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10 Parking of commercial vehicles
| (1) | This section shall have effect in relation to a road as from the appointed day.
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| (2) | The day to be fixed under section 3 (Appointed day) of this Act for the purposes of this section shall be fixed by Transport for London in relation to highways for which they are the highway authority and by the borough council in respect of any other part of their area.
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| (3) | A London authority shall not appoint a day under this section unless it has consulted the Freight Transport Association and the Road Haulage Association.
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“commercial vehicle” means any goods vehicle the maximum gross weight of which exceeds five tonnes or a bus, and “goods vehicle” and “bus” have the same meanings ascribed to them by the signs regulations;
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“controlled area” means any area into which each entrance for vehicular traffic has been indicated by a prescribed sign;
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“goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods or burden of any description, or a trailer so constructed or adapted;
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“prescribed sign” means a sign of the type shown in diagram 665 in Schedule 1 to the signs regulations or such other sign as may be prescribed for the purposes of this section by regulations made by the Secretary of State;
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“road” has the same meaning as in the 1984 Act;
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“the signs regulations” means the Traffic Signs Regulations and General Directions 2002 (SI 2002 No. 3113);
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“specified period” in relation to a controlled area means, subject to subsection (8) below, the period between 6.30 p.m. on any day and 8.00 a.m. on the following day.
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| (5) | A London authority may not—
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| (a) | establish a new controlled area;
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| (b) | alter the limits of an existing controlled area;
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| (c) | alter the specified period under subsection (8) below,
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| | unless it has consulted the Freight Transport Association and the Road Haulage Association. |
| (6) | As from the appointed day, no person shall—
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| (a) | without the permission of—
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| (i) | a constable in uniform;
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| (ii) | a London authority; or
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| (iii) | an authorised officer of a London authority; or
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| (b) | unless in accordance with an order or resolution under subsection (7) below,
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| | cause or permit a commercial vehicle to wait on a road in any part of a controlled area in the area of the Authority during the specified period. |
| (7) | A London authority may by order or resolution exclude any road or part or length of a road within its area from the provisions or parts of the provisions of this section, and shall provide in such a road or part or length of a road signs prescribed or approved by the Secretary of State indicating that commercial vehicles or certain types of commercial vehicles may wait there during the specified period or part of the specified period.
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| (8) | A London authority may by resolution amend the specified period in relation to its area.
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| (9) | Nothing in this section shall prohibit the driver of a vehicle from causing it to wait in the circumstances mentioned in subsection (6) above—
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| (a) | if the vehicle is being used for fire brigade, ambulance, police or defence purposes (including civil defence purposes);
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| (b) | if the driver is prevented from proceeding by circumstances beyond his control or it is necessary for him to wait in order to avoid an accident;
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| (c) | for so long as may be necessary for the purposes of enabling any person to board or alight from a vehicle or to load or unload his personal luggage;
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| (d) | for so long as may be necessary (up to a maximum of 20 minutes) for the delivery or collection of goods or merchandise or the loading or unloading of the vehicle at any premises if that cannot be reasonably carried out as respects those premises without waiting as mentioned in subsection (6) above;
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| (e) | if the vehicle is a public service vehicle as defined in section 1 of the Public Passenger Vehicles Act 1981 (c. 14) in the ordinary course of its use as such;
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| (f) | if the vehicle is being used for a purpose for which subsection (8) below applies.
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| (10) | This subsection applies to any purpose connected with—
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| (a) | any building operation, demolition or excavation;
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| (b) | the removal of any obstruction or potential obstruction to traffic;
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| (c) | the maintenance, improvement or reconstruction of a road;
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| (d) | the laying, erection, placing, maintenance, testing, alteration, repair, removal or cleaning of—
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| (i) | any traffic sign, traffic light or street light;
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| (ii) | any sewer or any main, pipe, cable or apparatus for the supply of water, gas or electricity; or
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| (iii) | any telegraph or telephone wire, cable post or support.
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| (11) | A controlled area shall be treated, for the purposes of the signs regulations, as a controlled parking zone, but nothing in those regulations shall require the placing of signs in relation to a controlled area, otherwise than at each entrance to the area for vehicular traffic.
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| (12) | Section 77 of the 1991 Act (which provides that penalty charges are payable in respect of decriminalised parking offences in London) shall apply in relation to a vehicle which is permitted to wait in any controlled area in contravention of subsection (6) above, as though it were a vehicle which is stationary in a special parking area in the circumstances mentioned in subsection (1) of that section.
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| (13) | Schedule 7 to the 2004 Act (road traffic contraventions subject to civil enforcement) shall be amended by the insertion of the following paragraph after paragraph 2—
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Contraventions relating to parking of commercial vehicles in Greater London
"2A.
In Greater London there is a parking contravention in relation to a vehicle if there is a contravention of section 10(6) of the London Local Authorities and Transport for London Act 2005 (parking of commercial vehicles).".
| (14) | As from the appointed day, any order made by a London Authority which makes provision for a controlled parking zone, within the meaning of paragraph (b) of that term in regulation 4 of the signs regulations, shall cease to have effect.
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| (15) | As from the appointed day insofar as it is appointed by the London Borough of Haringey, section 3 (Parking of heavy vehicles, trailers and caravans) of the Haringey Corporation Act 1971 (c. li) shall cease to have effect as respects—
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| (a) | heavy vehicles within the meaning given by the said section 3 of that Act; and
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| (b) | trailers which are commercial vehicles within the meaning of this section.
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11 Obscured registration plates
| (1) | An authorised officer of a London Authority or a parking attendant may remove anything which obscures a registration mark or registration plate or any part of a registration mark or registration plate.
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| (2) | None of the persons mentioned in subsection (3) below is to have any liability to any other person for damages or otherwise (whether at common law or otherwise) arising out of anything done or omitted to be done in the exercise or purported exercise of the power under subsection (1) above.
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| (3) | Those persons are a borough council, Transport for London, any employee of a borough council or Transport for London, and any authorised officer, parking attendant or person by whom a parking attendant is employed.
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| (4) | Subsection (2) does not apply—
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| (a) | if the act or omission is shown to have been in bad faith;
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| (b) | to liability arising out of a failure to exercise due care and attention;
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| (c) | so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998 (c. 42).
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| (5) | Subsection (2) above does not affect any other exemption from liability (whether at common law or otherwise).
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“parking attendant” has the same meaning as in section 82(1) of the 1991 Act;
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“registration mark” means a registration mark assigned to a vehicle by the Secretary of State under section 23 of the Vehicle Excise and Registration Act 1994 (c. 22);
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“registration plate” means a registration plate issued under subsection (6) of section 18 (Registration and registration plates) of this Act.
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PART 3
ROAD TRAFFIC AND HIGHWAYS
12 Driving on the footway
| (1) | This section shall have effect as from the appointed day.
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| (2) | The day to be fixed under section 3 (Appointed day) of this Act for the purposes of this section shall be fixed by Transport for London in relation to footways for which they are the highway authority and by the borough council in respect of any other part of their area.
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| (3) | For the purposes of section 4 (Penalty charge notices) of the Act of 2003, a penalty charge is payable with respect to a motor vehicle by the owner of the vehicle if the person driving or propelling the vehicle does so in contravention of—
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| (a) | section 72 of the Highway Act 1835 (c. 50) (penalty on persons riding on footpaths, etc);
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| (b) | section 34(1)(b) of the Road Traffic Act 1988 (c. 52) (prohibition of driving mechanically propelled vehicles elsewhere than on roads).
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| (4) | For the purposes of paragraph 1(4) of Schedule 1 to the 2003 Act, (Representations against penalty charge notices) the grounds on which representations may be made against a penalty charge notice arising from a penalty charge payable by virtue of this section shall include the ground that there was no contravention of the said section 72 or 34(1)(b), as the case may be.
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| (5) | Schedule 7 to the 2004 Act (road traffic contraventions subject to civil enforcement) shall apply in Greater London as though the following sub-paragraph were inserted after paragraph 8(1)(b)—
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or
| "(c) | an offence involving the driving of a motor vehicle on a footway or a footpath.".
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| (6) | No penalty charge shall be payable under the said section 4 or under regulations made under section 72 of the 2004 Act in respect of any contravention of the said section 72 or 34(1)(b) where, in respect of the conduct which gave rise to the contravention—
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| (a) | a notice is given to the driver under section 54(2) or (4) of the Road Traffic Offenders Act 1988 (c. 53) in respect of an offence constituted by that conduct; or
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| (b) | notification of an intention to prosecute the driver in respect of such an offence is given by the Commissioner of Police of the Metropolis or of the City of London Police to the council of the borough in which the alleged offence took place before the expiry of the period of 14 days, beginning with the day on which the alleged offence takes place.
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| (7) | In this section, “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads.
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13 Cycling on the footway
| (1) | An authorised officer wearing an approved uniform may stop a person riding a cycle on a footway for the purpose of giving that person a fixed penalty notice under section 8 (Fixed penalty offences) of the Act of 2003 in respect of an offence of cycling on the footway.
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| (2) | A person riding a cycle on a footway must stop the cycle on being requested to do so under subsection (1) above.
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| (3) | If a person fails to comply with subsection (2) above he is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
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| (4) | Schedule 4 to the Act of 2003 (offences in respect of which fixed penalty notices may be served under section 8 of that Act) is amended by the insertion, in the appropriate places, of the following entries into the table of offences in respect of which a fixed penalty notice can be given under section 8 (Fixed penalty offences) of that Act—
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| A1 | Highway Act 1835 (c. 50) | 72 | Insofar as it relates to cycling on the footway |
| 22 | London Local Authorities and Transport for London Act 2005 | 13 | Failure to stop a cycle when requested to do so by authorised officer |
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| (5) | No fixed penalty shall be payable pursuant to the said section 8 insofar as it relates to conduct allegedly giving rise to the commission of either the offences mentioned in the items numbered A1 and 22 inserted by subsection (4) above in the table in the said Schedule 4, where—
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| (a) | a notice under section 54(2) or (4) of the Road Traffic Offenders Act 1988 (c. 53) is given to the person propelling the cycle in respect of such an offence constituted by that conduct; or
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| (b) | notification of an intention to prosecute the recipient of the penalty charge notice in respect of such an offence is given by the Commissioner of Police of the Metropolis or of the City of London Police—
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| (i) | where the alleged offence took place on a GLA road or a GLA side road, to Transport for London;
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| (ii) | in any other case, to the council of the borough in which the alleged offence took place,
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| | before the expiry of the period of 14 days beginning with the day on which the alleged offence took place. |
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“approved” means approved by the Mayor of London after consultation with the Commissioner of Police of the Metropolis;
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“authorised officer” means an authorised officer of the street authority.
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14 Overhanging trees etc. which obstruct views of traffic signs
| (1) | Section 154 of the Highways Act 1980 (c. 66) (cutting or felling trees etc. that overhang or are a danger to roads or footpaths) shall apply as respects—
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| (a) | a highway for which a London authority are the highway authority;
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| (b) | any road or footpath in a borough which is not a highway,
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| | in accordance with subsection (2) below. |
| (2) | After the words “or obstruct the passage of horse-riders” the words “or obstructs, wholly or partially, pedestrians', cyclists' or drivers' views of a traffic sign or prevents or hampers the operation of any device used for obtaining evidence in relation to contraventions of law relating to the use of vehicles” are inserted.
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