Traffic Management Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Traffic Management Bill

Traffic Management Bill
Schedule 8 — Civil enforcement areas and enforcement authorities
Part 2 — Outside Greater London
78

(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
council;
(d)
with respect to the whole of their areas, by two or more metropolitan
5
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.
      (3)
Before making an order under this paragraph the appropriate national
authority shall consult the appropriate chief officer of police.
10
      (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
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
15
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,
are—
(a)
in relation to contraventions relating to a parking place—
20
(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,

to the authority by whom the parking place was provided,
authorised or designated;
25
(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
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
30
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
contraventions.
      (3)
An order in force immediately before the commencement of this Part of this
35
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
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
40
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
whose area the contravention is committed.
Designation of civil enforcement areas for moving traffic contraventions
45
10    (1)
The appropriate national authority may, on an application under this
paragraph, make an order designating the whole or part of a local

Traffic Management Bill
Schedule 9 — Civil enforcement: setting the level of charges
Part 1 — Charges to which this Schedule applies
79

authority’s area as a civil enforcement area for moving traffic
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
contraventions.
5
      (3)
An application under this paragraph may be made—
(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;
10
(c)
with respect to the whole or part of their area, by a metropolitan
district 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
15
of the Isles of Scilly.
      (4)
Before making an order under this paragraph the appropriate national
authority shall consult the appropriate chief officer of police.
      (5)
In relation to a civil enforcement area designated by order under this
paragraph, references in this Part of this Act to the enforcement authority are
20
to the authority on whose application the order was made or, if the
application was a joint application, any of the authorities on whose
application the order was made.
Schedule 9
Section 74

Civil enforcement: setting the level of charges
25
Part 1
Charges to which this Schedule applies
Charges to which this Schedule applies
1     (1)
This Schedule provides for the setting of the levels of—
(a)
penalty charges, including any discounts or surcharges,
30
(b)
charges made by authorities under section 102 of the Road Traffic
Regulation Act 1984 (c. 27) for the removal, storage and disposal of
vehicles found in areas that are civil enforcement areas for parking
contraventions, and
(c)
charges for the release of vehicles from an immobilisation device
35
under regulations under section 76 above.
      (2)
References in this Schedule to “charges” are to those charges.

Traffic Management Bill
Schedule 9 — Civil enforcement: setting the level of charges
Part 2 — Charges applicable in Greater London
80

Part 2
Charges applicable in Greater London
Charges to be set by Transport for London or London local authorities
2     (1)
It is the duty—
(a)
of Transport for London, so far as relating to contraventions on or
5
adjacent to GLA roads, and
(b)
of the London local authorities, so far as relating to—
(i)
parking places provided or authorised by such authorities, or
(ii)
contraventions on or adjacent to roads other than GLA roads,

to set the levels of charges applicable in Greater London.
10
      (2)
Different levels of charges may be set for different areas in London and for
different cases or classes of case.
      (3)
Before setting the level of any charges Transport for London must consult
the London local authorities.
Supervisory role of Mayor of London
15
3     (1)
Transport for London and the London local authorities must submit to the
Mayor of London for his approval the levels of charges that they propose to
set.
      (2)
If—
(a)
Transport for London or the London local authorities fail to
20
discharge their duty under paragraph 2, or
(b)
the Mayor of London does not approve the levels of charges
proposed by the London local authorities,

the levels of charges shall be set by order made by the Mayor of London.
Reserve powers of Secretary of State
25
4     (1)
The following provisions apply where the Mayor of London—
(a)
approves any levels of charges on a submission under paragraph
3(1), or
(b)
sets any such levels under paragraph 3(2).
      (2)
The Mayor must notify the Secretary of State of the levels of charges so
30
approved or set.
      (3)
The levels of charges shall not come into force until after the expiration of—
(a)
the period of one month beginning with the date on which the
notification is given, or
(b)
such shorter period as the Secretary of State may allow.
35
      (4)
The Secretary of State may before the end of that period give notice to the
Mayor of London that he objects to the levels of charges on the grounds that
some or all of them are excessive.

If he does so those levels of charges shall not come into force unless and until
the objection has been withdrawn.
40
      (5)
If at any time before the levels of charges have come into force, the Secretary
of State considers that some or all of them are excessive, he may make
regulations setting the levels of charges.

Traffic Management Bill
Schedule 9 — Civil enforcement: setting the level of charges
Part 3 — Charges applicable outside Greater London
81


Those levels must be no higher than those notified under sub-paragraph (2).
      (6)
If the Secretary of State makes regulations under sub-paragraph (5) no
further submission to the Mayor of London under paragraph 3(1) may be
made until after the end of the period of twelve months beginning with the
day on which the regulations are made.
5
Publication of levels of charges
5     (1)
Transport for London and the London local authorities shall publish, in such
manner as the Mayor of London may determine, the levels of charges set in
accordance with this Part of this Schedule.
      (2)
The duty imposed by sub-paragraph (1) applies—
10
(a)
to Transport for London so far as the charges relate to contraventions
on or adjacent to GLA roads, and
(b)
to the London local authorities so far as they relate to—
(i)
parking places provided or authorised by such authorities, or
(ii)
contraventions on or adjacent to roads other than GLA roads.
15
Discharge of functions by London local authorities
6     (1)
The Secretary of State may make provision by regulations as to the discharge
by London local authorities of the functions conferred on them by this Part
of this Schedule.
      (2)
The regulations may provide for the functions to be discharged by means of
20
arrangements under section 101 of the Local Government Act 1972 (c. 70)
(arrangements for discharge of functions by local authorities) or in such
other way as the regulations may provide.
      (3)
The regulations may make provision for continuing in force for the purposes
of this Part of this Schedule any arrangements in force immediately before
25
the commencement of this Part for the discharge of functions corresponding
to the functions of London local authorities under this Part of this Schedule.
Part 3
Charges applicable outside Greater London
Charges to be set by enforcement authority
30
7     (1)
Outside Greater London it is the duty of each enforcement authority to set
the level of charges applicable in the case of contraventions for which they
are the enforcement authority.
      (2)
Different levels of charges may be set for different contraventions, for
different parts of a civil enforcement area and for other different cases or
35
classes of case.
Guidance by appropriate national authority
8     (1)
The levels of charges set by enforcement authorities under this Part of this
Schedule must accord with guidance given by the appropriate national
authority.
40

Traffic Management Bill
Schedule 10 — Civil enforcement: special enforcement areas
82

      (2)
Such guidance may be given specifically to an enforcement authority or to
enforcement authorities generally and may be varied at any time by the
appropriate national authority.
Publication of levels of charges
9
An enforcement authority for an area outside Greater London shall publish,
5
in such manner as the appropriate national authority may determine, the
levels of charges set under this Part of this Schedule.
Schedule 10
Section 81

Civil enforcement: special enforcement areas
Designation of special enforcement areas in Greater London
10
1     (1)
The Secretary of State may, on an application by a London authority, make
an order designating the whole or part of that authority’s area as a special
enforcement area.
      (2)
An area may only be so designated if it is within, or is co-extensive with, an
area that is a civil enforcement area for parking contraventions within
15
paragraph 3 of Schedule 7 (parking contraventions other than those relating
to parking places).
      (3)
An application under this section may be made—
(a)
by Transport for London, to the extent that the special enforcement
area is to consist of GLA roads;
20
(b)
by a London local authority, to the extent that the special
enforcement area is to consist of roads other than GLA roads.
      (4)
Before making an order under this paragraph the Secretary of State shall
consult the Commissioner of Police of the Metropolis or the Commissioner
of Police for the City of London or, if appropriate, both of them.
25
      (5)
An order in force immediately before the commencement of this Part of this
Act under section 76 of the Road Traffic Act 1991 (c. 40) designating an area
in Greater London as a special parking area has effect on and after the
commencement of this Part of this Act as if it were an order under this
paragraph designating the area as a special enforcement area.
30
Variation of special enforcement area by Mayor of London
2     (1)
The Mayor of London may by order under this paragraph amend an order
for the time being in force under paragraph 1 so as to vary the area that for
the time being constitutes the special enforcement area.
      (2)
No such order may be made without the consent of the relevant London
35
authority for every road that the order has the effect of bringing within, or
removing from, the special 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
40
in whose area the road is situated.

Traffic Management Bill
Schedule 11 — Civil enforcement: consequential amendments
83

      (4)
An order under this paragraph must not be such as to bring within a special
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 special enforcement area.
      (5)
An order in force immediately before the commencement of this Part of this
5
Act under section 76A(1) or (3)(a) of the Road Traffic Act 1991 (c. 40) has
effect on and after the commencement of this Part of this Act as if it made
corresponding provision under this paragraph.
Designation of special enforcement areas outside Greater London
3     (1)
The appropriate national authority may, on an application under this
10
paragraph, make an order designating the whole or part of a local
authority’s area as a special enforcement area.
      (2)
An area may only be so designated if it is within, or is co-extensive with, an
area that is a civil enforcement area for parking contraventions.
      (3)
An application under this paragraph may be made—
15
(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
20
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.
25
      (4)
Before making an order under this paragraph the appropriate national
authority shall consult the appropriate chief officer of police.
      (5)
An order in force immediately before the commencement of this Part of this
Act under paragraph 2(1) of Schedule 3 to the Road Traffic Act 1991
designating an area outside Greater London as a special parking area has
30
effect on and after the commencement of this Part of this Act as if it were an
order under this paragraph designating the area as a special enforcement
area.
Schedule 11
Section 87

Civil enforcement: consequential amendments
35
Road Traffic Regulation Act 1984
1     (1)
Section 46 of the Road Traffic Regulation Act 1984 (c. 27) (charges at, and
regulation of, designated parking places) is amended as follows.
      (2)
In subsection (1) after “outside Greater London” insert “, and not in a civil
enforcement area for parking contraventions,”.
40
      (3)
In subsection (1A) after “in Greater London” insert “, or outside Greater
London in a civil enforcement area for parking contraventions,”.

Traffic Management Bill
Schedule 11 — Civil enforcement: consequential amendments
84

      (4)
After subsection (5) add—
“(6)
In this section “civil enforcement area for parking contraventions”
has the same meaning as in Part 6 of the Traffic Management Act
2004.”.
2
In section 63A of the Road Traffic Regulation Act 1984 (c. 27) (parking
5
attendants), for subsection (4) (requirement to wear uniform) substitute—
“(4)
Parking attendants in an area that is a civil enforcement area for
parking contraventions—
(a)
when exercising prescribed functions must wear such
uniform as may be determined by the enforcement authority
10
in accordance with guidance issued by the appropriate
national authority, and
(b)
must not exercise any of those functions when not in
uniform.

Expressions used in this subsection that are defined for the purposes
15
of Part 6 of the Traffic Management Act 2004 have the same meaning
as in that Part.”.
3     (1)
In section 101 of the Road Traffic Regulation Act 1984 (disposal of vehicles
removed under that Act)—
(a)
in subsection (1) (power of competent authority to dispose of vehicle)
20
for “Subject to subsections (3) to (5A) below” substitute “Subject to
subsection (3) and section 101A below”;
(b)
omit subsections (4) to (6) (right of owner to recover vehicle or
proceeds of sale).
      (2)
After that section insert—
25
“101A   Right of owner to recover vehicle or proceeds of sale
(1)
If before a vehicle is disposed of by an authority under section 101
above it is claimed by a person who—
(a)
satisfies the authority that he is its owner, and
(b)
pays the relevant charges,
30

the authority shall permit him to remove the vehicle from their
custody within such period as they may specify or, in the case of an
authority other than a local authority, as may be prescribed.
(2)
If before the end of the period of one year beginning with the date on
which a vehicle is sold by an authority under section 101 above a
35
person satisfies the authority that at the time of the sale he was the
owner of the vehicle, the authority shall pay him any sum by which
the proceeds of sale exceed the amount of the relevant charges.
(3)
In the case of a vehicle found in an area that is a civil enforcement
area for parking contraventions, the relevant charges are—
40
(a)
any penalty charge payable in respect of the parking of the
vehicle in the place from which it was removed,
(b)
such unpaid earlier penalty charges relating to the vehicle as
may be prescribed, and
(c)
such sums in respect of the removal and storage of the
45
vehicle—
(i)
as the authority may require in accordance with
Schedule 9 of the Traffic Management Act 2004, or