Traffic Management Act 2004

Part 1 E+W Parking contraventions

Parking contraventions E+W

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

Commencement Information

I1 Sch. 7 para. 1 in force at 23.7.2007 for E. by S.I. 2007/2053, arts. 1(2), 2(1)(2)(b) (with art. 4) (as amended (17.3.2008) by S.I. 2008/757, art. 3)

I2 Sch. 7 para. 1 in force at 31.3.2008 for W. by S.I. 2007/3174, art. 2, Sch.

Contraventions relating to parking places in Greater London E+W

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— E+W

(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.

Commencement Information

I3 Sch. 7 para. 2 in force at 23.7.2007 for E. by S.I. 2007/2053, arts. 1(2), 2(1)(2)(b) (with art. 4) (as amended (17.3.2008) by S.I. 2008/757, art. 3)

Other parking contraventions in Greater London E+W

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. E+W

(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 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) 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;

(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 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).

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

Commencement Information

I4 Sch. 7 para. 3 in force at 23.7.2007 for E. by S.I. 2007/2053, arts. 1(2), 2(1)(2)(b) (with art. 4) (as amended (17.3.2008) by S.I. 2008/757, art. 3)

Parking contraventions outside Greater London E+W

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. E+W

(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;

(c) an offence 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);

(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;

(i) 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 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).

Commencement Information

I5 Sch. 7 para. 4 in force at 23.7.2007 for E. by S.I. 2007/2053, arts. 1(2), 2(1)(2)(b) (with art. 4) (as amended (17.3.2008) by S.I. 2008/757, art. 3)

I6 Sch. 7 para. 4 in force at 31.3.2008 for W. by S.I. 2007/3174, art. 2, Sch.

Power to add further offences E+W

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). E+W

(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.

Commencement Information

I7 Sch. 7 para. 5 in force at 23.7.2007 for E. by S.I. 2007/2053, arts. 1(2), 2(1)(2)(b) (with art. 4) (as amended (17.3.2008) by S.I. 2008/757, art. 3)

I8 Sch. 7 para. 5(1)(3) in force at 31.3.2008 for W. by S.I. 2007/3174, art. 2, Sch.