SCHEDULES

SCHEDULE 7Road traffic contraventions subject to civil enforcement

Section 73

Part 1Parking contraventions

Parking contraventions

1

References in this Part of this Act to a parking contravention shall be construed as follows.

Contraventions relating to parking places in Greater London

2

(1)

In Greater London there is a parking contravention in relation to a vehicle if the vehicle is stationary in a parking place and—

(a)

the vehicle has been left—

(i)

otherwise than as authorised by or under any order relating to the parking place, or

(ii)

beyond the period of parking that has been paid for,

(b)

no parking charge payable with respect to the vehicle has been paid, or

(c)

there has been, with respect to the vehicle, a contravention of any provision made by or under any order relating to the parking place.

(2)

In sub-paragraph (1) “parking place” means—

(a)

a parking place designated by an order made under section 6, 9 or 45 of the Road Traffic Regulation Act 1984 (c. 27), or

(b)

an off-street parking place provided under section 32(1)(a) of that Act.

Other parking contraventions in Greater London

3

(1)

In Greater London there is a parking contravention in relation to a vehicle if it is stationary in circumstances in which any of the offences listed below is committed.

(2)

The offences are—

(a)

an offence under section 15 of the Greater London Council (General Powers) Act 1974 (c. xxiv) (parking on footways, verges, etc.);

(b)

an offence under section 8, 11, 16(1) or 16C of the Road Traffic Regulation Act 1984 (contravention of certain traffic orders) of contravening—

(i)

a prohibition or restriction on waiting of vehicles, or

(ii)

provision relating to any of the matters mentioned in paragraph 7 or 8 of Schedule 1 to that Act (conditions for loading or unloading, or delivering or collecting);

(c)

an offence under section 25(5) of the Road Traffic Regulation Act 1984 of contravening F1paragraph 1 or 3 of Part 5 of Schedule 14 to the Traffic Signs Regulations and General Directions 2016 (S.I. 2016/362) (prohibition on stopping vehicles on or near pedestrian crossings);

(d)

an offence under section 35A(1) of the Road Traffic Regulation Act 1984 (contravention of orders relating to parking places provided under section 32 or 33 of that Act);

(e)

an offence under section 61(5) of the Road Traffic Regulation Act 1984 (parking in loading areas);

(f)

an offence under section 19 of the Road Traffic Act 1988 (c. 52) (parking of HGVs on verges, central reservations or footways);

(g)

an offence under section 21 of the Road Traffic Act 1988 (offences relating to cycle tracks) of parking a vehicle wholly or partly on a cycle track;

F2(h)

an offence under section 36(1) of the Road Traffic Act 1988 (failure to comply with traffic sign) of failing to comply with a sign of the type referred to in—

(i)

item 51 or 53 in the table in Part 2 of Schedule 14 to the Traffic Signs Regulations and General Directions 2016, where that sign is placed for the purposes of a signal-controlled crossing facility or a parallel crossing as defined by Schedule 1 to that Instrument; or

(ii)

paragraph 1 of Part 6 of Schedule 7 to that Instrument (bus stop or bus stand clearway markings).

(3)

This paragraph does not apply to a contravention within paragraph 2 above (contraventions relating to parking places).

Parking contraventions outside Greater London

4

(1)

Outside Greater London there is a parking contravention in relation to a vehicle if it is stationary in circumstances in which any of the offences listed below is committed.

(2)

The offences are—

(a)

an offence under section 64(3) of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) of causing a vehicle to stop on part of a road appointed, or deemed to have been appointed, as a hackney carriage stand;

(b)

an offence under section 5, 11, 16(1) or 16C of the Road Traffic Regulation Act 1984 (c. 27) (contravention of certain traffic orders) of contravening a prohibition or restriction on waiting, or loading or unloading, of vehicles;

F3(ba)

an offence committed in England under section 25(5) of the Road Traffic Regulation Act 1984 of contravening paragraph 1 or 3 of Part 5 of Schedule 14 to the Traffic Signs Regulations and General Directions 2016 (S.I. 2016/362);

(c)

an offence F4committed in Wales under section 25(5) of the Road Traffic Regulation Act 1984 of contravening regulation 18 or 20 of the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 (S.I. 1997/2400) (prohibition on stopping vehicles on or near pedestrian crossings);

(d)

an offence under section 35A(1), 47(1) or 53(5) or (6) of the Road Traffic Regulation Act 1984 (offences in connection with parking places);

(e)

an offence under section 61(5) of the Road Traffic Regulation Act 1984 (parking in loading areas);

F5(ea)

an offence under section 30(1) of the Exeter City Council Act 1987 (c. xi) (prohibition of parking vehicles on verges, central reservations and footways).

(f)

an offence under section 6(6) of the Essex Act 1987 (c. xx) of leaving a vehicle on any land in contravention of a prohibition under that section (prohibitions relating to verges and certain other land adjoining or accessible from highway);

(g)

an offence under section 19 of the Road Traffic Act 1988 (c. 52) (parking of HGVs on verges, central reservations or footways);

(h)

an offence under section 21 of the Road Traffic Act 1988 (offences relating to cycle tracks) of parking a vehicle wholly or partly on a cycle track;

F6(ha)

an offence committed in England under section 36(1) of the Road Traffic Act 1988 (failure to comply with traffic sign) of failing to comply with a sign of the type referred to in—

(i)

item 51 or 53 in the table in Part 2 of Schedule 14 to the Traffic Signs Regulations and General Directions 2016, where that sign is placed for the purposes of a signal-controlled crossing facility or a parallel crossing as defined by Schedule 1 to that Instrument; or

(ii)

paragraph 1 of Part 6 of Schedule 7 to that Instrument (bus stop or bus stand clearway markings);

(i)

an offence F7committed in Wales under section 36(1) of the Road Traffic Act 1988 (failure to comply with traffic sign) of failing to comply with a sign of a type referred to in—

(i)

regulation 10(1)(b) of the Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113) (zig-zag lines relating to certain crossings), or

(ii)

regulation 29(1) of those regulations (bus stop or bus stand markings).

Power to add further offences

5

(1)

The appropriate national authority may by regulations amend paragraph 3 or 4 so as to add further offences (but only in so far as they relate to stationary vehicles).

(2)

Before making regulations amending paragraph 3 the Secretary of State shall consult—

(a)

the Commissioner of Police of the Metropolis and the Commissioner of Police for the City of London, and

(b)

such associations of London authorities (if any) as he thinks appropriate.

(3)

Before making regulations amending paragraph 4 the appropriate national authority shall consult—

(a)

such representatives of chief officers of police, and

(b)

such associations of local authorities (if any),

as the authority considers appropriate.

Part 2Bus lane contraventions

Bus lane contraventions

6

(1)

A bus lane contravention is a contravention of any provision of a traffic order relating to the use of an area of road that is or forms part of a bus lane.

(2)

An area of road is or forms part of a bus lane if the order provides that it may be used—

(a)

only by buses (or a particular description of bus), or

(b)

only by buses (or a particular description of bus) and some other class or classes of vehicular traffic.

(3)

In this paragraph—

bus” includes a tramcar (within the meaning of section 141A of the Road Traffic Regulation Act 1984 (c. 27)) and a trolley vehicle (within the meaning of that section); and

traffic order” means an order under section 1, 6, 9 or 14 of that Act.

Part 3London lorry ban contraventions

London lorry ban contraventions

7

A London lorry ban contravention is a contravention of the Greater London (Restriction of Goods Vehicles) Traffic Order 1985 made by the Greater London Council under section 6 of the Road Traffic Regulation Act 1984, or any order replacing that order, as amended from time to time.

Part 4Moving traffic contraventions

Moving traffic contraventions

8

(1)

A moving traffic contravention is—

(a)

an offence under section 36 of the Road Traffic Act 1988 (c. 52) of failing to comply with the indication given by a traffic sign that is subject to civil enforcement (see F8paragraphs 8A and 9), or

(b)

an offence of failing to comply with a traffic order in so far as it makes provision for a requirement, restriction or prohibition that is conveyed by a traffic sign subject to civil enforcement.

(2)

In sub-paragraph (1)(b) “traffic order” means an order under section 1, 6, 9, 14 or 16A of the Road Traffic Regulation Act 1984 (c. 27).

(3)

If conduct is both a moving traffic contravention and a London lorry ban contravention (see Part 3 above), a penalty charge may only be imposed on the latter basis.

(4)

If in any other case the same conduct is a moving traffic contravention under sub-paragraph (1)(a) and (b), a penalty charge may be imposed on either basis but not both.

F9Traffic signs subject to civil enforcement in England

8A.

(1)

The tables in sub-paragraph (5) specify the traffic signs that are subject to civil enforcement in England.

(2)

In Table A—

(a)

column (1) sets out the description, corresponding to the description in the Traffic Signs Regulations and General Directions 2016 (S.I. 2016/362) F10(“the 2016 Regulations”), of the requirement, restriction or prohibition conveyed by the sign, and

(b)

column (2) sets out the number given to the diagram illustrating the sign in that instrument and the place in that instrument where that diagram appears.

F11(2A)

The marking with diagram number 1027.1 is subject to civil enforcement in England only if it is placed in conjunction with an upright sign (within the meaning given in the 2016 Regulations) which includes the symbol at item 10 in Part 3 of Schedule 4 to the 2016 Regulations.

(3)

In Table B—

(a)

column (1) sets out the description, corresponding to the description in the Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113), of the requirement, restriction or prohibition conveyed by the sign, and

(b)

column (2) sets out the number given to the diagram illustrating the sign in that instrument and the place in that instrument where that diagram appears.

(4)

References in the tables to any sign include—

(a)

any permitted variant of that sign, and

(b)

where alternative types are shown, any of those types.

(5)

The tables are as follows—

Table A

(1) Description

(2) Diagram number (with location in the Traffic Signs Regulations and General Directions 2016)

Vehicular traffic must proceed in the direction indicated by the arrow

606 (Schedule 3, Part 2, item 1 and Schedule 14, Part 2, item 42)

Vehicular traffic must turn ahead in the direction indicated by the arrow

609 (Schedule 3, Part 2, item 2)

Vehicular traffic must comply with the requirements described in paragraph 3 of Part 4 of Schedule 3

610 (Schedule 3, Part 2, item 3)

No right turn for vehicular traffic

612 (Schedule 3, Part 2, item7 and Schedule 14, Part 2, item 43)

No left turn for vehicular traffic

613 (Schedule 3, Part 2, item 8 and Schedule 14, Part 2, item 43)

No U-turns for vehicular traffic

614 (Schedule 3, Part 2, item 6 and Schedule 14, Part 2, item 43)

Priority must be given to vehicles from the opposite direction

615 (Schedule 3, Part 2, item 9)

No entry for vehicular traffic (when the restriction or prohibition is one that may be indicated by another traffic sign subject to civil enforcement)

616 (Schedule 3, Part 2, item 10 and Schedule 14, Part 2, item 44)

All vehicles prohibited except non-mechanically propelled vehicles being pushed by pedestrians

617 (Schedule 3, Part 2, item 11)

Entry to and waiting in a pedestrian zone restricted

618.3B (Schedule 8, Part 2, item 1)

Entry to and waiting in a pedestrian and cycle zone restricted

618.3C (Schedule 8, Part 2, item 2)

Motor vehicles prohibited

619 (Schedule 3, Part 2, item 12)

Motor vehicles except solo motor cycles prohibited

619.1 (Schedule 3, Part 2, item 18)

Solo motor cycles prohibited

619.2 (Schedule 3, Part 2, item 20)

Goods vehicles exceeding the maximum gross weight indicated on the goods vehicle symbol prohibited

622.1A (Schedule 3, Part 2, item 13)

One way traffic

652 (Schedule 9, Part 4, item 5)

Buses prohibited

952 (Schedule 3, Part 2, item 17)

Route for use by buses, pedal cycles and taxis only

953 (Schedule 3, Part 2, item 33)

Route for use by tramcars only

953.1 (Schedule 3, Part 2, item 36)

Route for use by pedal cycles only

955 (Schedule 3, Part 2, item 28)

Route for use by pedal cycles and by pedestrians only

956 (Schedule 3, Part 2, item 29)

Route comprising two ways, for use by pedal cycles only and by pedestrians only

957 (Schedule 3, Part 2, item 32)

With-flow cycle lane

959.1 (Schedule 9, Part 4, item 9)

Contra-flow cycle lane

960.1 (Schedule 9, Part 4, item 6)

F12Part of the carriageway outside an entrance where vehicles should, or must not, stop

1027.1 (Schedule 7, Part 4, item 10)

Marking conveying the requirements in paragraph 11 of Part 7 of Schedule 9 (box junction)

1043 (Schedule 9, Part 6, item 25)

Table B

(1) Description

(2) Diagram number (with location in the Traffic Signs Regulations and General Directions 2002)

Entry to pedestrian zone restricted

618.2 (Schedule 2)

Entry to and waiting in pedestrian zone restricted

618.3 (Schedule 2)

Entry to and waiting in pedestrian zone restricted (variable message sign)

618.3A (Schedule 2)

Traffic signs subject to civil enforcement F13in Wales

9

(1)

The table below specifies the traffic signs that are subject to civil enforcement F14in Wales.

(2)

In the table—

(a)

column 1 sets out the description, corresponding to the description in the Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113), of the requirement, restriction or prohibition conveyed by the sign, and

(b)

column 2 sets out the number given to the diagram illustrating the sign in that instrument.

(3)

References in the table to any sign include any permitted variant of that sign.

(4)

The table is as follows:

Description

Diagram number

Vehicular traffic must proceed in the direction indicated by the arrow

606

Vehicular traffic must turn ahead in the direction indicated by the arrow

609

Vehicular traffic must comply with the requirements in regulation 15

610

No right turn for vehicular traffic

612

No left turn for vehicular traffic

613

No U-turns for vehicular traffic

614

Priority must be given to vehicles from the opposite direction

615, 615.1

No entry for vehicular traffic (when the restriction or prohibition is one that may be indicated by another traffic sign subject to civil enforcement)

616

All vehicles prohibited except non-mechanically propelled vehicles being pushed by pedestrians

617

Entry to pedestrian zone restricted (alternative types)

618.2

Entry to and waiting in pedestrian zone restricted (alternative types)

618.3

Entry to and waiting in pedestrian zone restricted (variable message sign)

618.3A

Motor vehicles prohibited

619

Motor vehicles except solo motor cycles prohibited

619.1

Solo motor cycles prohibited

619.2

Goods vehicles exceeding the maximum gross weight indicated on the goods vehicle symbol prohibited

622.1A

One way traffic

652

Buses prohibited

952

Route for use by buses and pedal cycles only

953

Route for use by tramcars only

953.1

Route for use by pedal cycles only

955

Route for use by pedal cycles and pedestrians only

956

Route comprising two ways, for use by pedal cycles only and by pedestrians only

957

F15With flow bus lane which pedal cycles and taxis may also use ahead

F16958

F17With flow bus lane which pedal cycles may also use

F18959

With-flow cycle lane

959.1

F19Contra flow bus lane

F20960

Contra-flow cycle lane

960.1

Box junction markings

1043, 1044

Power to amend F21tables

10

(1)

The appropriate national authority may by regulations amend the F22relevant table so as to add further traffic signs.

(2)

A traffic sign may only be added to the F23relevant table if it is of a type—

(a)

regulating the movement of vehicles (and not stationary vehicles),

(b)

to which section 36 of the Road Traffic Act 1988 (c. 52) applies (offence of failure to comply with traffic sign), and

(c)

failure to comply with which is not an offence involving obligatory endorsement.

In paragraph (c) “offence involving obligatory endorsement” has the meaning given by section 96 of the Road Traffic Offenders Act 1988 (c. 53).

(3)

Before making regulations under this paragraph the appropriate national authority shall consult—

(a)

such representatives of chief officers of police, and

(b)

such associations of local authorities (if any),

as the authority considers appropriate.

F24(4)

In this paragraph “the relevant table” means—

(a)

as regards England, Table A or Table B in paragraph 8A(5);

(b)

as regards Wales, the table in paragraph 9(4).