Pavement Parking Bill (HC Bill 32)

1 Prohibition of parking on verges, central reservations and footways

(1) The Road Traffic Act 1988 is amended as follows.

(2) After section 19 insert—

“19A Parking on verges, central reservations and footways

(1) 5A person who parks a motor vehicle (as defined in section 185 of this
Act) wholly or partly—

(a) on the verge of an urban road, or

(b) on a footway comprised of an urban road,

is guilty of a civil offence, subject to the provisions of regulations made
10under section 3 of the Pavement Parking Act 2014.

(2) An offence under this section shall be treated as a traffic contravention
for the purposes of Part 6 of the Traffic Management Act 2004 and
regulations made under it.

(3) A highway authority may by resolution, or in the case of the Secretary
15of State by such notice as appears to him to be appropriate, authorise,
from a date specified in the resolution or notice, the parking of vehicles
on or over a footway or any part of a footway as referred to in
subsection (1).

(4) In this section—

• 20“carriageway” and “footway” have the same meanings as in the
  Highways Act 1980,

Pavement Parking BillPage 2

• “urban road” means a road which—

  (a)

  is a restricted road for the purposes of section 81 of the
  Road Traffic Regulation Act 1980, or

  (b)

  is subject to an order under section 84 of that Act
  5imposing a speed limit not exceeding 40 miles per hour,
  or

  (c)

  is subject to a speed limit not exceeding 40 miles per
  hour which is imposed by or under any local Act,

• “vehicle” means a mechanically propelled vehicle or a vehicle
  10designed or adapted for towing by, or to be attached to, a
  mechanically propelled vehicle but does not include a heavy
  commercial vehicle within the meaning of section 19 of the
  Road Traffic Act 1988.”

2 Consequential amendments

(1) 15Schedule 7, Part 1 of the Traffic Management Act 2004 is amended as follows.

(2) After paragraph 3(2)(h) insert—

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

(3) After paragraph 4(2)(i) insert—

“(j) 20an offence under section 19A of the Road Traffic Act 1988 (c.
52) (parking on verges, central reservations or footways).”

3 Regulations

(1) The Secretary of State shall make regulations as to statutory exemptions from
the provisions in section 1 of this Act and requirements as to adequate
25advertisement, markings and signage.

(2) The Secretary of State shall, following such public consultation as the Secretary
of State considers sufficient, make regulations amending the maximum fine
levels in the Civil Enforcement of Parking Contraventions (Guidelines on
Levels of Charges) (England) Order 2007 (SI 2007/3487SI 2007/3487) so as to allow those
30authorities who take up the additional enforcement powers available to them
under this Act to make a fair increase in the level of such fines. In making
regulations under this section the Secretary of State shall give directions about
how “fair” is to be defined for the purposes of this section.

4 Guidance

(1) 35The Secretary of State shall consult on and issue statutory guidance to all civil
enforcement authorities before this Act comes into force.

(2) Guidance issued under this section shall include a requirement that civil
enforcement authorities shall prioritise enforcement in areas already subject to
an existing Traffic Regulation Order, made under the Road Traffic Regulation
40Act 1984, or where the relevant authority has formally been notified that
pavement parking is taking place.

(3) In this section, “relevant authority” means a local authority in England or
Wales that has assumed civil parking enforcement powers under Part 6 of the
Traffic Management Act 2004.

5 Short title, commencement and extent

(1) This Act may be cited as the Pavement Parking Act 2014.

(2) ThisAct shall come into force 12 months following the date of Royal Assent.

(3) This Act extends to England and Wales.