Road Traffic Act 1991

Special parking areas E+W+S

2 (1) Where an application for an order under this sub-paragraph is made to the Secretary of State— E+W+S

(a) with respect to the whole, or any part, of their area, by a county council in England F1 . . .;

[F2 (aa) with respect to the whole, or any part, of their area, by a county council or county borough council in Wales;]

(b) with respect to the whole, or any part, of their area, by a metropolitan district council;

(c) with respect to the whole, or any part, of their area, by a [F3 council constituted under section 2 of th Local Government etc. (Scotland) Act 1994] in Scotland; or

(d) with respect to the whole, or any part, of the Isles of Scilly, by the Council of the Isles of Scilly,

he may make an order designating the whole, or any part, of the area to which the application relates as a special parking area.

F4 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Before making an order under sub-paragraph (1) above, the Secretary of State shall consult the appropriate chief officer of police.

(4) While an order under sub-paragraph (1) above is in force, the following provisions shall cease to apply in relation to the special parking area designated by the order—

(a) section 5 of the M1 Road Traffic Regulation Act 1984 (contravention of a traffic regulation order under section 1 of that Act to be an offence), so far as it relates to the contravention of any provision of such an order prohibiting or restricting the waiting, or the loading and unloading, of vehicles;

(b) section 11 of the Act of 1984 (contravention of, or failure to comply with, experimental traffic order under section 9 of that Act), so far as it relates to the contravention of, or failure to comply with, any provision of such an order prohibiting or restricting the waiting, or the loading and unloading, of vehicles;

[F5 (baa) section 16C of the Road Traffic Regulation Act 1984 (contravention of order under section 16A of that Act to be an offence) so far as it applies in relation to stationary vehicles;]

[F6 (ba) section 16(1) of the Act of 1984 F7 (contravention of temporary orders under section 14 of that Act to be an offence) so far as it relates to the contravention of any provision of an order or notice under section 14 of that Act prohibiting or restricting the waiting, or the loading and unloading, of vehicles;

(bb) section 61(5) of the Act of 1984 (prohibition of vehicles in loading areas) so far as it applies in relation to stationary vehicles;.]

[F8 (bc) section 62(5) of the Roads (Scotland) Act 1984 (contravention of order under subsection (1) of that section to be an offence) so far as it applies in relation to stationary vehicles;]

(c) section 129(6) of the M2 Roads (Scotland) Act 1984 (parking of a motor vehicle wholly or partly on a cycle track to be an offence);

(d) section 19 of the M3 Road Traffic Act 1988 (parking of heavy vehicles on verges, central reservations and footpaths etc. to be an offence);

(e) section 21 of the Act of 1988 (prohibition of driving or parking on cycle tracks), so far as it makes it an offence to park a motor vehicle wholly or partly on a cycle track[F9 ;

(f) section 36(1) of the Act of 1988 (failure to comply with traffic signs), so far as it makes it an offence to fail to comply with an indication given by a traffic sign of a prohibition on causing a vehicle to stop on part of a road in England (but not in London) demarcated by that sign as a stopping area for a bus].

[F10 (f) section 36(1) of the Act of 1988 (drivers to comply with traffic signs), so far as it makes it an offence to fail to comply with an indication given by a traffic sign of a prohibition on causing a vehicle to stop on part of a road demarcated by that sign as a stopping area for a bus.]

(5) The Secretary of State may by order amend sub-paragraph (4) above by adding further provisions (but only in so far as they apply in relation to stationary vehicles).

(6) Before making an order under sub-paragraph (5) above, the Secretary of State shall consult—

(a) such representatives of chief officers of police; and

(b) such associations of local authorities (if any);

as he considers appropriate.

Textual Amendments

F1 Words in Sch. 3 para. 2(1)(a) repealed (1.4.1996) by 1994 c. 19, ss. 22(1), 66(8), Sch. 7 Pt. II para. 43(a), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, arts. 3, 4, Sch. 1, Sch. 2

F2 Sch. 3 para. 2(1)(aa) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. II para. 43(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F3 Words in Sch. 3 para. 2(1)(c) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 171; S.I. 1996/323, art. 4(1)(b)(c)

F4 Sch. 3 para. 2(2) repealed (1.4.1996) by 1994 c. 19, ss. 22(1), 66(8), Sch. 7 Pt. II para. 43(c), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, arts. 3, 4, Sch. 1, Sch. 2

F5 Sch. 3 para. 2(4)(baa) inserted (S.) (4.10.1999) by S.S.I. 1999/61, art. 2(2)(a)

F6 Sch. 3 para. 2(4)(ba)(bb) inserted (E.W.) (1.4.1996) by S.I. 1996/500, art. 2(3) and insertion of para. 2(4)(ba) extended to (S.) (4.10.1998) by S.I. 1998/2018, art. 2

F7 I.e. of the Road Traffic Regulation Act 1984 (c.27). Section 14 was substituted by the Road Traffic (Temporary Provisions) Act 1991 (c.26), Schedule 1.

F8 Sch. 3 para. 2(4)(bc) inserted (S.) (4.10.1999) by S.S.I. 1999/61, art. 2(2)(b)

F9 Sch. 3 para. 2(4)(f) inserted (16.4.2003) by The Road Traffic Act 1991 (Special Parking Areas) (England) Order 2003 (S.I. 2003/859), arts. 1, 2(2)

F10 Sch. 3 para. 2(4)(f) inserted (S.) (18.11.2003) by The Road Traffic Act 1991 (Special Parking Area) (Scotland) Order 2003 (S.S.I. 2003/508), arts. 1, 2

Commencement Information

I1 Sch. 3 para. 2 wholly in force at 16.6.1997; Sch. 3 para. 2 wholly in force at 01.10.1991 for England and Wales only by S.I. 1991/2054, art. 3, Sch. and at 16.6.1997 for Scotland by S.I. 1997/1580, art. 2(b)

Marginal Citations

M1 1984 c. 27.

M2 1984 c. 54.

M3 1988 c. 52.