Traffic Management Act 2004

Traffic Management Act 2004

2004 CHAPTER 18

Commentary on Sections

Part 6: Civil Enforcement of Traffic Contraventions.Background

Specific provision for Wales and for London

Section 84 and Schedule 10: Designation of special enforcement areas

218. Section 84 and Schedule 10, paragraph 1, enable the Secretary of State, on the application of a London local authority or Transport for London to designate the whole or part of its area as a special enforcement area (SEA) provided it is within or co-extensive with a civil enforcement area for parking contraventions designated under paragraph 2 of Schedule 8. An order made by the Secretary of State designating a special parking area in London under section 76 of the Road Traffic Act 1991 will have effect as an order made under Schedule 10 designating the area as a SEA. However, the nature of any such area will change to become an area in which forms of conduct are specified as contraventions peculiar to that area (as per the approach of the 1991 Act) but (unlike the approach of the 1991 Act) not an area in which, by definition, there will be civil enforcement of those or other contraventions.

219. Paragraph 2 of Schedule 10 preserves the ability of the Mayor of London under section 76A of the Road Traffic Act 1991 to vary an order designating a SEA with the consent of the relevant London authority for every road that may be added or removed from the area. The relevant London authority is, as regards GLA roads, Transport for London, and as regards roads other than GLA roads, the London local authority in whose area the road is situated. Orders made by the Mayor under section 76A(1) or (3)(a) of the Road Traffic Act 1991 prior to the coming into force of this Section shall have effect as if made under paragraph 2 of Schedule 10.

220. Paragraph 3 of Schedule 10 enables the appropriate national authority to designate SEAs outside Greater London on the application of an authority specified in paragraph 3(3). An order designating a special parking area outside Greater London made under paragraph 2(1) of Schedule 3 to the Road Traffic Act 1991 will continue to have effect as an order made under paragraph 3 of Schedule 10 designating the area as an SEA.