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This publication is available at https://www.cachseo.com.uk/cachseo.comernment/publications/bus-lane-and-moving-traffic-enforcement-outside-london/traffic-management-act-2004-statutory-guidance-for-local-authorities-outside-london-on-civil-enforcement-of-bus-lane-and-moving-traffic-contravention
Introduction
Motorists must comply with traffic restrictions irrespective of whether such restrictions are actively enforced. For where contraventions vì occur, the Traffic Management Act 2004 (the TMA) provides a single, coherent regime enabling enforcement authorities (local authorities) to lớn robustly và consistently enforce measures introduced for traffic management và the provision of bus và parking services.
This statutory guidance is published for local authorities by the Secretary of State for Transport under Section 87 of the TMA. It sets out the policy framework for bus lane and moving traffic enforcement, including how to lớn approach, carry out and reviews enforcement.
It applies khổng lồ all local authorities in England outside London enforcing bus lane & moving traffic contraventions under the TMA. However, London enforcement authorities are advised to note the section on warning notices.
The guidance aims lớn strike the right balance between as much overall consistency as possible, while allowing policies to lớn suit local circumstances; và a system that is fair to lớn the motorist, but also effective in enforcing traffic restrictions. All local authorities to which Schedule 8 to lớn the TMA applies in England should use this guidance in conjunction with the bus lane và moving traffic provisions in Sections 72 lớn 93 & Schedule 7 khổng lồ the TMA.
This document has no special authority on matters of legal interpretation. The regulations take precedence over this statutory guidance where there appears lớn be disparity between them.
Where the guidance says that something must be done, this means that it is a requirement in either primary or secondary cachseo.com, and a footnote gives the appropriate provision. In all other instances, Section 87 of the TMA stipulates that local authorities must have regard lớn this statutory guidance when developing, implementing và reviewing their bus lane or moving traffic regimes; và in exercising their functions in connection with the associated enforcement activity, local authorities are expected khổng lồ follow the guidance unless there is a compelling reason for not doing so.
Local authorities will be expected to lớn explain any decision not khổng lồ implement the terms of the guidance, and adjudicators may consider it lớn be a procedural impropriety, sufficient lớn allow an appeal if no sufficient explanation is provided. This guidance should also be read in conjunction with the guidance on certification of approved devices, and the home Office Surveillance Camera Code of Practice.
Enforcement of bus lane & moving traffic contraventions is a legal process. Local authorities should ensure their employees và contractors operating their regimes have a clear understanding of the legal requirements. If uncertain about any aspect of these requirements, local authorities should obtain appropriate legal advice.
Where civil enforcement applies, contraventions of bus lane and moving traffic orders may continue lớn be enforceable as criminal offences as an alternative to lớn the civil enforcement procedure
A penalty charge is not payable where criminal proceedings have been initiated or a fixed penalty notice for an offence has been issued under the Road Traffic Offenders Act 1988. If such kích hoạt takes place, the penalty charge notice (PCN) must be cancelled. If a PCN has been paid, it must
Policy objectives
The TMA 2004, which applies lớn England and Wales, places a network management duty on local authorities. Section 16(1) states: “It is the duty of a local traffic authority lớn manage their road network with a view to achieving, so far as may be reasonably practicable having regard to their other obligations, policies and objectives, the following objectives: securing the expeditious movement of traffic on the authority’s road network; and, facilitating the expeditious movement of traffic on road networks for which another authority is the traffic authority.”
The duty is central to lớn the decisions local authorities make about their road networks. In its policy statement Gear change: a bold vision for cycling and walking, the cachseo.comernment committed to lớn look again at the duty itself, và accompanying statutory guidance, to lớn ensure it adequately reflects what it now believes good network management should be; having regard lớn the imperatives of decarbonisation, encouraging active travel and emphasis on technology.
Against this backdrop, the moving traffic enforcement powers will play a role in helping local authorities outside London meet their network management duty by enabling improved enforcement with consequential benefits to road safety, congestion và air quality. Making the moving traffic enforcement powers available khổng lồ local authorities nationally also creates parity with London.
Moving traffic restrictions can play a part in delivering a range of policy objectives. These include measures lớn reduce congestion, enable more walking và cycling, reduce rat-running, create more pleasant places to lớn live và work in and improve road safety. Fair & appropriate enforcement of these restrictions is a key part of delivering the objectives of these schemes.
Gear change also highlights the role of the moving traffic enforcement powers in enabling local authorities khổng lồ enforce signing of “school streets”. These schemes consist of part time access restrictions for through traffic during term time, at pick-up và drop-off times. These access restrictions are signed using pedestrian zone signing or the ‘motor vehicles prohibited’ lớn diagram 619 as prescribed in the Traffic Signs Regulations & General Directions 2016. See Annex A: traffic signs subject to moving traffic enforcement.
Access is maintained for residents & other requirements, such as to lớn drop off children who may have mobility difficulties and cannot walk far. School active travel contributes lớn tackling obesity and school streets can reduce the number of people driving their children to lớn school by up khổng lồ a third và reduce the risk of casualties by reducing the likelihood of conflict between vehicles, pedestrians & cycles.
Local authorities are important partners in leading change, influencing journey patterns, & promoting more sustainable choices. Well-designed traffic management policies that are enforced effectively can play an important role in achieving change.
The cachseo.comernment is committed khổng lồ an integrated transport network that will address the key challenges of congestion and environmental pollution. Key to meeting these challenges will be measures to enable active travel, through better enforced cycle lanes, school streets & low-traffic neighbourhoods, and public transport use through more punctual & reliable bus journeys.
Buses already play an essential role in the transport system of our urban areas & have a major role khổng lồ play in our plans for improving public transport services. Buses provide transport for people who are unable lớn drive themselves – & for those who bởi vì not wish khổng lồ drive – to access work, retail, education, social and leisure activities.
If buses are to lớn fulfil their potential for providing an alternative to the private oto for more journeys, local authorities and bus operators must work together khổng lồ make it easier and more convenient to use bus services. For example, bus services are particularly susceptible khổng lồ the effects of traffic congestion. Delays lớn buses increase operating costs and lead to higher fares. Passengers are often deterred from travelling on local buses because of slower & less reliable services and higher fares.
For these reasons, it is worthwhile lớn introduce traffic management measures lớn assist the movement of buses. Such interventions can take the khung of measures lớn allow buses to lớn use dedicated lanes or measures that will allow buses to undertake turning movements that are denied to other traffic. Such measures can provide substantial benefits to bus passengers and other road users by allowing faster journey times và more reliable & punctual services.
The Secretary of State believes there is greater scope for providing more priority for buses as a contribution lớn achieving an integrated & efficient public transport network.
More general traffic management measures can also assist the movement of buses. Measures khổng lồ remove through traffic from congested urban streets can greatly improve road conditions for local buses as well as pedestrians and cyclists. This should be considered alongside the possible impact on surrounding roads.
The provision of bus priority measures together with other moving traffic interventions and their effective enforcement can help to deliver plans lớn improve the chất lượng and integration of local bus services. A good enforcement regime is one that uses quality-based standards that the public understands, and which are enforced fairly, accurately, expeditiously.
Local authorities should aim to lớn increase compliance with bus lane and moving traffic regulations through clear, well designed, legal, and enforced controls including clear traffic signing which can readily be understood from a moving vehicle.
Civil enforcement will help local authorities to effectively deliver wider transport strategies and objectives. Local authorities should never view enforcement in isolation and should use physical enforcement measures, for example build-outs, wherever possible to prevent contraventions.
Local authorities should not replace physical enforcement measures with cameras unless the physical measures have been shown khổng lồ have a detrimental effect on road safety or traffic flow.
Local authorities should thiết kế their bus lane & moving traffic policies with particular regard to:
managing the traffic network lớn ensure expeditious movement of traffic, (including pedestrians và cyclists), as required under the Network Management Duty in Section 16 of the TMA improving road safety improving the local environment, especially carbon reduction improving the unique and accessibility of public transport và managing and reconciling the competing demands for road space và in this, should consider all sections of the community, including disabled peopleLocal authorities should also ensure that their bus lane and moving traffic policies are integrated with their parking policies, particularly to support local communities and amenities; the need for delivering and collecting goods, & to ensure that conflicting priorities bởi vì not arise. For example, loading & unloading should only be permitted in a bus lane if such activity is unavoidable.
Local authorities should run their operations efficiently, effectively, and economically. The purpose of penalty charges is lớn persuade motorists lớn comply with the bus lane restrictions, during hours of operation, và moving traffic restrictions, và therefore authorities should set the penalty charge in accordance with the regulations
It is unlikely that the enforcement of bus lane and moving traffic contraventions will be self-financing by itself. There would likely be economies of scale from combining the enforcement of civil parking, bus lane & moving traffic contraventions.
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Local authorities should consider the indirect financial, environmental, and other benefits that would result from effective bus lane & moving traffic enforcement & take those into account when considering whether lớn apply for civil enforcement powers.
The with-flow bus lane is the most common size of bus priority measure. This is where a traffic lane is reserved for the use of buses & any other vehicles that are lớn be given priority. With flow bus lanes enable buses to bypass traffic queues và provide a substantial time saving for passengers. In some cases, it may be appropriate to lớn allow other classes of vehicle – such as taxis or private hire vehicles – khổng lồ use the bus lane.
If a significant number of exemptions is required for access purposes then the scheme may fall outside the bus lane definition in Schedule 1 lớn the Traffic Signs Regulations & General Directions năm 2016 (TSRGD) and the local authority should consider imposing penalties under Part 4 of Schedule 7 to the TMA powers (failing lớn comply with the relevant traffic sign) rather than for being in a bus lane. It will also be important lớn consider if the restrictions of the bus lane should apply only during peak periods. This will be for the local authority khổng lồ consider in the face of local priorities và traffic conditions.
Contraflow bus lanes allow buses to travel against the main direction of travel, avoid unnecessary diversions, maintain route patterns, và give better access lớn business & stopping areas.
Clear signing of bus priorities is mandatory. A Traffic Regulation Order (TRO) under the Road Traffic Regulation Act 1984 must be made lớn identify the length of the bus lane và to limit its use to lớn those types of bus & other vehicles the authority wishes lớn allow. All road markings and signs must comply with the TSRGD.
Buses can be given priority at road junctions, either by permitting buses khổng lồ make turning movements prohibited to lớn other traffic; by giving preference lớn flows containing a high proportion of buses, for example, bus only streets or bus gates or by adjusting signal controls when a bus is detected in the traffic stream.
Allowing buses to make a turn that is prohibited lớn other traffic can give buses a considerable advantage by allowing them to take a shorter route than other traffic.
Implementing the moving traffic enforcement powers recognises the dual imperatives to lớn improve air quality through reduced traffic congestion, & to encourage behavioural shift towards sustainable travel choices by keeping junctions & cycle lanes clear of obstructing vehicles khổng lồ improve bus reliability và to promote cycling as part of cachseo.comernment’s broader policy lớn further promote active travel choices, post COVID-19.
Gear change highlights the need for local authorities to have the necessary enforcement powers lớn achieve these benefits.
The TMA does not prescribe the danh sách of traffic signs và road markings subject lớn moving traffic enforcement on a selective basis, therefore all the prescribed traffic signs and road markings listed in Schedule 7 to the TMA will apply under the Designation Order. The full menu of traffic signs subject khổng lồ moving traffic enforcement is at Annex A: traffic signs subject khổng lồ moving traffic enforcement.
Issues khổng lồ consider before applying for bus lane and moving traffic enforcement powers
Formulating & reviewing policies
Local authorities are not required to lớn apply for the bus lane or moving traffic enforcement powers, nor are they duty‑bound to enforce all bus lane or moving traffic restrictions. Before applying to the Secretary of State for an order creating a civil enforcement area, local authorities should appraise their bus lane & moving traffic policies & the way those are operating to see which traffic management objectives are being met and where improvements are needed, having regard khổng lồ the potential effect on surrounding roads.
Local authorities should be able lớn justify the placing of enforcement cameras at specific locations lớn its council members by means of supporting information, for example, accident statistics và congestion data. Unless these policies have been regularly appraised, this can be a major task và sufficient time and resources need khổng lồ be used if the results are to be of value.
Enforcement kích hoạt should not commence at any location where contraventions could be avoided by reasonable improvements to the highway or to traffic signs, and not until such improvements are made and appropriate monitoring has been carried out. An adjudicator may uphold appeals against PCNs where traffic restrictions are not properly indicated with traffic signs.
If a local authority has not already done so, it should develop civil enforcement policies that are consistent with and contribute to lớn its overall transport policy, including modal shift towards public transport và active travel.
The Secretary of State strongly recommends that the public should have easy access lớn a local authority’s enforcement policies & priorities. This makes a local authority more accountable lớn its residents & should also help counter accusations that enforcement is being carried out in an arbitrary or unfair way.
If a local authority does not already monitor the effectiveness of its policies, this should be put in place as early as possible before enforcement is introduced lớn judge impacts on road safety & congestion.
Traffic regulation orders
A reviews of those TROs applicable to lớn planned moving traffic enforcement activity should check whether restrictions indicated by traffic signs và road markings are the same as those authorised by the TRO. If not, they should be made consistent.
The Secretary of State will not sign a Designation Order until a local authority’s Chief Executive has confirmed in writing that all applicable existing & new TROs, traffic signs và road markings in the proposed civil enforcement area have been reviewed; comply with relevant regulations, principally, the TSRGD năm 2016 or subsequent editions và guidance on relevant chapters of the Traffic Signs Manual or have special authorisation from the cachseo.comernment; are consistent with each other và in a good state of repair.
As part of this process, local authorities should be mindful of their duty under Section 122 of the Road Traffic Regulation Act 1984. Scheme thiết kế should be reviewed to lớn look afresh at the measures to be enforced lớn ensure that there is no location where a motorist would have to contravene the provisions lớn avoid a road safety or congestion problem.
These might include left-hand turns where there is a bus lane và yellow box junction where the exit cannot be seen before entering it. Poorly designed schemes can undermine enforcement overall & give rise khổng lồ public perception of revenue raising.
A local authority will need to lớn consider whether it is sensible for TRO restrictions to lớn apply beyond the normal working day, during the small hours, and/or at weekends, or whether some restrictions should only apply during night-time hours, lớn meet local needs and circumstances.
A local authority should examine the scope for relaxing or removing existing controls that are no longer appropriate or necessary khổng lồ meet a traffic management need. Unnecessary restrictions are quickly identified when a local authority becomes responsible for enforcement and can result in complaints & adverse publicity.
The Local Authorities’ Traffic Orders (Procedure) (England & Wales) Regulations 1996 provide a simplified & streamlined procedure for “consolidation” and “minor” orders. Substantive changes lớn TROs will take longer and procedures for any changes that need to lớn come into force on the commencement of civil enforcement will need to be initiated at a suitably early date.
The Department for Transport (Df
T) is developing a national model to digitise TROs và considering whether there is a case for a central platform for publishing và sharing data from these digital TROs. This guidance will be updated lớn reflect these changes but, in the interim, local authorities should ensure their new TROs are created in a digital format & that those already in place are digitised as soon as practicable.
Data from TROs should be placed on a geographical information system and on their website so that accurate, real-time maps can be supplied to contractors và the public can see where & when parking is, & is not, permitted.
It would be expedient for TROs to retain a provision relating to lớn “anything done with the permission or at the direction of a police constable in uniform” to cover emergencies. Once a local authority has powers to civilly enforce road traffic contraventions, its TROs should not cover the means of enforcement or the level of penalty charges, as these are covered in cachseo.com.
Application criteria
Background
Under the TMA, local authorities wishing to lớn undertake civil enforcement of moving traffic contraventions need to lớn apply for an Order designating the local authority as the enforcement authority in their area.
Local authorities considering applying for civil enforcement powers should as a first step liên hệ an official in the Traffic và Technology Division lớn discuss a proposed commencement date and any issues relating lớn the content of the application. Depending on the màn chơi of take-up, it may be necessary khổng lồ issue Designation Orders in tranches.
Local authorities should address correspondence và applications khổng lồ parking.queries
Changes to cachseo.com:
There are currently no known outstanding effects for the Traffic Management Act 2004, Part 6.
Changes to lớn cachseo.com
Revised cachseo.com carried on this site may not be fully up lớn date. At the current time any known changes or effects made by subsequent cachseo.com have been applied khổng lồ the text of the cachseo.com you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified & recorded on this site.
C1Pt. 6 applied (with modifications) (temp.) (5.10.2009) by London Olympic Games and Paralympic Games Act 2006 (c. 12), ss. 15(2)(3), 40(2) (with s. 40(6)); S.I. 2009/2577, art. 2
C2Pt. 6 amendment khổng lồ earlier affecting provision 2006 c. 12, s. 15 15A (as amended) (14.2.2012) by London Olympic Games và Paralympic Games (Amendment) Act 2011 (c. 22), ss. 5(2)-(6), 10(1)
C3Pt. 6 applied by 2006 c. 12, s. 16(3) (as inserted (14.2.2012) by London Olympic Games & Paralympic Games (Amendment) Act 2011 (c. 22), ss. 6(4), 10(1))
C4Pt. 6: functions made exercisable concurrently (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 15
C5Pt. 6: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 17
Civil penalties for road traffic contraventions
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72Civil penalties for road traffic contraventionsE+W
(1)The appropriate national authority may make provision by regulations for or in connection with—&#x
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(a)the imposition of penalty charges in respect of road traffic contraventions that—&#x
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(i)are subject khổng lồ civil enforcement (see section 73), and&#x
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(ii)are committed in an area that is a civil enforcement area for contraventions of that description (see section 74), and&#x
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(b)the payment of such penalty charges.&#x
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(2)The regulations shall include provision specifying the person or persons by whom a penalty charge in respect of a contravention is lớn be paid (who may be the owner of the vehicle involved in the contravention, its driver at the time of the contravention or any other appropriate person).&#x
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(3)The regulations shall include provision in respect of any mô tả tìm kiếm of conduct for which a penalty charge may be imposed—&#x
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(a)prohibiting criminal proceedings or the issuing of a fixed penalty notice in respect of conduct of that description, or&#x
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(b)securing that a penalty charge is not required lớn be paid, or is refunded, where the conduct is the subject of criminal proceedings or of a fixed penalty notice.&#x
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(4)The regulations may include provision prohibiting the imposition of a penalty charge except on the basis of—&#x
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(a)a record produced by an approved device, or&#x
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(b)information given by a civil enforcement officer as khổng lồ conduct observed by him.&#x
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(5)The regulations may—&#x
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(a)specify exemptions from penalty charges, and&#x
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(b)make provision for discounts or surcharges, or both.&#x
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Commencement Information
I1S. 72 in force at 26.10.2006 for W. By S.I. 2006/2826, art. 2(1)(2)(c)
I2S. 72 in force at 23.7.2007 for E. By S.I. 2007/2053, arts. 1(2), 2(1)(2)(a) (with art. 4) (as amended (17.3.2008) by S.I. 2008/757, art. 3)
73Contraventions subject lớn civil enforcement
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(1)Schedule 7 specifies the road traffic contraventions that are subject khổng lồ civil enforcement.&#x
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(2)These are—&#x
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(a)parking contraventions (see Part 1 of the Schedule);&#x
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(b)bus lane contraventions (see Part 2 of the Schedule);&#x
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(c)London lorry ban contraventions (see Part 3 of the Schedule);&#x
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(d)moving traffic contraventions (see Part 4 of the Schedule).&#x
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(3)Regulations under this Part of this Act may make different provision in relation khổng lồ different descriptions of contravention.&#x
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(4)The appropriate national authority may by regulations make such consequential amendment of Schedule 7 as appears khổng lồ the authority khổng lồ be required in consequence of the amendment, replacement or revocation of any provision of subordinate cachseo.com referred to in that Schedule.&#x
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Commencement Information
I3S. 73 in force at 26.10.2006 for W. By S.I. 2006/2826, art. 2(1)(2)(c)
I4S. 73 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)
74Civil enforcement areas
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(1)Schedule 8 makes provision—&#x
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(a)as to the areas that are civil enforcement areas for the purposes of different descriptions of road traffic contravention, and&#x
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(b)as khổng lồ the meaning of “enforcement authority” in relation khổng lồ road traffic contraventions committed in a civil enforcement area.&#x
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(2)In that Schedule—&#x
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Part 1 makes provision for Greater London, and&#x
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Part 2 makes provision for the rest of England và Wales.&#x
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Commencement Information
I5S. 74 in force at 26.10.2006 for W. By S.I. 2006/2826, art. 2(1)(2)(c)
I6S. 74 in force at 31.3.2008 for specified purposes for E. By S.I. 2007/2053, arts. 1(2), 3(1)(2)(a) (with arts. 5-8) (as amended (17.3.2008) by S.I. 2008/757, arts. 3, 5)
I7S. 74 in force at 31.5.2022 for specified purposes for E. By S.I. 2022/66, arts. 1(2), 2(2)(a) (with art. 3(1)-(3))
75Power to require authority to lớn apply for civil enforcement powers
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(1)The appropriate national authority may by notice in writing under this section (a “notice khổng lồ apply”) require a local authority khổng lồ make an application under paragraph 8 of Schedule 8 for an order designating the whole or part of the local authority"s area as a civil enforcement area for parking contraventions.&#x
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(2)The notice must specify—&#x
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(a)the date by which the local authority is to lớn make the application (“the application date”),&#x
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(b)the latest date by which the application must request that the order comes into force (“the in-force date”), and&#x
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(c)the area in respect of which the application is to lớn be made.&#x
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(3)Before giving a notice lớn apply the appropriate national authority must inform the local authority concerned & the appropriate chief officer of police, in writing, of its intention khổng lồ give such a notice, indicating the application date, the in-force date và the area it intends lớn specify in the notice.&#x
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(4)The local authority may make representations lớn the appropriate national authority khổng lồ the effect—&#x
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(a)that a notice khổng lồ apply should not be given khổng lồ the authority, or&#x
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(b)that the notice should specify a different application date, a different in-force date, or a different area in respect of which the application is to lớn be made.&#x
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(5)In considering whether khổng lồ give a notice to lớn apply the appropriate national authority must have regard khổng lồ the local authority"s representations và take into account—&#x
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(a)the administrative burden of creating or extending a civil enforcement area và of enforcing parking contraventions within such an area,&#x
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(b)the financial circumstances of the local authority concerned & the likely expenses and receipts in connection with the proposed civil enforcement area,&#x
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(c)any representations made by the appropriate chief officer of police, and&#x
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(d)any other factors appearing to the appropriate national authority to lớn be relevant.&#x
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(6)After a notice khổng lồ apply has been given, it may be modified by agreement between the appropriate national authority and the local authority concerned.&#x
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I9S. 75 in force at 31.3.2008 for E. By S.I. 2007/2053, arts. 1(2), 3(1)(2)(b) (with arts. 5-8) (as amended (17.3.2008) by S.I. 2008/757, arts. 3, 5)
76Civil enforcement officers
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(1)A local authority may provide for the enforcement of road traffic contraventions for which it is the enforcement authority by individuals lớn be known as civil enforcement officers.&#x
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(2)A civil enforcement officer must be—&#x
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(a)an individual employed by the authority, or&#x
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(b)where the authority have made arrangements with any person for the purposes of this section, an individual employed by that person khổng lồ act as a civil enforcement officer.&#x
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(3)Civil enforcement officers—&#x
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(a)when exercising specified functions must wear such uniform as may be determined by the enforcement authority in accordance with guidelines issued by the appropriate national authority, and&#x
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(b)must not exercise any of those functions when not in uniform.&#x
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(4)In subsection (3)(a) “specified” means specified by regulations made by the appropriate national authority.&#x
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(5)A parking attendant appointed under section 63A of the Road Traffic Regulation Act 1984 (c. 27) by a local authority that is an enforcement authority—&#x
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(a)is a civil enforcement officer in relation to lớn parking contraventions for which that authority is the enforcement authority, and&#x
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(b)may be appointed a civil enforcement officer in relation to lớn other road traffic contraventions for which they are the enforcement authority.&#x
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I11S. 76 in force at 23.7.2007 for E. By S.I. 2007/2053, arts. 1(2), 2(1)(2)(c) (with art. 4) (as amended (17.3.2008) by S.I. 2008/757, art. 3)
77Setting the cấp độ of penalty charges
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(1)Schedule 9 provides for the setting of the levels of penalty charges & certain other charges.&#x
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(2)In that Schedule—&#x
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Part 1 specifies the charges khổng lồ which the Schedule applies,&#x
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Part 2 provides for charges applicable in Greater London, and&#x
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Part 3 provides for charges applicable outside Greater London.&#x
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I13S. 77 in force at 23.7.2007 for E. By S.I. 2007/2053, arts. 1(2), 2(1)(2)(d), (with art. 4) (as amended (17.3.2008) by S.I. 2008/757, art. 3)
Notification, adjudication & enforcement
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78Notification of penalty chargeE+W
(1)The Lord Chancellor may make regulations for and in connection with the notification of penalty charges.&#x
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(2)The regulations may provide for notification of a penalty charge to lớn be given in respect of a stationary vehicle—&#x
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(a)by a notice affixed lớn the vehicle,&#x
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(b)by a notice given to lớn a person appearing to be in charge of the vehicle, or&#x
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(c)in such other manner as may be specified by the regulations.&#x
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(3)The regulations may provide for notification of a penalty charge otherwise than in respect of a stationary vehicle to lớn be given in such manner as may be specified by the regulations.&#x
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(4)The regulations may not confer power khổng lồ stop vehicles.&#x
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(5)The regulations may provide that, if it appears lớn the enforcement authority that both the operator of a vehicle & the person in control of the vehicle are liable to a penalty charge, they may give notice lớn the operator requiring him khổng lồ provide them with the name & address of the person who was in control of the vehicle at the time of the alleged contravention.&#x
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(6)The regulations may include provision creating criminal offences khổng lồ be triable summarily and punishable with a fine not exceeding level 5 on the standard scale or such lower amount as may be specified.&#x
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I15S. 78 in force at 23.7.2007 for E. By S.I. 2007/2053, arts. 1(2), 2(1)(2)(e (with art. 4) (as amended (17.3.2008) by S.I. 2008/757, art. 3)
(1)Regulations under section 78 must include provision requiring notification of a penalty charge lớn be given by a notice affixed lớn the vehicle where the charge is in respect of a parking contravention on a road in a civil enforcement area in England.&#x
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(2)The regulations may, however, provide that the requirement does not apply in circumstances specified in the regulations (which may be framed by reference khổng lồ the type of contravention, the circumstances in which a contravention occurs or in any other way) and, where the regulations so provide, they may make any such alternative provision for notification as is authorised by section 78.>&#x
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F2S. 78A inserted (26.3.2015 for specified purposes, 1.4.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), ss. 53(2), 115(2)(b); S.I. 2015/994, art. 2(b)
79Immobilisation of vehicle where penalty charge payable
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(1)The appropriate national authority may make provision by regulations for or in connection with—&#x
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(a)the fixing of an immobilisation device to a stationary vehicle found in any place where there is reason to believe the vehicle has been permitted khổng lồ remain at rest there in circumstances in which a penalty charge has become payable, and&#x
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(b)the release of the vehicle from the device only on payment of—&#x
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(i)the penalty charge mentioned in paragraph (a),&#x
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(ii)such unpaid earlier penalty charges relating to the vehicle as may be specified in the regulations, and&#x
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(iii)the charge payable in respect of the release.&#x
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(2)The regulations may make provision authorising—&#x
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(a)the fixing of an immobilisation device to the vehicle while it remains in the place where it was found, or&#x
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(b)the moving of the vehicle to another place and the fixing of an immobilisation device to it in that other place,&#x
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and providing for any power nguồn of removal that was exercisable in relation to the vehicle before it was so moved to continue khổng lồ be exercisable in relation khổng lồ the vehicle while it remains in the place to which it was so moved.&#x
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(3)The regulations may provide—&#x
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(a)that on any occasion when an immobilisation device is fixed lớn a vehicle in accordance with the regulations, the person fixing the device shall also fix khổng lồ the vehicle a notice—&#x
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(i)indicating that such a device has been fixed lớn the vehicle & warning that no attempt should be made lớn drive it or otherwise put it in motion unless it has been released from the device;&#x
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(ii)specifying the steps to lớn be taken in order lớn secure its release; and&#x
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(iii)giving such other information as may be specified by the regulations; and&#x
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(b)that a notice fixed to a vehicle in accordance with the regulations shall not be removed or interfered with except by or under the authority of—&#x
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(i)the owner or person in charge of the vehicle, or&#x
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(ii)the enforcement authority,&#x
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and that a person contravening that prohibition commits an offence & is liable on summary conviction lớn a fine not exceeding cấp độ 2 on the standard scale.&#x
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(4)The regulations may also provide—&#x
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(a)that a vehicle to which an immobilisation device has been fixed in accordance with the regulations may only be released from the device by or under the direction of a person authorised by the enforcement authority; and&#x
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(b)that a person who, without being authorised to bởi vì so in accordance with the regulations, removes or attempts lớn remove an immobilisation device fixed khổng lồ a vehicle in accordance with the regulations commits an offence & is liable on summary conviction lớn a fine not exceeding màn chơi 3 on the standard scale.&#x
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(5)The regulations shall provide—&#x
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(a)that an immobilisation device must not be fixed khổng lồ a vehicle if a current disabled person"s badge is displayed on the vehicle; and&#x
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(b)that if, in a case in which an immobilisation device would have been fixed lớn a vehicle but for paragraph (a), the vehicle was not being used—&#x
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(i)in accordance with regulations under section 21 of the Chronically Sick & Disabled Persons Act 1970 (c. 44), and&#x
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(ii)in circumstances falling within section 117(1)(b) of the Road Traffic Regulation Act 1984 (c. 27) (use where a disabled person"s concession would be available),&#x
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the person in charge of the vehicle commits an offence & is liable on summary conviction to a fine not exceeding màn chơi 3 on the standard scale.&#x
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(a)that an immobilisation device must not be fixed lớn a vehicle if a current recognised badge is displayed on the vehicle; and&#x
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(b)that if, in a case in which an immobilisation device would have been fixed khổng lồ a vehicle but for paragraph (a), the vehicle was not being used—&#x
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(i)in accordance with regulations under section 21A of the Chronically Sick & Disabled Persons Act 1970, and&#x
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(ii)in circumstances falling within section 117(1A)(b) of the Road Traffic Regulation Act 1984 (use where a disabled person’s concession would be available by virtue of displaying a non-GB badge),&#x
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the person in charge of the vehicle commits an offence & is liable on summary conviction lớn a fine not exceeding level 3 on the standard scale.>&#x
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(6)The regulations shall also provide that an immobilisation device must not be fixed lớn a vehicle in a parking place in respect of a contravention consisting of, or arising out of, a failure—&#x
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(a)to pay a parking charge with respect to the vehicle,&#x
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(b)properly to lớn display a ticket or parking device, or&#x
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(c)to remove the vehicle from the parking space by the end of a period for which the appropriate charge was paid,&#x
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until 15 minutes have elapsed since the giving of a notification of a penalty charge in respect of the contravention.&#x
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(7)In this section—&#x
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“disabled person"s badge“ has the same meaning as in section 142(1) of the Road Traffic Regulation Act 1984;&#x
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