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Traffic Management Bill


Traffic Management Bill
Schedule 7 — Road traffic contraventions subject to civil enforcement
Part 4 — Moving traffic contraventions

71

 

(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

5

(b)   

such associations of local authorities (if any),

           

as the authority considers appropriate.

Part 2

Bus lane contraventions

Bus lane contraventions

10

6     (1)  

A bus lane contravention is a contravention of any provision of a traffic

order relating to the use of an area of road that is or forms part of a bus lane.

      (2)  

An area of road is or forms part of a bus lane if the order provides that it may

be used—

(a)   

only by buses (or a particular description of bus), or

15

(b)   

only by buses (or a particular description of bus) and some other

class or classes of vehicular traffic.

      (3)  

In this paragraph—

“bus” includes a tramcar (within the meaning of section 141A of the

Road Traffic Regulation Act 1984 (c. 27)) and a trolley vehicle

20

(within the meaning of that section); and

“traffic order” means an order under section 1, 6, 9 or 14 of that Act.

Part 3

London lorry ban contraventions

London lorry ban contraventions

25

7          

A London lorry ban contravention is a contravention of the Greater London

(Restriction of Goods Vehicles) Traffic Order 1985 made by the Greater

London Council under section 6 of the Road Traffic Regulation Act 1984, or

any order replacing that order, as amended from time to time.

Part 4

30

Moving traffic contraventions

Moving traffic contraventions

8     (1)  

A moving traffic contravention is—

(a)   

an offence under section 36 of the Road Traffic Act 1988 (c. 52) of

failing to comply with the indication given by a traffic sign that is

35

subject to civil enforcement (see paragraph 9), or

(b)   

an offence of failing to comply with a traffic order in so far as it

makes provision for a requirement, restriction or prohibition that is

conveyed by a traffic sign subject to civil enforcement.

 

 

Traffic Management Bill
Schedule 7 — Road traffic contraventions subject to civil enforcement
Part 4 — Moving traffic contraventions

72

 

      (2)  

In sub-paragraph (1)(b) “traffic order” means an order under section 1, 6, 9,

14 or 16A of the Road Traffic Regulation Act 1984 (c. 27).

      (3)  

If conduct is both a moving traffic contravention and a London lorry ban

contravention (see Part 3 above), a penalty charge may only be imposed on

the latter basis.

5

      (4)  

If in any other case the same conduct is a moving traffic contravention under

sub-paragraph (1)(a) and (b), a penalty charge may be imposed on either

basis but not both.

Traffic signs subject to civil enforcement

9     (1)  

The table below specifies the traffic signs that are subject to civil

10

enforcement.

      (2)  

In the table—

(a)   

column 1 sets out the description, corresponding to the description

in the Traffic Signs Regulations and General Directions 2002 (S.I.

2002/3113), of the requirement, restriction or prohibition conveyed

15

by the sign, and

(b)   

column 2 sets out the number given to the diagram illustrating the

sign in that instrument.

      (3)  

References in the table to any sign include any permitted variant of that sign.

      (4)  

The table is as follows:

20

 

Description

Diagram

 
  

number

 
 

Vehicular traffic must proceed in the direction indicated by the

606

 
 

arrow

  
 

Vehicular traffic must turn ahead in the direction indicated by

609

 

25

 

the arrow

  
 

Vehicular traffic must comply with the requirements in

610

 
 

regulation 15

  
 

No right turn for vehicular traffic

612

 
 

No left turn for vehicular traffic

613

 

30

 

No U-turns for vehicular traffic

614

 
 

Priority must be given to vehicles from the opposite direction

615, 615.1

 
 

No entry for vehicular traffic (when the restriction or prohibition

616

 
 

is one that may be indicated by another traffic sign subject to

  
 

civil enforcement)

  

35

 

All vehicles prohibited except non-mechanically propelled

617

 
 

vehicles being pushed by pedestrians

  
 

Entry to pedestrian zone restricted (alternative types)

618.2

 
 

Entry to and waiting in pedestrian zone restricted (alternative

618.3

 
 

types)

  

40

 

 

Traffic Management Bill
Schedule 8 — Civil enforcement areas and enforcement authorities
Part 1 — In Greater London

73

 
 

Entry to and waiting in pedestrian zone restricted (variable

618.3A

 
 

message sign)

  
 

Motor vehicles prohibited

619

 
 

Motor vehicles except solo motor cycles prohibited

619.1

 
 

Solo motor cycles prohibited

619.2

 

5

 

Goods vehicles exceeding the maximum gross weight indicated

622.1A

 
 

on the goods vehicle symbol prohibited

  
 

One way traffic

652

 
 

Route for use by buses and pedal cycles only

953

 
 

Route for use by tramcars only

953.1

 

10

 

Box junction markings

1043, 1044

 
 

Power to amend table

10    (1)  

The appropriate national authority may by regulations amend the table in

paragraph 9(4) so as to add further traffic signs.

      (2)  

A traffic sign may only be added to the table if it is of a type—

15

(a)   

regulating the movement of vehicles (and not stationary vehicles),

(b)   

to which section 36 of the Road Traffic Act 1988 (c. 52) applies

(offence of failure to comply with traffic sign), and

(c)   

failure to comply with which is not an offence involving obligatory

endorsement.

20

           

In paragraph (c) “offence involving obligatory endorsement” has the

meaning given by section 96 of the Road Traffic Offenders Act 1988 (c. 53).

      (3)  

Before making regulations under this paragraph the appropriate national

authority shall consult—

(a)   

such representatives of chief officers of police, and

25

(b)   

such associations of local authorities (if any),

           

as the authority considers appropriate.

Schedule 8

Section 70

 

Civil enforcement areas and enforcement authorities

Part 1

30

In Greater London

Civil enforcement of parking contraventions relating to parking places

1     (1)  

The whole of Greater London is a civil enforcement area for parking

contraventions within paragraph 2 of Schedule 7 (contraventions relating to

parking places).

35

 

 

Traffic Management Bill
Schedule 8 — Civil enforcement areas and enforcement authorities
Part 1 — In Greater London

74

 

      (2)  

References in this Part of this Act to the enforcement authority in relation to

such contraventions are to the authority by whom the parking place in

question was designated or provided.

Civil enforcement of other parking contraventions

2     (1)  

The Secretary of State may, on an application by a London authority, make

5

an order designating the whole or part of the authority’s area as a civil

enforcement area for parking contraventions within paragraph 3 of

Schedule 7 (contraventions other than those relating to parking places).

      (2)  

An application may be made—

(a)   

by Transport for London, to the extent that the civil enforcement area

10

is to consist of GLA roads;

(b)   

by a London local authority, to the extent that the civil enforcement

area is to consist of roads other than GLA roads.

      (3)  

Before making an order under this paragraph the Secretary of State shall

consult the Commissioner of Police of the Metropolis or the Commissioner

15

of Police for the City of London or, if appropriate, both of them.

      (4)  

An order in force immediately before the commencement of this Part of this

Act designating an area in Greater London as a special parking area under

section 76 of the Road Traffic Act 1991 (c. 40) has effect on and after the

commencement of this Part of this Act as if it were an order under this

20

paragraph designating that area as a civil enforcement area for such parking

contraventions as are mentioned in sub-paragraph (1).

      (5)  

References in this Part of this Act to the enforcement authority in relation to

such contraventions in Greater London are—

(a)   

as respects parking, or any matter connected with or relating to

25

parking, on or adjacent to a GLA road, to Transport for London;

(b)   

as respects parking, or any matter connected with or relating to

parking, on or adjacent to a road other than a GLA road, to the

London local authority in whose area the road is situated.

Variation of civil enforcement area by Mayor of London

30

3     (1)  

The Mayor of London may by order under this paragraph amend an order

for the time being in force under paragraph 2 so as to vary the area that for

the time being constitutes the civil enforcement area.

      (2)  

No such order may be made without the consent of the relevant London

authority for every road that the order has the effect of bringing within, or

35

removing from, the civil enforcement area.

      (3)  

The relevant London authority is—

(a)   

as regards GLA roads, Transport for London;

(b)   

as regards roads other than GLA roads, the London local authority

in whose area the road is situated.

40

      (4)  

An order under this paragraph must not be such as to bring within a civil

enforcement area an area as to which the Secretary of State has specified by

order that it is expedient on grounds of national security that no part of it

should be included in a civil enforcement area.

      (5)  

An order in force immediately before the commencement of this Part of this

45

Act under section 76A(1) or (3)(a) of the Road Traffic Act 1991 has effect on

 

 

Traffic Management Bill
Schedule 8 — Civil enforcement areas and enforcement authorities
Part 1 — In Greater London

75

 

and after the commencement of this Part of this Act as if made under the

corresponding provision of this paragraph.

Civil enforcement of bus lane contraventions

4     (1)  

The whole of Greater London is a civil enforcement area for bus lane

contraventions.

5

      (2)  

References in this Part of this Act to the enforcement authority in relation to

bus lane contraventions in Greater London are—

(a)   

in relation to contraventions on GLA roads, to Transport for London

or the relevant London local authority acting with the written

consent of Transport for London;

10

(b)   

in relation to contraventions on roads other than GLA roads, to the

relevant London local authority or Transport for London acting with

the written consent of the relevant London local authority.

      (3)  

Consent under sub-paragraph (2)(a) or (b) may be given with respect to the

whole or part of the area of the relevant London local authority.

15

      (4)  

In this paragraph “the relevant London local authority” means the London

local authority in whose area the contravention is committed.

      (5)  

Any consent in force immediately before the commencement of this Part of

this Act for the purposes of the provisions of regulations under section 144

of the Transport Act 2000 (c. 38) corresponding to the provisions of this

20

paragraph has effect on and after the commencement of this Part of this Act

as if given under this paragraph.

Civil enforcement of London lorry ban contraventions

5     (1)  

The whole of Greater London is a civil enforcement area for London lorry

ban contraventions.

25

      (2)  

References in this Part of this Act to the enforcement authority in relation to

such contraventions are—

(a)   

in relation to contraventions on GLA roads, to Transport for London;

(b)   

in relation to contraventions on roads other than GLA roads, to the

London local authority in whose area the contravention is

30

committed.

Civil enforcement of moving traffic contraventions: London local authorities

6     (1)  

A London local authority may by resolution declare the whole or part of its

area to be a civil enforcement area for moving traffic contraventions.

      (2)  

The resolution must specify the date on which it is to have effect, which must

35

be not less than three months after publication of the notice required by sub-

paragraph (3).

      (3)  

The authority shall cause notice to be published in a local newspaper

circulating in their area—

(a)   

of the passing of the resolution, and

40

(b)   

of the general effect of the provisions of this Act coming into

operation as a result of it.

      (4)  

A photocopy or other reproduction certified by the officer appointed for that

purpose by the authority to be a reproduction of a page or part of a page of

 

 

Traffic Management Bill
Schedule 8 — Civil enforcement areas and enforcement authorities
Part 2 — Outside Greater London

76

 

any such newspaper bearing the date of its publication and containing any

such notice shall be evidence of the publication of the notice and of the date

of publication.

      (5)  

A civil enforcement area declared by resolution under this paragraph does

not extend to any GLA road.

5

      (6)  

In relation to moving traffic contraventions in a civil enforcement area

created by resolution under this paragraph, references in this Part of this Act

to the enforcement authority are to the London local authority by whom the

resolution was passed or Transport for London acting with the written

consent of that authority.

10

           

Consent may be given with respect to the whole or part of the area of the

London local authority.

Civil enforcement of moving traffic contraventions: Transport for London

7     (1)  

Transport for London may declare the whole or part of one or more GLA

roads to be a civil enforcement area for moving traffic contraventions.

15

      (2)  

The declaration must specify the date on which it is to have effect, which

must be not less than three months after publication of the notice required

by sub-paragraph (3).

      (3)  

Transport for London shall cause notice to be published in a local newspaper

circulating in the area of each London local authority in which a road, or part

20

of a road, to which the declaration relates is situated—

(a)   

of the making of the declaration, and

(b)   

of the general effect of the provisions of this Act coming into

operation as a result of it.

      (4)  

A photocopy or other reproduction certified by the officer appointed for that

25

purpose by Transport for London to be a reproduction of a page or part of a

page of any such newspaper bearing the date of its publication and

containing any such notice shall be evidence of the publication of the notice

and of the date of publication.

      (5)  

In relation to moving traffic contraventions in a civil enforcement area

30

declared under this paragraph, references in this Part of this Act to the

enforcement authority are to Transport for London or the London local

authority in whose area the contravention is committed acting with the

written consent of Transport for London.

           

Consent may be given with respect to the whole or part of the area of a

35

London local authority.

Part 2

Outside Greater London

Designation of civil enforcement areas for parking contraventions

8     (1)  

The appropriate national authority may, on an application under this

40

paragraph, make an order designating the whole or part of a local

authority’s area as a civil enforcement area for parking contraventions.

      (2)  

An application under this paragraph may be made—

 

 

Traffic Management Bill
Schedule 8 — Civil enforcement areas and enforcement authorities
Part 2 — Outside Greater London

77

 

(a)   

with respect to the whole or part of their area, by a county council in

England;

(b)   

with respect to the whole or part of their area, by a county council or

county borough council in Wales;

(c)   

with respect to the whole of their area, by a metropolitan district

5

council;

(d)   

with respect to the whole of their areas, by two or more metropolitan

district councils acting jointly;

(e)   

with respect to the whole or part of the Isles of Scilly, by the Council

of the Isles of Scilly.

10

      (3)  

Before making an order under this paragraph the appropriate national

authority shall consult the appropriate chief officer of police.

      (4)  

An order in force immediately before the commencement of this Part of this

Act designating an area outside Greater London as a permitted parking area

and special parking area under paragraphs 1(1) and 2(1) of Schedule 3 to the

15

Road Traffic Act 1991 (c. 40) has effect on and after the commencement of

this Part of this Act as an order under this paragraph designating the area as

a civil enforcement area for parking contraventions.

      (5)  

References in this Part of this Act to the enforcement authority in relation to

parking contraventions in a civil enforcement area outside Greater London,

20

are—

(a)   

in relation to contraventions relating to a parking place—

(i)   

provided or authorised under section 32(1)(a) or (b) of the

Road Traffic Regulation Act 1984 (c. 27), or

(ii)   

designated by order under section 45 of that Act,

25

   

to the authority by whom the parking place was provided,

authorised or designated;

(b)   

in relation to other parking contraventions, to the local authority in

whose area the contravention is committed.

Designation of civil enforcement areas for bus lane contraventions

30

9     (1)  

The appropriate national authority may make an order designating the

whole or part of a local authority’s area as a civil enforcement area for bus

lane contraventions.

      (2)  

An area may only be so designated if it is within, or is co-extensive with, an

area already designated as a civil enforcement area for parking

35

contraventions.

      (3)  

An order in force immediately before the commencement of this Part of this

Act approving a local authority for the purposes of section 144 of the

Transport Act 2000 (c. 38) (civil penalties for bus lane contraventions) has

effect on and after the commencement of this Part of this Act as an order

40

under this paragraph designating as a civil enforcement area for bus lane

contraventions so much of that authority’s area as is a civil enforcement area

for parking contraventions.

      (4)  

References in this Part of this Act to the enforcement authority in relation to

bus lane contraventions outside Greater London are to the local authority in

45

whose area the contravention is committed.

 

 

 
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Revised 15 December 2003