2 Regulatory framework
5. Local authorities have long been responsible
for managing on-street parking, as set out in the Road Traffic
Regulation Act 1984. In terms of enforcement, prior to 1991 the
police and traffic wardens were responsible for compliance and
income from fixed penalty notices went to the Exchequer. The Road
Traffic Act 1991 significantly changed the way that on-street
parking restrictions were enforced. The 1991 Act made it mandatory
for London boroughs and optional for other local authorities to
take on the civil enforcement of parking contraventions. The changeover
started in London in 1993 and outside London a few years later.
The Act also allowed local authorities to keep the income generated
from issuing Penalty Charge Notices (PCNs).[3]
6. The Traffic Management Act 2004 ("the
TMA") now provides the legal framework for parking and in
2008, when regulations under the TMA came into effect, it replaced
the Road Traffic Act 1991 as the primary piece of legislation
covering parking. The TMA and the associated regulations gave
to English authorities outside London many civil enforcement powers
already available to authorities in London, giving greater consistency
across the country.[4]
In accordance with the TMA, the DfT produced statutory guidance
to local authorities on the civil enforcement of parking contraventions,
in which it made clear that local authorities:
- should not use parking enforcement
as a tool for raising revenue;
- should not set targets for the number of tickets
issued;
- are encouraged to allow officers to use more
discretion over when a ticket is issued - including using verbal
warnings for minor contraventions - and are strongly advised to
only use wheel-clamping against those who persistently evaded
their penalty charges; and
- should only use cameras to enforce parking rules
where enforcement is difficult or sensitive and the use of a Civil
Enforcement Officer is not practical. Approved devices should
not be used where permits or exemptions (such as resident permits
or Blue Badges) not visible to the equipment may apply.[5]
The DfT has also produced more detailed operational
guidance to local authorities on parking policy and enforcement.[6]
7. The use of roads for parking is controlled
by traffic regulation orders and parking place orders ("Orders")
under powers in the Road Traffic Regulation Act 1984. Orders can
restrict parking, for example through the use of yellow lines
and red lines, or they can allow permissive parking, for example
by creating parking or loading bays. Orders can apply to certain
types of vehicles or at different times of day or week. Orders
are made by the traffic authority for the road concerned, namely
the Highways Agency on trunk roads, Transport for London on the
Transport for London Road Network, and by each County, Unitary,
London Borough or Metropolitan District Council for other roads
in their respective areas. Contraventions occur when vehicles
breach the terms of an Order. Civil parking enforcement powers
enable authorities to issue PCNs when contraventions occur. Regulations
set out the procedures to be followed, including mechanisms for
challenging PCNs. The process for challenging PCNs is dealt with
in more detail later in this report.
8. While parking restrictions should normally
reflect local circumstances, in some instances there may be a
case for introducing greater standardisation across the country.
For example, pavement parking may help maximise parking spaces,
especially in narrow streets, but it can significantly reduce
the space available for pedestrians.[7]
The current legal situation in relation to pavement parking is
unduly complex. In London, pavement parking is banned throughout
the 32 boroughs and the City of London under the Greater London
(General Purposes) Act 1974, while outside London only a couple
of English local authorities have banned pavement parking through
private Acts of Parliament.[8]
The powers available to local authorities in Wales are broadly
similar to those in England. In Northern Ireland, pavement parking
is not permitted on urban clearways and where parking restrictions
are marked on the road these also apply to the pavement. In Scotland
driving on pavements or obstructing access to a pavement are both
illegal, however, there is a lack of clarity on the legality of
pavement parking.[9] This
patchwork of divergent and often confusing restrictions on pavement
parking can be difficult for motorists to understand. We
recognise that parking restrictions should reflect local circumstances.
However, in areas such as pavement parking, where there is a confusing
patchwork approach across the country, local authorities must
ensure that they communicate clearly to motorists. The needs of
pedestrians must also be considered alongside other road users.
3 Department for Transport, Operational Guidance to
Local Authorities: Parking Policy and Enforcement, November 2010 Back
4
Department for Transport, Operational Guidance to Local Authorities:
Parking Policy and Enforcement, November 2010 Back
5
Department for Transport, Traffic Management Act 2004, The Secretary
of State's Statutory Guidance to Local Authorities on the Civil
Enforcement of Parking Contraventions, February 2008 Back
6
Department for Transport, Operational Guidance to Local Authorities:
Parking Policy and Enforcement, November 2010 Back
7
Ev w1 [Carlton Reid, Executive Editor, BikeBiz.com], Ev 74 [British
Motorcyclists Federation], Ev w53 [Guide Dogs], Ev 87 [Living
Streets], Ev w134 [Tony Wyer] Back
8
Ev 87, paras 5-6 [Living Streets] Back
9
Ev w54, paras 3.2-3.4 [Guide Dogs] Back
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