminal offence triable summarily and punishable with a fine not exceeding level 2 on the standard scale to fail to comply with such a requirement.
(4)
The regulations may include provision authorising an adjudicator to make an order for the payment of costs and expenses by a party to an appeal in such circumstances as may be specified.
(5)
The functions of adjudicators under this section shall be discharged by the persons appointed as adjudicators for the purposes of Part 6 of the Traffic Management Act 2004 (civil enforcement of road traffic contraventions) and any arrangements made for the discharge of their functions under that Part also have effect for the purposes of this section.
F580(6)
Subsections (1) to (3) of section 89 of the Traffic Management Act 2004 (regulations and orders) apply to regulations under this section as they apply to regulations under Part 6 of that Act.
102 Charges for removal, storage and disposal of vehicles.
(1)
The provisions of this section shall have effect where a vehicle—
(a)
is removed from a parking place in pursuance of an order to which section 101 of this Act applies, or
(b)
is removed from a road F581or other land in pursuance of regulations under section 99 of this Act.
F582(2)
If the place from which the vehicle is removed is in an area that is not a civil enforcement area for parking contraventions—
(a)
the appropriate authority is entitled to recover from any person responsible such charges as may be prescribed in respect of the removal of the vehicle;
(b)
the chief officer of a police force or a local authority in whose custody the vehicle is during any period is entitled to recover from any person responsible charges ascertained by reference to a prescribed scale in respect of that period; and
(c)
the chief officer of a police force or a local authority who dispose of the vehicle in pursuance of section 101 of this Act is entitled to recover from any person responsible charges determined in the prescribed manner in respect of its disposal.
F583(2ZA)
In the case of a vehicle removed by, or by virtue of arrangements made by, a traffic officer, subsection (2) applies as if for paragraphs (b) and (c) there were substituted—
(b)
(2A)
If the place from which the vehicle is removed is in an area that is a civil enforcement area for parking contraventions, the enforcement authority is entitled to recover from any person responsible such charges in respect of the removal, storage and disposal of the vehicle as they may require in accordance with Schedule 9 of the Traffic Management Act 2004.
(3)
Any sum recoverable by virtue of this section shall, in England or Wales, be recoverable as a simple contract debt in any court of competent jurisdiction or, in the case of a sum not exceeding £20, summarily as a civil debt.
(4)
Without prejudice to subsection (3) above, where by virtue of paragraph (a) or (b) of subsection (2) above any sum is recoverable in respect of a vehicle by the chief officer of a police force or a local authority in whose custody the vehicle is, the chief officer or local authority shall be entitled to retain custody of it until that sum has been paid.
F588(4A)
Without prejudice to subsection (3) above, where by virtue of paragraph (a) or (b) of subsection (2) above any sum is recoverable in respect of a vehicle which is in the custody of the Secretary of State F589or a strategic highways company, the Secretary of State F590or the company shall be entitled to retain custody of it until that sum has been paid.
(5)
The court by which a person is convicted of an offence under section 2(1) of the M36Refuse Disposal (Amenity) Act 1978 in respect of a motor vehicle may, on the application of an authority and in addition to any other order made by the court in relation to that person, order him to pay to the authority any sum which, in the opinion of the court, the authority are entitled to recover from him under this section in respect of the vehicle.
(6)
For the purposes of this section a vehicle removed, as mentioned in subsection (1) above, F591by the council of a non-metropolitan district in England shall be treated as in the custody of the council of the county comprising that district while it is in the custody of the district council by whom it was so removed.
(7)
Any sum recovered under this section by the chief officer of a police force shall be paid into the police fund.
(8)
In this section—
“appropriate authority”—
(a)
in relation to a vehicle removed by a constable or a person acting in aid of a police force, means the chief officer of the police force to which the constable belongs or in whose aid that person was acting, and
(b)
F592in 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 F593other land, means the local authority in whose area that place is, F594. . . F595and
(c)
in relation to a vehicle removed by, or by virtue of arrangements made by, a traffic officer, means the Secretary of State F596or a strategic highways company;
F597“civil enforcement area for parking contraventions” and “enforcement authority” have the same meaning as in Part 6 of the Traffic Management Act 2004;
“person responsible”, in relation to a vehicle, means—
(a)
the owner of the vehicle at the time when it was put in the place from which it was removed as mentioned in subsection (1) above, unless he shows that he was not concerned in, and did not know of, its being put there;
(b)
any person by whom the vehicle was put in that place;
(c)
any person convicted of an offence under section 2(1) of the M37Refuse Disposal (Amenity) Act 1978 in consequence of the putting of the vehicle in that place; F598. . .
F601. . .
F602(9)
For the purposes of—
(a)
F603subsection (2A) 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.
102 Charges for removal, storage and disposal of vehicles.
(1)
The provisions of this section shall have effect where a vehicle—
(a)
is removed from a parking place in pursuance of an order to which section 101 of this Act applies, or
(b)
is removed from a road, or from land in the open air, in pursuance of regulations under section 99 of this Act.
(2)
In any such case—
(a)
the appropriate authority shall be entitled to recover from any person responsible such charges as may be prescribed in respect of the removal of the vehicle;
(b)
the chief officer of a police force or a local authority other than a London authority in whose custody any such vehicle is during any period shall be entitled to recover from any person responsible charges ascertained by reference to a prescribed scale in respect of that period; . . .
(c)
the chief officer of a police force or a local authority other than a London authority who dispose of any such vehicle in pursuance of section 101 of this Act shall be entitled to recover from any person responsible charges determined in the prescribed manner in respect of its disposal 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)
Any sum recoverable by virtue of this section shall, in England or Wales, be recoverable as a simple contract debt in any court of competent jurisdiction or, in the case of a sum not exceeding £20, summarily as a civil debt.
(4)
Without prejudice to subsection (3) above, where by virtue of paragraph (a) or (b) of subsection (2) above any sum is recoverable in respect of a vehicle by the chief officer of a police force or a local authority in whose custody the vehicle is, the chief officer or local authority shall be entitled to retain custody of it until that sum has been paid.
(5)
The court by which a person is convicted of an offence under section 2(1) of the M36Refuse Disposal (Amenity) Act 1978 in respect of a motor vehicle may, on the application of an authority and in addition to any other order made by the court in relation to that person, order him to pay to the authority any sum which, in the opinion of the court, the authority are entitled to recover from him under this section in respect of the vehicle.
(6)
For the purposes of this section a vehicle removed, as mentioned in subsection (1) above, F591by the council of a non-metropolitan district in England shall be treated as in the custody of the council of the county comprising that district while it is in the custody of the district council by whom it was so removed.
(7)
Any sum recovered under this section by the chief officer of a police force shall be paid into the police fund or, in Scotland, to the Scottish Police Authority.
(8)
In this section—
“appropriate authority”—
(a)
in relation to a vehicle removed by a constable or a person acting in aid of a police force, means the chief officer of the police force to which the constable belongs or in whose aid that person was acting, and
(b)
F592in 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,
F594. . .
“person responsible”, in relation to a vehicle, means—
(a)
the owner of the vehicle at the time when it was put in the place from which it was removed as mentioned in subsection (1) above, unless he shows that he was not concerned in, and did not know of, its being put there;
(b)
any person by whom the vehicle was put in that place;
(c)
any person convicted of an offence under section 2(1) of the M37Refuse Disposal (Amenity) Act 1978 in consequence of the putting of the vehicle in that place; . . .
“local authority” has the meaning assigned to it by section 100(5) F599, except that it does not include Transport for London, and “vehicle” has the meaning assigned to it by section 99(5) of this Act. and
“London authority” means any council of a London borough , the Common Council of the City of London or Transport for London.
F602(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.
103 Supplementary provisions as to removal of vehicles.
(1)
The Secretary of State may by regulations provide that, in relation to any vehicle which is or was in any part of a loading area while the parking of it in that area is or was prohibited by virtue of section 61 of this Act, sections 99 to 102 of this Act shall have effect with such additions, omissions and amendments as are prescribed by the regulations.
(2)
In this section “loading area” has the same meaning as in section 61 of this Act.
F604F605 (3)
Regulations made under sections 99 to 102 of this Act may make different provision for different cases or classes of case or in respect of different areas.
F605(4)
A local authority must in exercising any of their functions under sections 99 to 102 have regard to any guidance given to the authority for the purpose by—
(a)
the Secretary of State, in the case of a local authority in England;
(b)
the National Assembly for Wales, in the case of a local authority in Wales.
(5)
In subsection (4) “ local authority ” has the meaning given by section 100(5)(a) and (b).
104 Immobilisation of vehicles illegally parked.
(1)
Subject to sections 105 and 106 of this Act, where a constable finds on a road a vehicle which has been permitted to remain at rest there in contravention of any prohibition or restriction imposed by or under any enactment, he may—
(a)
fix an immobilisation device to the vehicle while it remains in the place in which he finds it; or
(b)
move it from that place to another place on the same or another road and fix an immobilisation device to it in that other place;
or authorise another person to take under his direction any action he could himself take by virtue of paragraph (a) or (b) above.
(2)
On any occasion when an immobilisation device is fixed to a vehicle in accordance with this section the constable or other person fixing the device shall also affix 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 F606person authorised to give such a direction by the chief officer of police within whose area the vehicle in question was found.
(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 affixed to the vehicle under subsection (2) above of such charge in respect of the release as may be prescribed.
(5)
A notice affixed to a vehicle under this section shall not be removed or interfered with except by or under the authority of the person in charge of the vehicle or the person by whom it was put in the place where it was found by the constable; and any person contravening this subsection shall be guilty of an offence.
(6)
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.
(7)
Where a vehicle is moved in accordance with this section before an immobilisation device is fixed to it, any power of removal under regulations for the time being in force under section 99 of this Act which was exercisable in relation to that vehicle immediately before it was so moved shall continue to be exercisable in relation to that vehicle while it remains in the place to which it was so moved.
(8)
In relation to any vehicle which is removed in pursuance of any such regulations or under section 3 of the M38Refuse Disposal (Amenity) Act 1978 (duty of local authority to remove abandoned vehicles) from a place to which it was moved in accordance with this section, references in the definition of “person responsible” in section 102(8) of this Act and section 5 of the said Act of 1978 mentioned above (recovery from person responsible of charges and expenses in respect of vehicles removed) to the place from which the vehicle was removed shall be read as references to the place in which it was immediately before it was moved in accordance with this section.
(9)
In this section “immobilisation device” means any device or appliance designed or adapted to be fixed to a vehicle for the purpose of preventing it from being driven or otherwise put in motion, being a device or appliance of a type approved by the Secretary of State for use for that purpose in accordance with this section.
F607(10)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11)
Any sum received by virtue of subsection (4) above shall be paid into the police fund F608or, in Scotland, to the Scottish Police Authority.
(12)
Regulations under subsection (2) or (4) above may make different provision for different cases F609or classes of case or in respect of different areas.
F610 (12A)
For the purposes of this section, the suspension under section 13A or 49 of this Act of the use of a parking place is a restriction imposed under this Act.
105 Exemptions from s. 104.
(1)
Subject to the following provisions of this section, section 104(1) of this Act shall not apply in relation to a vehicle found by a constable in the circumstances mentioned in that subsection if F611. . . —
(a)
a current disabled person’s badge is displayed on the vehicle; or
F612(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; or
(b)
the vehicle is in a meter bay within a parking place designated by a designation order.
(2)
The exemption under subsection (1)(b) above shall not apply in the case of any vehicle F613found otherwise than in Greater London if—
(a)
the meter bay in which it was found was not authorised for use as such at the time when it was left there (referred to below in this section as the time of parking); or
(b)
an initial charge was not duly paid at the time of parking; or
(c)
there has been since that time any contravention in relation to the relevant parking meter of any provision made by virtue of section 46(2)(c) of this Act; or
(d)
more than two hours have elapsed since the end of any period for which an initial charge was duly paid at the time of parking or (as the case may be) since the end of any unexpired time in respect of another vehicle available on the relevant parking meter at the time of parking.
F614 (2A)
The exemption under subsection (1)(b) above shall not apply in the case of any vehicle found in Greater London if the meter bay in which it was found was not authorised for use as such at the time when it was left there.
(3)
For the purposes of F615subsections (2)(a) and (2A) above, a meter bay in a parking place designated by a designation order is not authorised for use as such at any time when—
(a)
by virtue of section 49(1)(a) of this Act the parking place is treated for the purposes of sections 46 and 47 of this Act as if it were not designated by that order; or
(b)
the use of the parking place or of any part of it that consists of or includes that particular meter bay is suspended F616under section 49(4) of this Act.
(4)
In relation to any vehicle found in a meter bay within a parking place designated by a designation order, references in subsection (2) above to an initial charge are references to an initial charge payable in respect of that vehicle under section 45 or 50 of this Act.
(5)
In any case where section 104(1) of this Act would apply in relation to a vehicle but for subsection (1)(a) above, the person guilty of contravening the prohibition or restriction mentioned in section 104(1) is also guilty of an offence und\er this subsection if the conditions mentioned in subsection (6) below are met.
(6)
Those conditions are that at the time when the contravention occurred—
(a)
the vehicle was not being used F617in accordance with regulations under section 21 of the M39Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons); and
(b)
he was not using the vehicle in circumstances falling within section F618117(1)(b)of this Act.
F619(6A)
In any case where section 104(1) of this Act would apply in relation to a vehicle but for subsection (1)(aa) above, the person guilty of contravening the prohibition or restriction mentioned in section 104(1) is also guilty of an offence under this subsection if the conditions mentioned in subsection (6B) below are met.
(6B)
Those conditions are that at the time when the contravention occurred—
(a)
the vehicle was not being used in accordance with regulations under section 21A of the Chronically Sick and Disabled Persons Act 1970 (display of non-GB badges); and
(b)
he was not using the vehicle in circumstances falling within section 117(1A)(b) of this Act.
(7)
In this section, “meter bay” means a parking space equipped with a parking meter; and the references in subsection (2) above to the relevant parking meter are references to the parking meter relating to the meter bay in which the vehicle in question was found.
106 Initial experimental period for immobilisation of vehicles.
(1)
Sections 104 and 105 of this Act (referred to below in this section as the principal sections) shall extend only to such areas as the Secretary of State may by order specify; and the power of the Secretary of State to extend those sections to any area is subject to the following provisions of this section.
F620(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F620(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F620(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
F621 . . . for the purposes of the principal sections any order under this section extending those sections to any area may be made for a limited period or without limit of time (subject to variation or revocation by a further order under this section).
F620(6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)
The Secretary of State shall not by order under this section (including any order varying an existing order) extend the principal sections to any area for the first time unless requested to do so by F622the local traffic authority.
F623(8)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)
The power of the Secretary of State to make any order under this section shall be exercisable by statutory instrument which, F621 . . . , shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F620(10)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F624106A Immobilisation of vehicles in London
(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)
“(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.
Enforcement of excess parking charges
107 Liability of vehicle owner in respect of excess parking charge.
(1)
This section applies where—
(a)
an excess charge has been incurred in pursuance of an order under sections 45 and 46 of this Act;
(b)
notice of the incurring of the excess charge has been given or affixed as provided in the order; and
(c)
the excess charge has not been duly paid in accordance with the order;
and in the following provisions of this Part of this Act “the excess charge offence” means the offence under section 47 of this Act of failing duly to pay the excess charge.
(2)
Subject to the following provisions of this section—
(a)
for the purposes of ths institution of proceedings in respect of the excess charge offence against any person as being the owner of the vehicle at the relevant time, and
(b)
in any proceedings in respect of the excess charge offence brought against any person as being the owner of the vehicle at the relevant time,
it shall be conclusively presumed (notwithstanding that that person may not be an individual) that he was the driver of the vehicle at that time and, accordingly, that acts or omissions of the driver of the vehicle at that time were his acts or omissions.
(3)
Subsection (2) above shall not apply in relation to any person unless, within the period of 6 months beginning on the day on which the notice of the incurring of the excess charge was given or affixed as mentioned in subsection (1)(b) above, a notice under section 108 of this Act has been served on him—
(a)
by or on behalf of the authority which is the local authority for the purposes of sections 45 and 46 of this Act in relation to the parking place concerned, or
(b)
by or on behalf of the chief officer of police.
(4)
If the person on whom a notice under section 108 of this Act is served in accordance with subsection (3) above was not the owner of the vehicle at the relevant time, subsection (2) above shall not apply in relation to him if he furnishes a statutory statement of ownership to that effect in compliance with the notice.
(5)
The presumption in subsection (2) above shall not apply in any proceedings brought against any person as being the owner of the vehicle at the relevant time if, in those proceedings, it is proved—
(a)
that at the relevant time the vehicle was in the possession of some other person without the consent of the accused, or
(b)
that the accused was not the owner of the vehicle at the relevant time and that he has a reasonable excuse for failing to comply with the notice under section 108 of this Act served on him in accordance with subsection (3) above.
108 Notice in respect of excess parking charge.
(1)
A notice under this section shall be in the prescribed form, shall give particulars of the excess charge and shall provide that, unless the excess charge is paid before the expiry of the appropriate period, the person on whom the notice is served—
(a)
is required, before the expiry of that period, to furnish to the authority or chief officer of police by or on behalf of whom the notice was served a statutory statement of ownership (as defined in Part I of Schedule 8 to this Act), and
(b)
is invited, before the expiry of that period, to furnish to that authority or chief officer of police a statutory statement of facts (as defined in Part II of that Schedule).
(2)
If, in any case where—
(a)
a notice under this section has been served on any person, and
(b)
the excess charge specified in the notice is not paid within the appropriate period,
the person so served fails without reasonable excuse to comply with the notice by furnishing a statutory statement of ownership he shall be guilty of an offence.
(3)
If, in compliance with or in response to a notice under this section any person furnishes a statement which is false in a material particular, and does so recklessly or knowing it to be false in that particular, he shall be guilty of an offence.
(4)
Where a notice under this section has been served on any person in respect of any excess charge—
(a)
payment of the charge by any person before the date on which proceedings are begun for the excess charge offence, or, as the case may be, for an offence under subsection (2) above in respect of a failure to comply with the notice, shall discharge the liability of that or any other person (under this or any other enactment) for the excess charge offence or, as the case may be, for the offence under subsection (2) above;
(b)
conviction of any person of the excess charge offence shall discharge the liability of any other person (under this or any other enactment) for that offence and the liability of any person for an offence under subsection (2) above in respect of a failure to comply with the notice; and
(c)
conviction of the person so served of an offence under subsection (2) above in respect of a failure to comply with the notice shall discharge the liability of any person for the excess charge offence;
but, except as provided by this subsection, nothing in section 107 of this Act or this section shall affect the liability of any person for the excess charge offence.
109 Modifications of ss. 107 and 108 in relation to hired vehicles.
(1)
This section shall apply where—
(a)
a notice under section 108 of this Act has been served on a vehicle-hire firm, and
(b)
at the relevant time the vehicle in respect of which the notice was served was let to another person by the vehicle-hire firm under a hiring agreement to which this section applies.
(2)
Where this section applies, it shall be a sufficient compliance with the notice served on the vehicle-hire firm if the firm furnishes to the chief officer of police or local authority by or on behalf of whom the notice was served a statement in the prescribed form, signed by or on behalf of the vehicle-hire firm, stating that at the relevant time the vehicle concerned was hired under a hiring agreement to which this section applies, together with—
(a)
a copy of that hiring agreement, and
(b)
a copy of a statement of liability in the prescribed form, signed by the hirer under that hiring agreement;
and accordingly, in relation to the vehicle-hire firm on whom the notice was served, the reference in section 108(2) of this Act to a statutory statement of ownership shall be construed as a reference to a statement under this subsection together with the documents specified in paragraphs (a) and (b) above.
(3)
If, in a case where this section applies, the vehicle-hire firm has complied with the notice served on the firm by furnishing the statement and copies of the documents specified in subsection (2) above, then sections 107 and 108 of this Act shall have effect as if in those provisions—
(a)
any reference to the owner of the vehicle were a reference to the hirer under the hiring agreement, and
(b)
any reference to a statutory statement of ownership were a reference to a statutory statement of hiring.
(4)
Where, in compliance with a notice under section 108 of this Act, a vehicle-hire firm has furnished copies of a hiring agreement and statement of liability as mentioned in subsection (2) above, a person authorised in that behalf by the chief officer of police or local authority to whom the documents are furnished may, at any reasonable time within 6 months after service of that notice, and on production of his authority, require the production by the firm of the originals of those documents; and if, without reasonable excuse, a vehicle-hire firm fails to produce the original of a document when required to do so under this subsection, the firm shall be treated as not having complied with the notice under section 108 of this Act.
(5)
This section applies to a hiring agreement, under the terms of which the vehicle concerned is let to the hirer for a fixed period of less than 6 months (whether or not that period is capable of extension by agreement between the parties or otherwise); and any reference in this section to the currency of the hiring agreement includes a reference to any period during which, with the consent of the vehicle-hire firm, the hirer continues in possession of the vehicle as hirer, after the expiry of the fixed period specified in the agreement, but otherwise on terms and conditions specified in it.
(6)
In this section “statement of liability” means a statement made by the hirer under a hiring agreement to which this section applies to the effect that the hirer acknowledges that he will be liable, as the owner of the vehicle, in respect of any excess charge which, during the currency of the hiring agreement, may be incurred with respect to the vehicle in pursuance of an order under sections 45 and 46 of this Act.
(7)
In this section—
“hiring agreement” refers only to an agreement which contains such particulars as may be prescribed and does not include a hire-purchase agreement within the meaning of the M40Consumer Credit Act 1974, and
“vehicle-hire firm” means any person engaged in hiring vehicles in the course of a business.
110 Time for bringing, and evidence in, proceedings for certain offences.
(1)
Proceedings in England or Wales for an offence under section 108(3) of this Act may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this section more than 3 years after the commission of the offence.
(2)
Proceedings in Scotland for an offence to which subsection (1) above applies shall not be commenced after the expiry of the period of 3 years from the commission of the offence; but, subject to the foregoing limitation, and notwithstanding anything in F625section 136 of the Criminal Procedure (Scotland) Act 1995, any such proceedings may be commenced at any time within 6 months after the date on which evidence sufficient in the opinion of the Lord Advocate to justify the proceedings came to his knowledge or, where such evidence was reported to him by a local authority, within 6 months after the date on which it came to their knowledge; and subsection (3) of the said F626section 136 shall apply for the purposes of this subsection as it applies for the purpose of that section.
(3)
For the purposes of subsections (1) and (2) above a certificate signed by or on behalf of the prosecutor or, as the case may be, the Lord Advocate or the local authority, and stating the date on which evidence such as is mentioned in the subsection in question came to his or their knowledge, shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
(4)
Where any person is charged with the offence of failing to pay an excess charge, and the prosecutor produces to the court any of the statutory statements in Schedule 8 to this Act or a copy of a statement of liability (within the meaning of section 109 of this Act) purporting—
(a)
to have been furnished in compliance with or in response to a notice under section 108 of this Act, and
(b)
to have been signed by the accused,
the statement shall be presumed, unless the contrary is proved, to have been signed by the accused and shall be evidence (and, in Scotland, sufficient evidence) in the proceedings of any facts stated in it tending to show that the accused was the owner, the hirer or the driver of the vehicle concerned at a particular time.
111 Supplementary provisions as to excess charges.
(1)
The provisions of Schedule 8 to this Act shall have effect for the purposes of sections 107 to 109 of this Act (in this section referred to as “the specified sections”).
(2)
In the specified sections—
“appropriate period”, in relation to a notice under section 108 of this Act, means the period of 14 days from the date on which the notice is served, or such longer period as may be specified in the notice or as may be allowed by the chief officer of police or authority by or on behalf of whom the notice is served;
“driver”, in relation to an excess charge and in relation to an offence of failing duly to pay such a charge, means the person driving the vehicle at the time when it is alleged to have been left in the parking place concerned;
“relevant time”, in relation to an excess charge, means the time when the vehicle was left in the parking place concerned, notwithstanding that the period in respect of which the excess charge was incurred did not begin at that time.
(3)
For the purposes of the specified sections the owner of a vehicle shall be taken to be the person by whom the vehicle is kept; and for the purpose of determining, in the course of any proceedings brought by virtue of the specified sections, who was the owner of the vehicle at any time, it shall be presumed that the owner was the person who was the registered keeper of the vehicle at that time.
(4)
Notwithstanding the presumption in subsection (3) above, it shall be open to the defence in any proceedings to prove that the person who was the registered keeper of a vehicle at a particular time was not the person by whom the vehicle was kept at that time, and it shall be open to the prosecution to prove that the vehicle was kept by some other person at that time.
(5)
A notice under section 108 of this Act may be served on any person—
(a)
by delivering it to him or by leaving it at his proper address, or
(b)
by sending it to him by post;
and, where the person on whom such a notice is to be served is a body corporate, it shall be duly served if it is served on the secretary or clerk of that body.
(6)
For the purposes of subsection (5) above and of section 7 of the M41Interpretation Act 1978 (references to service by post) in its application to that subsection, the proper address of any person on whom such a notice is to be served—
(a)
shall, in the case of the secretary or clerk of a body corporate, be that of the registered or principal office of that body or the registered address of the person who is the registered keeper of the vehicle concerned at the time of service, and
(b)
shall in any other case be the last known address of the person to be served.
(7)
References in this section to the person who was or is the registered keeper of a vehicle at any time are references to the person in whose name the vehicle was or is at that time registered under F627the Vehicle Excise and Registration Act 1994; and, in relation to any such person, the reference in subsection (6)(a) above to that person’s registered address is a reference to the address recorded in the record kept under the Act with respect to that vehicle as being that person’s address.
(8)
For the purposes of sections 1(2) and 2(1) of the M42Magistrates’ Courts Act 1980 (power to issue summons or warrant and jurisdiction to try offences), any offence under subsection (2) of section 108 of this Act shall be treated as committed at any address which at the time of service of the notice under that section to which the offence relates was the accused’s proper address (in accordance with subsection (6) above) for the service of any such notice as well as at the address to which any statutory statement furnished in response to that notice is required to be returned in accordance with the notice.
Part IX Further Provisions as to Enforcement
General provisions
112 Information as to identity of driver or rider.
(1)
This section applies to any offence under any of the foregoing provisions of this Act except—
(a)
sections 43, 52, 88(7), 104, 105 and 108;
(b)
the provisions of subsection (2) or (3) of section 108 as modified by subsections (2) and (3) of section 109; and
(c)
section F62835A(5) in its application to England and Wales.
(2)
Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies—
(a)
the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give—
(i)
by or on behalf of a chief officer of police, or
(ii)
in the case of an offence under section F62935A(1) or against section 47 of this Act, by or on behalf of a chief officer of police or, in writing, by or on behalf of the local authority for the parking place in question; and
(b)
any other person shall, if required as mentioned in paragraph (a) above, give any information which it is in his power to give and which may lead to the identification of the driver.
(3)
In subsection (2) above, references to the driver of a vehicle include references to the person riding a bicycle or tricycle (not being a motor vehicle); and—
F630(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
in relation to an offence under section 61(5) of this Act, subsection (2)(a) above shall have effect as if, for sub-paragraphs (i) and (ii), there were substituted the words “by a notice in writing given to him by a local authority in whose area the loading area in question is situated”,
and in subsection (2)(a) above, as modified by paragraph (b) of this subsection, “local authority” means any of the following, that is to say, a county council, F631. . . , a district council, a London borough council and the Common Council of the City of London.
(4)
Except as provided by subsection (5) below, a person who fails to comply with the requirements of subsection (2)(a) above shall be guilty of an offence unless he shows to the satisfaction of the court that he did not know, and could not with reasonable diligence have ascertained, who was the driver of the vehicle or, as the case may be, the rider of the bicycle or tricycle; and a person who fails to comply with the requirements of subsection (2)(b) above shall be guilty of an offence.
(5)
As regards Scotland, subsection (4) above shall not apply where the offence of which the driver of the vehicle is alleged to be guilty is an offence under section 61(5) of this Act.
F632113, 114.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
115 Mishandling of parking documents and related offences.
F633(1)
A person shall be guilty of an offence who, with intent to deceive—
(a)
uses, or lends to, or allows to be used by, any other person,—
(i)
any parking device or apparatus designed to be used in connection with parking devices;
(ii)
any ticket issued by a parking meter, parking device or apparatus designed to be used in connection with parking devices;
(iii)
any authorisation by way of such a certificate, other means of identification or device as is referred to in any of sections 4(2), 4(3), 7(2) and 7(3) of this Act; or
(iv)
any such permit or token as is referred to in section 46(2)(i) of this Act;
(b)
makes or has in his possession anything so closely resembling any such thing as is mentioned in paragraph (a) above as to be calculated to deceive; or
(c)
in Scotland, forges or alters any such thing as is mentioned in that paragraph.
(2)
A person who knowingly makes a false statement for the purpose of procuring the grant or issue to himself or any other person of any such authorisation as is mentioned in subsection (1) above shall be guilty of an offence.
F634(2A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
Summary proceedings in Scotland for an offence under this section may be brought—
(a)
within a period of 6 months from the date of the commission of the alleged offence, or
(b)
within a period which exceeds neither 3 months from the date in which it came to the knowledge of the procurator fiscal that the offence had been committed nor one year from the date of the commission of the offence,
whichever period is the longer.
116 Provisions supplementary to s. 115.
(1)
If any person authorised in that behalf by or under a designation order has reasonable cause to believe that a document or article carried on a vehicle, or by the driver or person in charge of a vehicle, is a document or article in relation to which an offence has been committed under subsection (1) of section 115 of this Act (so far as that subsection relates to such authorisations as are referred to in it) or under subsection (2) of that section, he may detain that document or article, and may for that purpose require the driver or person in charge of the vehicle to deliver up the document or article; and if the driver or person in charge of the vehicle fails to comply with that requirement, he shall be guilty of an offence.
(2)
When a document or article has been detained under subsection (1) above and—
(a)
at any time after the expiry of 6 months from the date when that detention began no person has been charged since that date with an offence in relation to the document or article under subsection (1) or (2) of section 115 of this Act, and
(b)
the document or article has not been returned to the person to whom the authorisation in question was issued or to the person who at that date was the driver or person in charge of the vehicle,
then, on an application made for the purpose to a magistrates’ court (or, in Scotland, on a summary application made for the purpose to the sheriff court), the court shall make such order respecting disposal of the document or article and award such costs (or, in Scotland, expenses) as the justice of the case may require.
(3)
Any of the following, but no other, persons shall be entitled to make an application under subsection (2) above with respect to a document or article, that is to say—
(a)
the person to whom the authorisation was issued;
(b)
the person who, at the date when the detention of the document or article began, was the driver or person in charge of the vehicle; and
(c)
the person for the time being having possession of the document or article.
117 Wrongful use of disabled person’s badge.
F635 (1)
A person who at any time acts in contravention of, or fails to comply with, any provision of an order under this Act relating to the parking of motor vehicles is also guilty of an offence under F636this subsection if at that time—
(a)
there was displayed on the motor vehicle in question a badge purporting to be F637 in valid form, within the meaning given by section 21(1A) of the M43 Chronically Sick and Disabled Persons Act 1970, and
(b)
he was using the vehicle in circumstances where a disabled person’s concession would be available to a disabled person’s vehicle,
but he shall not be guilty of an offence under F636this subsection if the badge was issued under that section and displayed in accordance with regulations made under it.
F638(1ZA)
In subsection (1) in its application to the use of a vehicle in England and Wales, the reference to a badge issued under section 21 of the Chronically Sick and Disabled Persons Act 1970 is to be read as not including a badge that—
(a)
should have been returned to the issuing authority in compliance with regulations under subsection (6) of that section or a notice under subsection (7A)(b) of that section, or
(b)
has been cancelled under subsection (7AB) of that section.
F639(1A)
A person who at any time acts in contravention of, or fails to comply with, any provision of an order under this Act relating to the parking of motor vehicles is also guilty of an offence under this subsection if at that time—
(a)
there was displayed on the motor vehicle in question a badge purporting to be a recognised badge, and
(b)
he was using the vehicle in circumstances where a concession would, by virtue of section 21B of the Chronically Sick and Disabled Persons Act 1970, be available to a vehicle lawfully displaying a recognised badge,
but he shall not be guilty of an offence under this subsection if the badge was a recognised badge and displayed in accordance with regulations made under section 21A of that Act.
(3)
In this section—
F640 . . .
“disabled person’s concession” means—
- (a)
an exemption from an order under this Act given by reference to disabled persons’ vehicles; or
- (b)
a provision made in any order under this Act for the use of a parking place by disabled persons’ vehicles.
- (a)
F641“recognised badge” has the meaning given in section 21A of the Chronically Sick and Disabled Persons Act 1970.
117 Wrongful use of disabled person’s badge
F635(1)
A person who at any time acts in contravention of, or fails to comply with, any provision of an order under this Act relating to the parking of motor vehicles is also guilty of an offence under this section if at that time—
(a)
there was displayed on the motor vehicle in question a badge F637in valid form, within the meaning given by section 21(1A) of the M43Chronically Sick and Disabled Persons Act 1970, and
(b)
he was using the vehicle in circumstances where a disabled person’s concession would be available to a disabled person’s vehicle,
but he shall not be guilty of an offence under this section if the badge was issued under that section and displayed in accordance with regulations made under it.
F638(1ZA)
In subsection (1) in its application to the use of a vehicle ..., the reference to a badge issued under section 21 of the Chronically Sick and Disabled Persons Act 1970 is to be read as not including a badge that—
(a)
should have been returned to the issuing authority in compliance with regulations under subsection (6) of that section or a notice under subsection (7A)(b) of that section, or
(b)
has been cancelled under subsection (7AB) of that section.
(3)
In this section—
F640 . . .
“disabled person’s concession” means—
- (a)
an exemption from an order under this Act given by reference to disabled persons’ vehicles; or
- (b)
a provision made in any order under this Act for the use of a parking place by disabled persons’ vehicles.
- (a)
F642118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Special provisions relating to Scotland
119 Aiding and abetting.
As respects Scotland, a person who aids, abets, counsels, procures or incites any other person to commit an offence against the provisions of this Act or any regulations made under it shall be guilty of an offence and shall be liable on conviction to the same punishment as might be imposed on conviction of the first-mentioned offence.
F643120, 121.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part X General and Supplementary Provisions
F644121A Traffic authorities.
(1)
The Secretary of State is the traffic authority—
F645(a)
for every highway in England and Wales for which he is the highway authority within the meaning of the Highways Act 1980, F646and
(b)
for every road in Scotland in relation to which he exercises functions relating to the matters reserved by paragraph (c) of Section E1 of Schedule 5 to the Scotland Act 1998.
F647(1AA)
The roads authority (as defined in section 151(1) of the M44Roads (Scotland) Act 1984) is the traffic authority for every road in Scotland.
F648(1AB)
A strategic highways company is the traffic authority for every highway for which it is the highway authority within the meaning of the Highways Act 1980.
F649 (1A)
The Scottish Ministers are the traffic authority for every road in Scotland for which they are the roads authority within the meaning of the Roads (Scotland) Act 1984.
F650 (1A)
Transport for London is the traffic authority for every GLA road.
(2)
In Greater London, the council of the London borough or the Common Council of the City of London are the traffic authority for all roads in the borough or, as the case may be, in the City F651which are not GLA roads and for which the Secretary of State F652or a strategic highways company is not the traffic authority.
(3)
In England and Wales outside Greater London, the council of the county or metropolitan district are the traffic authority for all roads in the county or, as the case may be, the district for which the Secretary of State F653or a strategic highways company is not the traffic authority.
F654(4)
In Scotland, the F655 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 are the traffic authority in relation to all roads within their area for which the Secretary of State is not the traffic authority.
(5)
In this Act “local traffic authority” means a traffic authority other than
F656(a)
(b)
in relation to Scotland, the Secretary of State or the Scottish Ministers.
F659121B London borough council exercising powers so as to affect another traffic authority’s roads.
(1)
No London borough council shall exercise any power under this Act in a way which will affect, or be likely to affect,—
(a)
a GLA road, or
F660(aa)
a strategic road,
(b)
a road in another London borough, F661other than a GLA road or strategic road
unless the requirements of subsections (2) and (3) below have been satisfied.
(2)
The first requirement is that the council has given notice of the proposal to exercise the power in the way in question—
(a)
to Transport for London; and
(b)
in a case where the road concerned is in another London borough, to the council for that borough.
(3)
The second requirement is that—
(a)
the proposal has been approved
F662(i)
in the case of a GLA road, by Transport for London;
(ii)
in the case of a strategic road, by Transport for London and, where the road concerned is in another London borough, the council for that borough;
(iii)
in the case of a road within subsection (1)(b), by the London borough council concerned; or
(b)
the period of one month beginning with the date on which Transport for London and, where applicable, the council received notice of the proposal has expired without Transport for London or the council having objected to the proposal; or
(c)
any objection made by Transport for London or the council has been withdrawn; or
(d)
where an objection has been made by Transport for London or a London borough council and not withdrawn, the Greater London Authority has given its consent to the proposal after consideration of the objection.
F663(3A)
References in paragraphs (b) to (d) of subsection (3) to objections are to objections made by a person who, in the circumstances, has the power to give an approval under paragraph (a) of that subsection.
(4)
Before deciding whether to give any consent for the purposes of subsection (3)(d) above, the Greater London Authority may cause a public inquiry to be held.
(5)
If Transport for London has reason to believe—
(a)
that a London borough council is proposing to exercise a power under this Act in a way which will affect, or be likely to affect,
F664(i)
a GLA road,
(ii)
a strategic road, or
(iii)
a road in another London borough other than a GLA road or strategic road, and
(b)
that notice of the proposal is required to be, but has not been, given in accordance with subsection (2) above,
Transport for London may give a direction to the council requiring it not to proceed with the proposal until the requirements of subsections (2) and (3) above have been satisfied.
(6)
If a London borough council exercises any power in contravention of this section, Transport for London may take such steps as it considers appropriate to reverse or modify the effect of the exercise of that power.
(7)
For the purposes of subsection (6) above, Transport for London shall have power to exercise any power of the London borough council on behalf of that council.
(8)
Any reasonable expenses incurred by Transport for London in taking any steps under subsection (6) above shall be recoverable by Transport for London from the London borough council concerned as a civil debt.
(9)
The Mayor of London may issue a direction dispensing with the requirements of subsections (2) and (3) above in such circumstances as may be specified in the direction.
(10)
A direction under subsection (9) above may, in particular, dispense with those requirements as respects—
(a)
all or any of the London borough councils;
(b)
all or any of the GLA roads F665or strategic roads ;
(c)
all or any of the roads which are F666not GLA roads, strategic roads or trunk roads;
(d)
the exercise of such powers as may be specified in the direction in such manner or circumstances as may be so specified.
(11)
Any direction under subsection (9) above may be varied or revoked by a further direction under that subsection.
(12)
For the purposes of this section—
(a)
the City of London shall be treated as if it were a London borough;
(b)
the Common Council shall be treated as if it were the council for a London borough; and
(c)
the Inner Temple and the Middle Temple shall be treated as forming part of the City.
F667(13)
In this section “ strategic road ” has the meaning given by section 60 of the Traffic Management Act 2004.
F668121C Functions of GLA under this Act to be exercisable by the Mayor.
(1)
The functions of the Greater London Authority under this Act shall be functions of the Authority which are exercisable by the Mayor of London acting on behalf of the Authority.
(2)
Subsection (1) above does not apply in relation to any function expressly conferred or imposed on, or made exercisable by, the London Assembly.
122 Exercise of functions by F669strategic highways companies or local authorities.
(1)
It shall be the duty of F670every F671strategic highways company and local authority upon whom functions are conferred by or under this Act, so to exercise the functions conferred on them by this Act as (so far as practicable having regard to the matters specified in subsection (2) below) to secure the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians) and the provision of suitable and adequate parking facilities on and off F672the highway or, in Scotland the road.
(2)
The matters referred to in subsection (1) above as being specified in this subsection are—
(a)
the desirability of securing and maintaining reasonable access to premises;
(b)
the effect on the amenities of any locality affected and (without prejudice to the generality of this paragraph) the importance of regulating and restricting the use of roads by heavy commercial vehicles, so as to preserve or improve the amenities of the areas through which the roads run;
F673 (bb)
the strategy prepared under section 80 of the Environment Act 1995 (national air quality strategy);
(c)
the importance of facilitating the passage of public service vehicles and of securing the safety and convenience of persons using or desiring to use such vehicles; and
F676 (3)
The duty imposed by subsection (1) above is subject to the provisions of Part II of the Road Traffic Act 1991.
F677122A Prospective exercise of powers.
(1)
Any power under this Act to make an order or give a direction may be exercised before the road to which it relates is open for public use, so as to take effect immediately on the road’s becoming open for public use.
(2)
The procedure for making an order or giving a direction applies in such a case with such modifications as may be prescribed.
F678123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
124 Provisions as to certain orders.
(1)
The provisions of Parts I to VI of Schedule 9 to this Act shall have effect as follows in relation to the making, variation, revocation and validity of orders under the provisions of this Act mentioned in Parts I to VI of that Schedule, that is to say—
(a)
Part I of that Schedule shall have effect for the purpose of conferring on the F679 national authority powers in relation to the making of orders under the provisions of this Act mentioned in that Part of the Schedule;
(b)
Part II of that Schedule shall have effect for requiring the consent of the F679national authority to certain orders and for making provision as to the manner of giving such consent;
(c)
Part III of that Schedule shall have effect as to procedure in connection with certain orders;
(d)
Part IV of that Schedule shall have effect with respect to the variation or revocation of certain orders;
(e)
Part V of that Schedule shall have effect for requiring consultation with traffic commissioners before orders are made under section 19 or 38(1)(a) of this Act; and
(f)
part VI of that Schedule shall have effect as to the validity of orders under sections 1, 6, 9, 19, 32, 37 and 38 of this Act and of designation orders.
(2)
F682124AGLA side roads.
(1)
The Secretary of State may by order designate roads or proposed roads as roads which are to be GLA side roads.
(2)
Any road or proposed road so designated shall become a GLA side road on such date as may be specified in the order.
(3)
A road may only be a GLA side road if it has a junction with—
(a)
a GLA road; or
(b)
another road which has a junction with a GLA road.
(4)
A road or proposed road shall not be a GLA side road if it is a trunk road or other highway for which the Secretary of State F683or a strategic highways company is the highway authority.
(5)
A road may only be a GLA side road if and to the extent that the appropriate authority considers it appropriate for the road to be a GLA side road in the interests of the management of traffic and the control of the waiting and loading of vehicles on or in the immediate vicinity of GLA roads.
(6)
The Secretary of State may by order make provision for or in connection with applying in relation to GLA side roads, with such modifications as he thinks fit, the provisions of sections 14B and 14C of the M45 Highways Act 1980 (orders changing what are GLA roads and certification and records of GLA roads).
(7)
The provision that may be made under subsection (6) above is subject to subsections (3) to (5) above.
(8)
In this section “ the appropriate authority ” means—
(a)
in relation to an order under subsection (1) above, the Secretary of State;
F684(b)
in relation to an order made under section 124B of this Act, the Mayor of London;
(c)
in relation to confirmation of such an order by the Secretary of State under that section as so applied, the Secretary of State.
(9)
Any reference in any provision of this Act or any other enactment to a GLA side road shall be construed as a reference to a road in Greater London which is for the time being a GLA side road by virtue of—
(a)
an order made by the Secretary of State under subsection (1) above; or
F685(b)
an order made by the Greater London Authority under section 124B of this Act.
(10)
Any functions conferred or imposed on the Greater London Authority in relation to GLA side roads shall be functions of the Authority which are exercisable by the Mayor of London acting on behalf of the Authority.
(11)
Subsection (10) above does not apply in relation to any functions expressly conferred on the London Assembly.
F686(11A)
In this section, notwithstanding section 142(4) of this Act, a reference to a GLA road shall not include a reference to a GLA side road.
(12)
Any power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument; and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F687124B Orders of the Authority changing what are GLA side roads.
(1)
The Mayor of London shall keep under review the roads and proposed roads which have junctions with GLA roads or with other roads having such junctions and shall consider the extent to which such roads should be or cease to be GLA side roads.
(2)
If the Mayor of London considers it expedient—
(a)
that any road or proposed road in Greater London, other than a trunk road or other road for which the Secretary of State F688or a strategic highways company is the highway authority, should become a GLA side road, or
(b)
that any GLA side road should cease to be such a road and should become a road for which the traffic authority is a London borough council or the Common Council of the City of London,
the Greater London Authority may by order direct that that road or proposed road shall become, or (as the case may be) that that GLA side road shall cease to be, a GLA side road as from such date as may be specified in that behalf in the order.
(3)
Where an order under subsection (2) above directs that a road or proposed road shall become a GLA side road, it shall become such a road as from the date specified in that behalf in the order.
(4)
Where an order under subsection (2) above directs that a GLA side road shall cease to be such a road, then, as from the date specified in that behalf in the order, the road shall cease to be a GLA side road and the following authority, that is to say—
(a)
where the road is situated in a London borough, the council for the London borough, and
(b)
where the road is situated in the City of London, the Common Council of the City of London,
shall become the traffic authority for the road.
(5)
An order under subsection (2) above shall be of no effect unless—
(a)
it is made with the consent of the relevant traffic authority; or
(b)
if that consent is refused, it is confirmed (with or without modification) by the Secretary of State.
(6)
For the purposes of subsection (5) above, the relevant traffic authority is—
(a)
in the case of an order directing that a road or proposed road shall become a GLA side road, the authority that is the traffic authority for the road or proposed road; and
(b)
in the case of an order directing that a GLA side road shall cease to be such a road, the authority that will become the traffic authority for the road in consequence of the order.
(7)
An order under subsection (2) above may vary, revoke or re-enact with or without modifications—
(a)
any other order under that subsection (whether or not that other order was confirmed by the Secretary of State); or
(b)
an order of the Secretary of State under section 124A(1) of this Act.
(8)
Where a GLA side road becomes a GLA road it shall cease to be a GLA side road.
(9)
In this section, notwithstanding section 142(4) of this Act, a reference to a GLA road does not include a reference to a GLA side road.
F689124C Certification and records of GLA side roads.
(1)
A certificate by or on behalf of Transport for London that any road or proposed road is, or is not, for the time being a GLA side road shall be evidence of the facts stated in the certificate.
(2)
A certificate under subsection (1) above may describe the road or proposed road in question by reference to a map.
(3)
Transport for London shall prepare and maintain a record of the roads which are for the time being GLA side roads.
(4)
The record required to be prepared and maintained under subsection (3) above may consist of—
(a)
a list;
(b)
a map; or
(c)
a list and a map.
(5)
Transport for London shall deposit a copy of that record with the Greater London Authority, each of the London borough councils and the Common Council of the City of London.
(6)
Transport for London, and the Greater London Authority, each of the London borough councils and the Common Council of the City of London, shall make the record, or (as the case may be) the copies of the record deposited with them, available for inspection by the public at all reasonable hours.
(7)
The record prepared and maintained by Transport for London under this section may be combined with the record which it is required to prepare and maintain under section 14C of the Highways Act 1980.
125 Boundary roads.
(1)
For the purposes of sections 6(1) and (2), 9, 73, 82(2) and 84(1) and (3) of this Act, where any part of the width of a road is in Greater London, the whole width of the road shall be deemed to be in Greater London.
(2)
Subject to subsection (1) above, any powers which, under the provisions specified in subsection (3) below, are exercisable by a local authority as respects a road (including powers exercisable by such an authority as highway authority) shall, in the case of a road part of the width of which is in the area of one local authority and part in the area of another, be exercisable by either authority with the consent of the other.
(3)
The provisions referred to in subsection (2) above are sections 1(2), 9, 14, 19(1), 23(1), 29(1), F690 . . .32(1), 57(1) and (2), 68, 82(2) and 84.
(4)
(5)
This section does not extend to Scotland.
126 Exercise of powers as respects part of width of road.
(1)
Any power which is exercisable in relation to any road under the provisions specified in subsection (2) below, otherwise than by virtue of section 125 of this Act, shall be exercisable with respect to the whole or any part of the width of the road.
(2)
The provisions referred to in subsection (1) above are sections 9, 67(3), 82, 83, 84, 88 and 92 of this Act.
127 Footpaths, bridleways F693, restricted byways and byways open to all traffic.
(1)
In relation to any footpath, bridleway F694, restricted byway or byway open to all traffic—
(a)
any reference in section 2(3) or 14 of this Act to pedestrians shall be construed as including a reference to persons to whom subsection (2) below applies, and
(b)
any reference in any provision of this Act (except this section) to traffic shall be construed as including a reference to pedestrians and to persons to whom that subsection applies.
(2)
This subsection applies to any person driving, riding or leading a horse or other animal of draught or burden.
(3)
In this section—
(a)
“footpath” does not include a highway over which the public have a right of way on foot only which is at the side of a public road; and
(b)
“byway open to all traffic” means a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purpose for which footpaths and bridleways are so used.
(4)
For the purposes of this section a highway at the side of a river, canal or inland navigation shall not be excluded from the definition of a footpath, bridleway F694, restricted byway or byway open to all traffic by reason only that the public have a right to use the highway for purposes of navigation, if the highway would fall within that definition if the public had no such right.
(5)
This section does not extend to Scotland.
128 Power to hold inquiries.
F695. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
129 General provisions as to inquiries.
F696. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
130 Application of Act to Crown.
(1)
Subject to the provisions of this section and section 132 of this Act, the provisions of this Act specified in subsection (2) below shall apply to vehicles and persons in the public service of the Crown.
(2)
The provisions referred to in subsection (1) above are—
(a)
(b)
except in relation to vehicles and persons in the armed forces of the Crown when on duty, sections 6 to 8; and
F700(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
In relation to vehicles used for naval, military or air force purposes, while being driven by persons for the time being subject to the orders of a member of the armed forces of the Crown, the Secretary of State may by regulations vary the provisions of any statutory provision imposing a speed limit on motor vehicles; but regulations under this subsection may provide that any variation made by the regulations shall have effect subject to such conditions as may be specified in the regulations.
F700(4), (5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
131 Application of road traffic enactments to Crown roads.
(1)
The F701relevant authority may, with the consent of the appropriate Crown authority or authorities concerned, by order direct that, subject to subsection (3) below and to such exceptions, adaptations and modifications appearing to F702the relevant authority to be necessary or expedient as may be specified in the order, all or any of the road traffic enactments shall apply to all Crown roads, or to any specified Crown road or Crown roads, or to Crown roads of a specified class, as they apply in relation to other roads to which the public has access.
(2)
Without prejudice to the generality of subsection (1) above, but subject to subsection (3) below, any order under subsection (1) above with respect to any of the road traffic enactments may in particular include provision—
(a)
(b)
for enabling power to make an order, regulation or scheme under the enactment in question with respect to a Crown road, which would otherwise be exercisable by a local authority or F703local traffic authority, to be exercised instead by the F701relevant authority , and for requiring the consent of the F701relevant authority to the variation or revocation by any other authority of such an order, regulation or scheme made by F704the relevant authority ;
(c)
for a certificate of the appropriate Crown authority or of the F701relevant authority that F705the appropriate Crown authority or F701relevant authority has, or has not, consented to the doing of anything for which under the order or under this section the consent of F705the appropriate Crown authority or (as the case may be) of the F701relevant authority is required to be evidence (and, in Scotland, sufficient evidence) of the facts stated;
(d)
for exempting from any provision of the enactment in question persons and vehicles on a Crown road in the service of the Crown or of an agent of the Crown.
(3)
No order, regulation or scheme in relation to a Crown road shall be made, varied or revoked under any of the road traffic enactments by virtue of an order under subsection (1) above except by, or with the consent of, the appropriate Crown authority.
(4)
With a view to the avoidance of doubt, the road traffic enactments specified in an order under subsection (1) above may include any provision of those enactments notwithstanding that it would have applied in relation to Crown roads apart from the making of the order; and inclusion in the order of a provision which would so have applied shall not prejudice anything done under that provision in relation to a Crown road before the coming into operation of the order.
(5)
Any power to make an order under subsection (1) above shall be exercisable by statutory instrument which shall be suabject to annulment in pursuance of a resolution of either House of Parliament.
(6)
Subsection (1) above shall have effect without prejudice to the provisions of section 132 of this Act in relation to certain Crown roads; and nothing in this section shall prejudice any enactment (in addition to this section and that section) which relates to Crown roads.
(7)
In this section and in section 132 of this Act—
(a)
“appropriate Crown authority”, in relation to a Crown road—
(i)
in the case of a road on land belonging to Her Majesty in right of the Crown, means the Crown Estate Commissioners or other government department having the management of that land F706or the relevant person ;
(ii)
in the case of a road on land belonging to Her Majesty in right of the Duchy of Lancaster, means the Chancellor of the Duchy;
(iii)
in the case of a road on land belonging to the Duchy of Cornwall, means such person as the Duke of Cornwall or the possessor for the time being of the Duchy of Cornwall appoints;
(iv)
in the case of a road on land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that department;
and if any question arises under this paragraph as to what authority is the appropriate Crown authority in relation to any Crown road, that question shall be referred to the Treasury, whose decision shall be final;
(b)
“Crown road” means a road, other than F707a highway or, in Scotland a public road, to which the public has access by permission granted by the appropriate Crown authority or otherwise granted by or on behalf of the Crown; and
(c)
“road traffic enactments” means enactments (whether passed before or after or contemporaneously with or contained in this Act) relating to road traffic, including the lighting and parking of vehicles, and any order or other instrument having effect by virtue of any such enactment.
F708(8)
In this section “relevant authority”—
(a)
in relation to functions under this section so far as exercisable within devolved competence (within the meaning of the Scotland Act 1998), means the Scottish Ministers;
(b)
otherwise, means the Secretary of State.
F709(9)
In this section, “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.
132 Special provisions as to certain Crown roads.
(1)
In the following provisions of this section, references to a Crown road are references to a Crown road of a description mentioned in subsection (1)(a) or (b) of section 22 of this Act.
(2)
Subject to the following provisions of this section, section 1 of this Act, as applied for the purposes set out in section 22(2) of this Act, shall have effect so as to authorise the making of a traffic regulation order as respects any Crown road, and an order (hereafter in this section also referred to as a “traffic regulation order”) may be made under section 22(3) as respects any Crown road.
(3)
The consent of the appropriate Crown authority must be given before a traffic regulation order is made by virtue of subsection (2) above as respects a Crown road.
(4)
A traffic regulation order made by virtue of subsection (2) above as respects a Crown road shall not apply to vehicles or persons in the public service of the Crown except so far as is expressly provided in the order, and the inclusion of any such express provision in an order not made by the Secretary of State shall require his approval.
(5)
If a traffic regulation order is or is to be made by virtue of subsection (2) above as respects a Crown road, F710the traffic authority may, after consultation with the appropriate Crown authority, place and maintain, or cause to be placed and maintained, such traffic signs of any type prescribed, or authorised, under section 64 of this Act as F711the traffic authority may consider necessary in connection with the order.
The powers conferred by this subsection shall be exercisable subject to and in conformity with any general directions given under section 65(1) of this Act, F712and any other power conferred by section 65 to give directions to a local traffic authority includes power to give the like directions to them as respects the Crown road , but after consultation with the appropriate Crown authority.
F713(6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F714132A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F715132AA Royal Parks or highways in London affected by proposals relating to the other.
(1)
The Secretary of State shall not exercise any of his functions in relation to the management of roads or traffic in a Royal Park in such a way as to affect a highway in Greater London unless he has consulted—
(a)
the traffic authority for the highway, and
(b)
Transport for London,
about the exercise of those functions in that way.
(2)
The duty imposed by subsection (1) above shall not apply if it would not be reasonably practicable for the Secretary of State to consult the traffic authority or Transport for London before exercising functions; but, in such a case, as soon as practicable after so exercising functions the Secretary of State shall inform the traffic authority and Transport for London that those functions have been so exercised.
(3)
A traffic authority shall not exercise any of its functions in relation to a highway in Greater London in such a way as to affect a Royal Park unless it has consulted the Secretary of State about the exercise of those functions in that way.
(4)
The duty imposed by subsection (3) above shall not apply if it would not be reasonably practicable for the traffic authority to consult the Secretary of State before exercising functions; but, in such a case, as soon as practicable after so exercising functions the highway authority shall inform the Secretary of State that those functions have been so exercised.
(5)
In this section “ Royal Park ” means any park to which the M46 Parks Regulation Act 1872 applies (see sections 1 and 3 of the M47 Parks Regulation (Amendment) Act 1926).
133 Vehicles used for marine salvage.
(1)
Subsection (3) of section 130 of this Act shall have effect in relation to motor vehicles used for salvage purposes pursuant to F716Part IX of the Merchant Shipping Act 1995 as it has effect in relation to vehicles used for naval, military or air force purposes while being driven as mentioned in that subsection.
(2)
In this section “salvage” means the preservation of a vessel which is wrecked, stranded or in distress, or the lives of persons belonging to, or the cargo or apparel of, such a vessel.
134 Provisions as to regulations.
(1)
(2)
(3)
A statutory instrument whereby any such power as is mentioned in subsection (1) above is exercised (other than the power conferred by sections 86, 97 F723, 101B or 140 of this Act) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F724(3A)
Before making regulations under section 25, 64 or 87(1)(b) the Secretary of State must consult with the Scottish Ministers.
(4)
Regulations madeF725by the Secretary of State under section 86 or section 140 of this Act shall not have effect unless approved by a resolution of each House of Parliament.
(5)
No regulations shall be made under section 97 F726or section 101B of this Act unless a draft has been laid before Parliament and has been approved by a resolution of each House of Parliament.
F727(6)
Regulations made by the Scottish Ministers under this Act (except section 86) are subject to the negative procedure.
(7)
Before making regulations under section 25, 64 or 87(1)(b) the Scottish Ministers must consult with the Secretary of State.
(8)
Before making regulations under this Act, except section 82(1)(b), the Scottish Ministers must consult with such representative organisations as they think fit.
134 Provisions as to regulations.
(1)
(2)
(3)
A statutory instrument whereby any such power as is mentioned in subsection (1) above is exercised (other than the power conferred by sections 86, 97 , 101B or 140 of this Act) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F724(3A)
Before making regulations under section 25, 64 or 87(1)(b) the Secretary of State must consult with the Scottish Ministers.
(4)
Regulations made F725by the Secretary of State under section 86 , 132A or 140 of this Act shall not have effect unless approved by a resolution of each House of Parliament.
(5)
No regulations shall be made under section 97 or section 101B of this Act unless a draft has been laid before Parliament and has been approved by a resolution of each House of Parliament.
F727(6)
Regulations made by the Scottish Ministers under this Act (except section 86) are subject to the negative procedure.
(7)
Before making regulations under section 25, 64 or 87(1)(b) the Scottish Ministers must consult with the Secretary of State.
(8)
Before making regulations under this Act, except section 82(1)(b), the Scottish Ministers must consult with such representative organisations as they think fit.
135 Application of Act to Isles of Scilly.
(1)
The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order made by statutory instrument provide that any provision of this Act specified in the order shall apply to the Isles, subject to such modifications as may be so specified, as if the Isles were a separate county or a district.
(2)
Subsection (1) above shall have effect without prejudice to the operation of section 265 of the M48Local Government Act 1972 (which relates to the application of that Act to the Isles of Scilly) or of any order made under that section.
136 Meaning of “motor vehicle” and other expressions relating to vehicles.
(1)
In this Act, subject to section 20 of the M49Chronically Sick and Disabled Persons Act 1970 (which makes special provision with respect to invalid carriages), “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, and “trailer” means a vehicle drawn by a motor vehicle.
(2)
In this Act “motor car” means a mechanically propelled vehicle, not being a motor cycle or an invalid carriage, which is constructed itself to carry a load or passengers and of which the weight unladen—
(a)
if it is constructed solely for the carriage of passengers and their effects, is adapted to carry not more than 7 passengers exclusive of the driver, and is fitted with tyres of such type as may be specified in regulations made by the Secretary of State, does not exceed 3050 kilograms;
(b)
if it is constructed or adapted for use for the conveyance of goods or burden of any description, does not exceed 3050 kilograms (or 3500 kilograms if the vehicle carries a container or containers for holding, for the purposes of its propulsion, any fuel which is wholly gaseous at 17·5 degrees Celsius under a pressure of 1·013 bar or plant and materials for producing such fuel); or
(c)
in a case falling within neither of the foregoing paragraphs, does not exceed 2540 kilograms.
(3)
In this Act “heavy motor car” means a mechanically propelled vehicle, not being a motor car, which is constructed itself to carry a load or passengers and of which the weight unladen exceeds 2540 kilograms.
(4)
In this Act (except for the purposes of F728sections 57 and 63) “motor cycle” means a mechanically propelled vehicle (not being an invalid carriage) with fewer than 4 wheels, of which the weight unladen does not exceed 410 kilograms.
(5)
In this Act “invalid carriage” means a mechanically propelled vehicle of which the weight unladen does not exceed 254 kilograms and which is specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical default or disability and is used solely by such a person.
(6)
In this Act “motor tractor” means a mechanically propelled vehicle which is not constructed itself to carry a load, other than excepted articles, and of which the weight unladen does not exceed 7370 kilograms.
(7)
In this Act “light locomotive” and “heavy locomotive” mean a mechanically propelled vehicle which is not constructed itself to carry a load, other than excepted articles, and of which the weight unladen—
(a)
in the case of a light locomotive, exceeds 7370 but does not exceed 11690 kilograms, and
(b)
in the case of a heavy locomotive, exceeds 11690 kilograms.
(8)
In subsections (6) and (7) above “excepted articles” means any of the following, that is to say, water, fuel, accumulators and other equipment used for the purpose of propulsion, loose tools and loose equipment.
136 Meaning of “motor vehicle" and other expressions relating to vehicles.
(1)
In this Act, subject to section 20 of the Chronically Sick and Disabled Persons Act 1970 (which makes special provision with respect to invalid carriages), “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, and “trailer” means a vehicle drawn by a motor vehicle.
(2)
In this Act “motor car” means a mechanically propelled vehicle, not being a motor cycle or an invalid carriage, which is constructed itself to carry a load or passengers and of which the weight unladen—
(a)
if it is constructed solely for the carriage of passengers and their effects, is adapted to carry not more than 7 passengers exclusive of the driver, and is fitted with tyres of such type as may be specified in regulations made by the Secretary of State, does not exceed 3050 kilograms;
(b)
if it is constructed or adapted for use for the conveyance of goods or burden of any description, does not exceed 3050 kilograms (or 3500 kilograms if the vehicle carries a container or containers for holding, for the purposes of its propulsion, any fuel which is wholly gaseous at 17·5 degrees Celsius under a pressure of 1·013 bar or plant and materials for producing such fuel); or
(c)
in a case falling within neither of the foregoing paragraphs, does not exceed 2540 kilograms.
(3)
In this Act “heavy motor car” means a mechanically propelled vehicle, not being a motor car, which is constructed itself to carry a load or passengers and of which the weight unladen exceeds 2540 kilograms.
(4)
In this Act (except for the purposes of sections 57 and 63) “motor cycle” means a mechanically propelled vehicle (not being an invalid carriage) with fewer than 4 wheels, of which the weight unladen does not exceed 410 kilograms.
(5)
In this Act “invalid carriage” means a mechanically propelled vehicle of which the weight unladen does not exceed 254 kilograms and which is specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical default or disability and is used solely by such a person.
(6)
In this Act “motor tractor” means a mechanically propelled vehicle which is not constructed itself to carry a load, other than excepted articles, and of which the weight unladen does not exceed 7370 kilograms.
(7)
In this Act “light locomotive” and “heavy locomotive” mean a mechanically propelled vehicle which is not constructed itself to carry a load, other than excepted articles, and of which the weight unladen—
(a)
in the case of a light locomotive, exceeds 7370 but does not exceed 11690 kilograms, and
(b)
in the case of a heavy locomotive, exceeds 11690 kilograms.
(8)
In subsections (6) and (7) above “excepted articles” means any of the following, that is to say, water, fuel, accumulators and other equipment used for the purpose of propulsion, loose tools and loose equipment.
137 Supplementary provisions relating to s. 136.
(1)
A sidecar attached to a motor vehicle shall, if it complies with such conditions as may be specified in regulations made by the Secretary of State, be regarded as forming part of the vehicle to which it is attached and not as being a trailer.
(2)
For the purposes of section 136 of this Act, in a case where a motor vehicle is so constructed that a trailer may by partial superimposition be attached to the vehicle in such a manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle, that vehicle shall be deemed to be a vehicle itself constructed to carry a load.
(3)
For the purposes of that section, in the case of a motor vehicle fitted with a crane, dynamo, welding plant or other special appliance or apparatus which is a permanent or essentially permanent fixture, the appliance or apparatus shall not be deemed to constitute a load or goods or burden of any description, but shall be deemed to form part of the vehicle.
(4)
The Secretary of State may by regulations vary any of the maximum or minimum weights specified in section 136 of this Act; and such regulations may have effect—
(a)
either generally or in the case of vehicles of any class specified in the regulations, and
(b)
either for the purposes of this Act and of all regulations made under it or for such of those purposes as may be so specified.
(5)
Nothing in section 86 of this Act shall be construed as limiting the powers conferred by subsection (4) above.
138 Meaning of “heavy commercial vehicle”.
(1)
Subject to subsections (4) to (7) below, in this Act “heavy commercial vehicle” means any goods vehicle which has an operating weight exceeding 7.5 tonnes.
(2)
The operating weight of a goods vehicle for the purposes of this section is—
(a)
in the case of a motor vehicle not drawing a trailer, or in the case of a trailer, its maximum laden weight;
(b)
in the case of an articulated vehicle, its maximum laden weight (if it has one) and otherwise the aggregate maximum laden weight of all the individual vehicles forming part of that articulated vehicle; and
(c)
in the case of a motor vehicle (other than an articulated vehicle) drawing one or more trailers, the aggregate maximum laden weight of the motor vehicle and the trailer or trailers attached to it.
(3)
In this section—
“articulated vehicle” means a motor vehicle with a trailer so attached to it as to be partially superimposed upon it;
“goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods or burden of any description, or a trailer so constructed or adapted;
“trailer” means any vehicle other than a motor vehicle;
and references to the maximum laden weight of a vehicle are references to the total laden weight which must not be exceeded in the case of that vehicle if it is to be used in Great Britain without contravening any regulations for the time being in force under F729section 41 of the Road Traffic Act 1988 (construction and use regulations).
(4)
The Secretary of State may by regulations amend subsections (1) and (2) above (whether as originally enacted or as previously amended under this subsection)—
(a)
by substituting weights of a different description for any of the weights there mentioned, or
(b)
in the case of subsection (1) above, by substituting a weight of a different description or amount, or a weight different both in description and amount, for the weight there mentioned.
(5)
Different regulations may be made under subsection (4) above for the purposes of different provisions of this Act and as respects different classes of vehicles or as respects the same class of vehicles in different circumstances and as respects different times of the day or night and as respects roads in different localities.
(6)
Regulations made under subsection (4) above shall not so amend subsection (1) above that there is any case in which a goods vehicle whose operating weight (ascertained in accordance with subsection (2) above as originally enacted) does not exceed 7·5 tonnes is a heavy commercial vehicle for any of the purposes of this Act.
F730(7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F730(8)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
139 Hovercraft.
(1)
For the purposes of this Act, a hovercraft—
(a)
shall be a motor vehicle, whether or not it is intended or adapted for use on roads; but
(b)
shall be treated, subject to subsection (2) below, as not being a vehicle of any of the classes defined in subsections (2) to (7) of section 136 of this Act.
(2)
The Secretary of State may by regulations provide—
(a)
that any provision of this Act,which would otherwise apply to hovercraft, shall not apply to them or shall apply to them subject to such modifications as may be specified in the regulations, or
(b)
that any such provision, which would not otherwise apply to hovercraft, shall apply to them subject to such modifications (if any) as may be so specified.
(3)
In this section “hovercraft” has the same meaning as in the M50Hovercraft Act 1968.
140 Certain vehicles not to be treated as motor vehicles.
(1)
For the purposes of this Act—
(a)
a mechanically propelled vehicle which is an implement for cutting grass, is controlled by a pedestrian and is not capable of being used or adapted for any other purpose;
(b)
any other mechanically propelled vehicle controlled by a pedestrian which may be specified by regulations made by the Secretary of State for the purposes of this section and of F731section 189 of the Road Traffic Act 1988; and
(c)
an electrically assisted pedal cycle of such class as may be prescribed by regulations so made,
shall be treated as not being a motor vehicle.
(2)
In this section “controlled by a pedestrian” means that the vehicle either—
(a)
is constructed or adapted for use only under such control, or
(b)
is constructed or adapted for use either under such control or under the control of a person carried on it, but is not for the time being in use under, or proceeding under, the control of a person carried on it.
F732141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F733141A Tramcars and trolley vehicles: regulations.
(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 F734 16A to 16C, 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).
142 General interpretation of Act.
(1)
In this Act, except where the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say—
“bridge authority” means the authority or person responsible for the maintenance of a bridge;
“bridleway” means a way over which the public have the following, but no other, rights of way, that is to say, a right of way on foot and a right of way on horseback or leading a horse, with or without a right to drive animals of any description along the way;
F735“credit card” and “debit card” have the meanings given by section 35A(6) of this Act;
“designation order” means an order under section 45 of this Act (including any order so made by virtue of section 50(1) of this Act) and “designated parking place” means a parking place designated by a designation order;
“disabled person’s badge” means any badge issued, or having effect as if issued, under any regulations for the time being in force under section 21 of the M51Chronically Sick and Disabled Persons Act 1970;
“disabled person’s vehicle” means a vehicle lawfully displaying a disabled person’s badge;
“driver”, where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle, and “drive” and “driving” shall be construed accordingly;
“excess charge” has the meaning assigned to it by section 46(1) of this Act;
“experimental traffic order” has the meaning assigned to it by section 9(1) of this Act;
except in section 71(2) of this Act, “footpath” means a way over which the public has a right of way on foot only;
F736“GLA road” (subject to subsection (4) below) has the same meaning as in the M52 Highways Act 1980 (see sections 329(1) and 14D(1) of that Act);
F736“GLA side road” shall be construed in accordance with section 124A(9) of this Act;
F737...
“initial charge” has the meaning assigned to it by section 46(1) of this Act;
F737...
F737...
“magistrates’ court” F738has the same meaning as in the M53Magistrates’ Courts Act 1980;
F739...
F740“national authority”—
(a)
in relation to a function so far as exercisable within devolved competence, within the meaning of the Scotland Act 1998, means the Scottish Ministers;
(b)
otherwise, means the Secretary of State
subject to section 111(3) and (4) of, and paragraph 11(2) and (3) of Schedule 12 to, this Act, “owner”, in relation to a vehicle which is subject to a hiring agreement or hire-purchase agreement, means the person in possession of the vehicle under that agreement;
F741“off-street parking accommodation” means parking accommodation for motor vehicles off the highway or, in Scotland, off the road;
“parking device” has the meaning assigned to it by F742section 35(3B) or, as the case may be, section 51(4) of this Act;
“parking meter” has the meaning assigned to it by section 46(2)(a) of this Act;
“prescribed” means prescribed by regulations made by the Secretary of State;
F743“public road” has the same meaning as in the Roads (Scotland) Act 1984;
“public service vehicle” F744has the same meaning as in the M54Public Passenger Vehicles Act 1981;
F745“restricted byway” has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000;
F746“road”—
(a)
in England and Wales, means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes, and
(b)
in Scotland, has the same meaning as in the Roads (Scotland) Act 1984;
F737...
F747“special road”, in England and Wales, has the same meaning as in the Highways Act 1980, and in Scotland has the same meaning as in the Roads (Scotland) Act 1984;
“statutory”, in relation to any prohibition, restriction, requirement or provision, means contained in, or having effect under, any enactment (including any enactment contained in this Act);
F748“strategic highways company” means a company appointed under section 1 of the Infrastructure Act 2015;
“street parking place” and “off-street parking place” refer respectively to parking places on land which does, and on land which does not, form part of a road;
F749“traffic authority” and “local traffic authority” have the meaning given by section 121A of this Act;
“traffic sign” has the meaning assigned to it by section 64(1) of this Act; and
“traffic regulation order” has the meaning assigned to it by section 1 of this Act.
F736“trunk road” has the same meaning as in the M55 Highways Act 1980 (see section 329(1) of that Act)
F750(1A)
In this Act—
(a)
any reference to a county shall be construed in relation to Wales as including a reference to a county borough;
(b)
any reference to a county council shall be construed in relation to Wales as including a reference to a county borough council; and
(c)
section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.
(2)
Any reference in this Act to a tricycle shall be construed as including a reference to a cycle which is not a motor vehicle and has 4 or more wheels.
(3)
References in this Act to a class of vehicles or traffic (other than the references in section 17) shall be construed as references to a class defined or described by reference to any characteristics of the vehicles or traffic or to any other circumstances whatsoever.
F751(4)
Any reference in this Act to a GLA road includes a reference to a GLA side road.
143 Saving for law of nuisance.
(1)
Nothing in this Act shall authorise a person to use on a road a vehicle so constructed or used as to cause a nuisance, or affect the liability, whether under statute or common law, of the driver or owner so using such a vehicle.
(2)
In this section, in its application to England and Wales, “nuisance” means a public or a private nuisance.
144 Transitional provisions and savings.
(1)
The transitional provisions and savings in Schedule 10 to this Act shall have effect.
(2)
The enactment in this Act of the provisions specified in the first column of Schedule 11 to this Act (being re-enactments, with or without modifications, of provisions contained in the instruments specified in the corresponding entries in the second column of that Schedule, which were instruments made in the exercise of powers conferred by Acts of Parliament) shall be without prejudice to the validity of those re-enacted provisions; and any question as to their validity shall be determined as if the re-enacted provisions were contained in instruments made in the exercise of those powers.
145 Commencement and temporary provisions.
F752. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
146 Amendments and repeals.
Subject to sections 144 and 145 of this Act—
(a)
the Acts specified in Schedule 13 to this Act shall have effect subject to the amendments specified in that Schedule; and
(b)
the Acts specified in Schedule 14 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
147 Short title and extent.
(1)
This Act may be cited as the Road Traffic Regulation Act 1984.
(2)
This Act shall not extend to Northern Ireland.