The Road Traffic Act 1991 (Amendment of Schedule 3) (England and Wales) Order 1996

Statutory Instruments

1996 No. 500

ROAD TRAFFIC

The Road Traffic Act 1991 (Amendment of Schedule 3) (England and Wales) Order 1996

Made

29th February 1996

Laid before Parliament

7th March 1996

Coming into force

1st April 1996

The Secretary of State for Transport, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred by paragraphs 1(5) and 2(5) of Schedule 3 to the Road Traffic Act 1991(1) and of all other powers enabling them in that behalf, and after consultation with appropriate representatives of chief officers of police and appropriate associations of local authorities in accordance with paragraphs 1(6) and 2(6) of that Schedule, hereby make the following Order:—

Citation and commencement and extent

1.—(1) This Order may be cited as the Road Traffic Act 1991 (Amendment of Schedule 3) (England and Wales) Order 1996 and shall come into force on 1st April 1996.

(2) This Order shall have effect as respects England and Wales only.

Amendment of the Road Traffic Act 1991

2.—(1) Schedule 3 to the Road Traffic Act 1991 (permitted and special parking areas outside London) shall be amended as follows.

(2) In paragraph 1(4) (provisions creating offences ceasing to apply in permitted parking areas)—

(a) after paragraph (a) there shall be inserted the following paragraph—

“(ab) section 35A(1) of the Act of 1984 (offences), so far as it relates to the contravention of, or non-compliance with any other provision of any order made under section 35 of that Act (use of parking places) applying in relation to a stationary vehicle.”

(b) the word “and” immediately after paragraph (a) shall be omitted;

(c) at the end of paragraph (b) there shall be inserted—

“; and

(c) subsections (5) and (6) of section 53 of the Act of 1984 so far as those subsections apply in relation to stationary vehicles.”

(3) In paragraph 2(4) (provisions creating offences ceasing to apply in special parking areas) the following paragraphs shall be inserted after paragraph (b)—

“(ba) section 16(1) of the Act of 1984(2) (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;.”

Signed by authority of the Secretary of State for Transport

Steven Norris

Parliamentary Under Secretary of State,

Department of Transport

28th February 1996

William Hague

Secretary of State for Wales

29th February 1996

Explanatory Note

(This note is not part of the Order)

This Order amends, in relation to England and Wales, Schedule 3 to the Road Traffic Act 1991 (permitted and special parking areas outside London) with respect to parking contraventions which give rise to a civil liability by the imposition of a penalty charge instead of being dealt with as criminal offences. In permitted parking areas it will no longer be an offence to contravene an order under section 35(1) of the Road Traffic Regulation Act 1984 relating to an off-street parking place or a provision of an order relating to an on-street parking place included by virtue of section 53 of that Act. In special parking areas certain contraventions of temporary traffic orders and loading area orders under the Act of 1984 cease to be criminal offences.

(1)

1991 c. 40.

(2)

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.