Road Traffic Regulation Act 1984

• (b) the other references to traffic are to be read accordingly.

• (2) Section 36 of the Road Traffic Act 1988 (drivers to comply with traffic directions) shall apply to signs placed in the exercise of the powers conferred by subsection (1) above.

• (3) Regulations under section 64 of this Act prescribing any type of object or device for warning traffic of a temporary obstruction may include provisions for authorising (subject to such conditions as may be specified in the regulations) persons not otherwise authorised to do so to place an object or device of that type on or near roads, or on or near any description of road so specified, in such circumstances and for such periods as may be so specified.

What a traffic regulation order may provide.

68

• (1) This section applies to any authority having power to make—

• (a) an order under or by virtue of any of the following provisions of this Act, namely, sections 1 to 4, sections 14, 16A19, 29, . . . 32, 35, 37, 38, 45 and 46 and subsections (2) and (4) of section 49, or

• (b) an order as respects a road outside Greater London under section 9 of this Act, or

• (c) an order to which this paragraph applies by virtue of any provision of Part VI of this Act.

• (2) Without prejudice to any powers conferred by or under any other provision of this Act, but subject to subsection (3) below, an authority to whom this section applies may place and maintain, or cause to be placed and maintained, such traffic signs, of any type prescribed or character authorised under section 64 of this Act, as the authority may consider necessary in connection with any order made by the authority as respects any road and falling within any of paragraphs (a) to (c) of subsection (1) above or, in the case of a traffic authority having power to make an order under section 14 of this Act, as the authority may consider necessary in connection with any order made or notice issued by them under that section; but, if the order is made or, as the case may be, the notice is issuedby an authority other than the traffic authority for the road, the authority by whom the order is made or, as the case may be, the notice is issued—

• (a) shall consult with the traffic authority as to the placing of the signs, and

• (b) unless the traffic authority are unwilling to do so, shall enter into arrangements with the traffic authority for the signs to be placed and maintained by the traffic authority

• (3) The power conferred by subsection (2) above on an authority to whom this section applies shall be exercisable subject to and in conformity with any general directions given under section 65(1) of this Act, whether that authority is a traffic authority or not; and any other power conferred by section 65 to give directions to a traffic authority shall include power to give the like directions to an authority to whom this section applies.

69

• (1) The traffic authority may by notice in writing require the owner or occupier of any land on which there is an object or device (whether fixed or portable) for the guidance or direction of persons using the road to remove it.

• (2) If a person fails to comply with such a notice, the traffic authority may themselves effect the removal, doing as little damage as may be; and the expenses incurred by them in doing so shall be recoverable by them from the person in default, and, in England or Wales, shall be so recoverable summarily as a civil debt.

• (3) The national authority may give directions to a strategic highways company or a local traffic authority requiring it or them to remove, or cause to be removed, any traffic sign or any such object or device as is mentioned in subsection (1) above.

70

• (1) If a strategic highways company, a local traffic authority or an authority to whom section 68 of this Act applies fail to comply with any direction given under section 65(2) or section 69 of this Act, the national authority may ... carry out the work required by the direction; and the expenses incurred ... in doing so shall be recoverable by the national authority from the company or the authority that failed to comply with the direction , and, in England or Wales, shall be so recoverable summarily as a civil debt.

• (2) Any such direction—

• (a) if relating to a road in England or Wales, shall be enforceable on the application of the Secretary of State by an order of mandamus; or

• (b) if relating to a road in Scotland, shall be enforceable by order of the Court of Session on an application by the Lord Advocate under section 91 of the Court of Session Act 1868.

• (3) In England, where subsection (1) applies in respect of non-compliance with a direction by a traffic authority other than a strategic highways company—

• (a) a strategic highways company may carry out the work required by the direction with the consent of the Secretary of State, and

• (b) the expenses incurred by the company in doing so are recoverable by the company from the authority summarily as a civil debt.

71

• (1) A strategic highways company, a local traffic authority or an authority to whom section 68 of this Act applies or the national authority may enter any land and exercise such other powers as may be necessary for the purpose of the exercise and performance of their powers and duties of placing, replacing, converting and removing traffic signs or their powers and duties under section 69 of this Act.

• (2) In this section “traffic signs” includes signposts for footpaths (within the meaning of the Highways Act 1980) and bridleways, and “signposts” includes other signs or notices for the same purpose.

• (3) Subsection (2) above does not extend to Scotland.

72

• (1) A parish or community council may, with the permission of the highway authority and subject to any conditions imposed by that authority, provide on or near any road, other than a footpath or bridleway, or may contribute, either wholly or in part, towards the cost of providing on or near any such road, traffic signs indicating—

• (a) a stopping place for public service vehicles;

• (b) a warning of the existence of any danger; or

• (c) the name of the parish or community or of any place in it.

• (2) A parish or community council may provide, or may contribute, either wholly or in part, towards the cost of providing, on or near any footpath or bridleway, any object or device (not being a traffic sign) for conveying to users of that footpath or bridleway a warning of the existence of danger.

• (3) No traffic sign, object or device provided by a parish or community council in pursuance of this section shall be placed on any land (not being a road or part of a road) without the consent of the owner and occupier of the land.

• (4) Nothing in this section shall prejudice the exercise by the highway authority , the Welsh Ministers or the Secretary of State of their powers under section 69 of this Act; but where any such object or device as is mentioned in subsection (1) of that section is an object or device—

• (a) provided by a parish or community council in pursuance of this section, and

• (b) so provided on land which the council neither own nor occupy,

the powers conferred on the highway authority by that subsection shall be exercisable in relation to the council and not in relation to the owner or occupier of the land.

• (5) For the purpose of complying with a notice under section 69(1) of this Act which, by virtue of subsection (4) above, requires a parish or community council to remove an object or device, the council may enter any land and exercise such other powers as may be necessary for that purpose.

• (6) A parish or community council may warn the public of any danger in or apprehended in their area, subject, however, in the case of a warning given by providing any traffic sign, object or device, to the provisions of subsections (1) and (3) above.

• (7) This section does not extend to Scotland.

Provisions as to Greater London

73

• (1) In connection with any order under section 6 or 9 of this Act made or proposed by them, Transport for London, the council of a London borough and the Common Council of the City of London may, as respects any road . . . for which they are the traffic authority affix any traffic sign to any lamp-post or other structure in the highway, whether or not belonging to Transport for London or the council.

• (1A) In connection with any GLA road, Transport for London may—

• (a) exercise, as respects any road in Greater London which is neither a trunk road nor a GLA road, any powers exercisable by the traffic authority for that road in connection with the placing of traffic signs on or near that road in pursuance of section 65 of this Act; and

• (b) affix any such sign to any lamp-post or other structure in the highway, whether or not belonging to Transport for London.

• (1B) The power conferred by subsection (1A) above shall be exercisable—

• (a) in connection with any order under section 6 or 9 of this Act made or proposed to be made by Transport for London; or

• (b) in any other circumstances.

• (1C) Before exercising the power conferred by subsection (1A) above, Transport for London shall consult the traffic authority for the road on or near which Transport for London proposes to place the traffic sign.

• (2) As respects any traffic sign lawfully in place in Greater Londonwhich is required in connection with an order under section 6 or 9 of this Act, it shall be the duty of the appropriate traffic authority—

• (a) to take such steps to maintain, and to make such alteration of, that sign as may be necessary or expedient in connection with any relevant order, and

• (b) to remove the sign if it ceases to be required in connection with any order under section 6 or 9 of this Act.

In paragraph (a) above “relevant order”, in relation to a traffic sign, means an order under section 6 or 9 of this Act in connection with which the traffic sign is required.

• (2A) For the purposes of subsection (2) above, “the appropriate traffic authority”, in the case of any traffic sign, is the authority which is the traffic authority for the road as respects which the order under section 6 or 9 of this Act is made in connection with which the traffic sign is required.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) The powers of Transport for London exercisable under subsection (1A) above by virtue of subsection (1B)(b) above shall extend to the removal or repositioning of any traffic sign on or near the road in question, whether placed by Transport for London or not.

• (7) On the removal or repositioning by Transport for London of any such traffic sign placed by another authority, the traffic sign shall vest in Transport for London.

• (8) Except—

• (a) with the consent of Transport for London, or

• (b) in pursuance of a direction under section 65(2) of this Act,

the traffic authority for a road shall not remove, alter or in any way interfere with any traffic sign placed or repositioned on or near the road by Transport for London by virtue of subsection (1B)(b) above.

74

• (1) For the purpose of placing traffic signs on or near any road in their area in pursuance of section 65, 68 or 73 of this Act, . . . Transport for London and the council of a London borough . . . shall each(subject to subsections (2) to (7) below) have power to affix a traffic sign to any external wall of a building having a frontage to, or constructed over, any such road.

• (1A) Subsections (2) to (7) below shall apply in relation to Transport for London as they apply in relation to a London borough council.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Subject to subsection (4) below, a council shall not affix a traffic sign to the external wall of a building under this section without the consent of the owner of the building.

• (4) Where in the opinion of . . . the council of a London borough . . . any consent required under subsection (3) above is unreasonably withheld, they may apply to the appropriate authority, who may either allow the affixing of the traffic sign subject to such conditions, if any, as to rent or otherwise as the appropriate authority think fit, or disallow the affixing of the traffic sign.

• (5) Where any traffic sign has been affixed by a council to a building under this section—

• (a) the council shall have the right, as against any person having an interest in the building, to alter or remove it, or to repair or maintain it, but

• (b) the owner of the building may give to the council not less than 14 days’ notice requiring them at their own expense temporarily to remove the sign where necessary during any reconstruction or repair of the building.

• (6) If any person suffers damage by or in consequence of the affixing of a traffic sign by a council, or by or in consequence of the exercise by a council of the rights conferred by subsection (5)(a) above, he shall be entitled to be paid by the council such compensation as may be agreed with the council or, in default of agreement, determined by arbitration.

• (7) Subsection (1) above shall have effect subject to section 2 of the Ancient Monuments and Archaeological Areas Act 1979 (under which scheduled monument consent is required for the execution of certain works affecting scheduled monuments).

• (8) Nothing in this section shall derogate from the powers of Transport for London or. . . the council of a London borough to enter on land for the placing of traffic signs in pursuance of section 71 of this Act or to carry out work for the improvement of a highway in pursuance of section 62 of the Highways Act 1980 (general power of improvement).

• (9) In this section—

• “appropriate authority” means a magistrates’ court, except that, in relation to buildings of any description specified in the first column of Schedule 5 to this Act, it means the minister specified in relation to that description in the second column of that Schedule;

• “building” includes a structure and a bridge or aqueduct over a street;

• “owner”—in relation to a building occupied under a tenancy for a term of years of which five years or more remain unexpired, means the occupier of the building, andin relation to any other building, means the person for the time being receiving the rackrent of the building, whether on his own account or as agent or trustee for any other person, or who would so receive it if the building were let at a rackrent; and

• “traffic sign” includes any apparatus required for the illumination of a traffic sign which forms part of the sign.

74A

• (1) If a London borough council requests Transport for London to provide any new traffic light installations for a road in Greater London which is neither a GLA road nor a trunk road, Transport for London shall approve and carry out the work unless it considers that there are reasonable grounds for refusing to do so.

• (2) If Transport for London and a London borough council so agree, Transport for London may make a scheme transferring to the council—

• (a) any part of the London traffic control system, and

• (b) the power to maintain and operate that part of the system.

• (3) The council for a London borough may, with the approval of Transport for London, buy, own, maintain and operate new traffic light installations for any road in the borough other than a trunk road.

• (4) Where the powers conferred by subsection (2) or (3) above are exercised, the London borough council concerned shall, as respects the traffic signs comprised in—

• (a) the part of the London traffic control system transferred by the scheme under subsection (2) above, or

• (b) the traffic light installations referred to in subsection (3) above,

be treated (to the exclusion of Transport for London) as the traffic authority for all roads in Greater London (other than trunk roads) on or near which those traffic signs are placed.

• (5) Any exercise of the powers conferred by subsections (1) to (3) above is subject to the agreement of financial arrangements between Transport for London and the council concerned.

• (6) Before Transport for London—

• (a) changes the operating cycle, or the timing of the operating cycle, of any traffic light installations provided on a road in Greater London which is neither a GLA road nor a trunk road, or

• (b) provides new traffic light installations for such a road,

Transport for London shall consult the council of the London borough in which the installations are or are to be provided.

• (7) In this section—

• “the London traffic control system” means the traffic control system which Transport for London has power to operate by virtue of the functions transferred to it—by section 275 of the Greater London Authority Act 1999; orby a scheme under subsection (1) or (3) of section 74B of this Act transferring functions of the Secretary of State to Transport for London;

• “traffic control system” means a system for controlling the movement of vehicular traffic or of pedestrians by means of traffic light installations;

• “traffic light installations” means—traffic signs which are light signals for controlling the movement of vehicular traffic or of pedestrians; orany installations or apparatus used in connection with the operation of any such traffic signs.

• (8) For the purposes of this section—

• (a) the City of London shall be treated as if it were a London borough;

• (b) the Common Council shall be treated as if it were the council for a London borough; and

• (c) the Inner Temple and the Middle Temple shall be treated as forming part of the City.

74B

• (1) If the Secretary of State or a strategic highways company and Transport for London so agree, the Secretary of State or the company may make a scheme transferring to Transport for London—

• (a) the traffic control system for a trunk road in Greater London; and

• (b) the power to maintain and operate that system.

• (2) If Transport for London and the Secretary of State or a strategic highways company so agree, Transport for London may make a scheme transferring to the Secretary of State or the company—

• (a) the London traffic control system; and

• (b) the power to maintain and operate that system.

• (3) If, in a case where a traffic control system has been transferred under this section, the transferee and the transferor so agree, the transferee may make a scheme transferring back to the transferor the system and the power to maintain and operate it.

• (4) A scheme under subsection (1), (2) or (3) above may make provision for the transferee to be treated (to the exclusion of the transferor), as respects the traffic signs comprised in the traffic control system transferred, as the traffic authority for specified roads in Greater London on or near which those traffic signs are placed.

• (5) Any exercise of the powers conferred by subsections (1) to (3) above is subject to the agreement of financial arrangements between the Secretary of State or the strategic highways company and Transport for London.

• (6) Any reference in this section to a traffic control system includes a reference to part of a traffic control system.

• (7) Expressions used in this section and in section 74A above have the same meaning in this section as they have in that section.

74C

• (1) This section has effect for the purposes of sections 65, 73, 74, 74A, 74B and 75 of this Act.

• (2) In the application of those provisions to traffic signs in Greater London which are light signals for controlling the movement of vehicular traffic or of pedestrians, Transport for London shall at all times be deemed to be the traffic authority for all roads in Greater London other than trunk roads.

• (3) Without prejudice to the powers of the traffic authority for the road in question, Transport for London shall also be deemed to be the traffic authority for any road in Greater London for which they are not in fact the traffic authority for the purposes of the exercise by them as respects that road under section 73(1A) above of any powers exercisable by the traffic authority for that road.

• (4) Subsections (2) and (3) above are subject to any provision to the contrary made by or under section 74A or 74B of this Act.

75

• (1) For the purpose of placing traffic signs on or near any road in the City of London in pursuance of section 65 of this Act, or any apparatus required for illumination forming part of any such sign, the Corporation, subject to subsections (2) and (3) below, shall have power to affix any such sign or apparatus to the external wall of any building fronting any such road.

• (2) Section 53 of the City of London (Various Powers) Act 1900 (which, in relation to things affixed for the public lighting of streets, provides for compensation for injury and makes special provision as to railway property and Crown property) shall apply in relation to the affixing of any traffic sign or apparatus under subsection (1) above as it applies to the affixing of brackets, wires, pipes, lamps and apparatus for the public lighting of streets, and shall so apply as if, in that section, “street” included any road within the meaning of this Act.

• (3) Nothing in this section shall authorise the Corporation, without the consent of the Secretary of State, to affix any traffic sign or apparatus forming part of any such sign to—

• (a) any building for the time being included in a list published by the Secretary of State under any enactments for the time being in force with respect to ancient monuments, or

• (b) any building for the time being included in a list of buildings of special architectural or historic interest compiled by the Secretary of State under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990, not being a building to which paragraph (a) above applies.

• (4) Subsection (3) above is without prejudice to section 2 of the Ancient Monuments and Archaeological Areas Act 1979 (under which scheduled monument consent is required for the execution of certain works affecting scheduled monuments).

• (5) In this section “the Corporation” means the mayor and commonalty and citizens of the City of London acting by the Common Council.

76

Supplementary provisions

77

In relation to a road for which the national authority is the traffic authority—

• (a) section 65(1) of this Act shall have effect with the omission of references to directions, and

• (b) the provisions of this Act relating to directions for the placing, replacing, conversion and removal of traffic signs, notices, objects or devices shall not apply except in relation to a bridge repairable by a person other than the national authority .

78

79

• (1) The national authority may make advances towards any expenses incurred by a council in the discharge of any obligation imposed on them, by or under any provisions to which this section applies, in relation to the erection, maintenance, alteration or removal of traffic signs.

• (1A) An advance by the Secretary of State under this section is to be made out of moneys provided by Parliament.

• (2) This section applies to all the provisions of this Act except sections 72, 74 and 75.

• (3) An advance under this section may be either by way of grant or by way of loan or partly in the one way and partly in the other, and shall be upon such terms and subject to such conditions as the national authority thinks fit.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) The power of the national authority under this section to make advances towards expenses incurred in relation to traffic signs shall be exercisable with respect to any expenses incurred under section 68 of this Act by an authority to whom that section applies or by a local traffic authority

80

• (1) References to a traffic authority in any of the provisions of this Act specified in subsection (2) below shall be construed as including references to any person who, not being a traffic authority , is responsible for the maintenance of a road.

• (2) The provisions of this Act referred to in subsection (1) above are section 65 and sections 68 to 73.

Part VI — Speed Limits

81

• (1) It shall not be lawful for a person to drive a motor vehicle on a restricted road at a speed exceeding 30 miles per hour.

• (2) The national authority may by order ... increase or reduce the rate of speed fixed by subsection (1) above, either as originally enacted or as varied under this subsection.

• (3) An order under subsection (2)—

• (a) if made by the Secretary of State, is to be made by statutory instrument and approved by a resolution of each House of Parliament;

• (aa) if made by the Welsh Ministers, is to be made by statutory instrument and approved by a resolution of the National Assembly for Wales;

• (b) if made by the Scottish Ministers, is subject to the affirmative procedure.

• (4) Before making an order under subsection (2) the Secretary of State must consult with the Welsh Ministers and the Scottish Ministers.

• (5) Before the Welsh Ministers or the Scottish Ministers make an order under subsection (2) they must consult with the Secretary of State.

82

• (1) Subject to the provisions of this section and of section 84(3) of this Act, a road is a restricted road for the purposes of section 81 of this Actif—

• (a) in England and Wales, there is provided on it a system of street lighting furnished by means of lamps placed not more than 200 yards apart;

• (b) in Scotland, there is provided on it a system of carriageway lighting furnished by means of lamps placed not more than 185 metres apart and the road is of a classification or type specified for the purposes of this subsection in regulations made by the Scottish Ministers .

• (2) The traffic authority for a road may direct

• (a) that the road which is a restricted road for the purposes of section 81 of this Act shall cease to be a restricted road for those purposes, or

• (b) that the roadwhich is not a restricted road for those purposes shall become a restricted road for those purposes.

• (3) A special road is not a restricted road for the purposes of section 81 on or after the date declared by the traffic authority, by notice published in the manner prescribed in regulations made by the national authority , to be the date on which the special road, or the relevant part of the special road, is open for use as a special road.

83

• (1) A direction under section 82(2) by the national authority shall be given by means of an order made by the national authority after giving public notice of the national authority's intention to make an order.

• (2) A direction under section 82(2) by a local traffic authority shall be given by a strategic highways company or by means of an order made by the company or the authority.

• (3) Section 68(1)(c) of this Act shall apply to any order made under subsection (2) above.

• (4) The power of the Welsh Ministers to make an order under subsection (1) is exercisable by statutory instrument.

84

• (1) An order made under this subsection as respects any road may prohibit—

• (a) the driving of motor vehicles on that road at a speed exceeding that specified in the order,

• (b) the driving of motor vehicles on that road at a speed exceeding that specified in the order during periods specified in the order, or

• (c) the driving of motor vehicles on that road at a speed exceeding the speed for the time being indicated by traffic signs in accordance with the order.

• (1A) An order made by virtue of subsection (1)(c) above may—

• (a) make provision restricting the speeds that may be indicated by traffic signs or the periods during which the indications may be given, and

• (b) provide for the indications to be given only in such circumstances as may be determined by or under the order;

but any such order must comply with regulations made under subsection (1B) below, except where the national authority authorises otherwise in a particular case.

• (1B) The national authority may make regulations governing the provision which may be made by orders of strategic highways companies or local authorities under subsection (1)(c) above, and any such regulations may in particular—

• (a) prescribe the circumstances in which speed limits may have effect by virtue of an order,

• (b) prescribe the speed limits which may be specified in an order, and

• (c) make transitional provision and different provision for different cases.

• (2) The power to make an order under subsection (1) is exercisable by the traffic authority, who shall before exercising it in any case give public notice of their intention to do so.

• (3) While an order made by virtue of subsection (1)(a) above is in force as respects a road, that road shall not be a restricted road for the purposes of section 81 of this Act.

• (4) This section does not apply to any part of a special road which is open for use as a special road.

• (5) Section 68(1)(c) of this Act shall apply to any order made under subsection (1) above.

• (6) Any reference in a local Act to roads subject to a speed limit shall, unless the contrary intention appears, be treated as not including a reference to roads subject to a speed limit imposed only by virtue of subsection (1)(b) or (c) above.

85

• (1) For the purpose of securing that adequate guidance is given to drivers of motor vehicles as to whether any, and if so what, limit of speed is to be observed on any road, it shall be the duty of the national authority , in the case of a road for which the national authority is the traffic authority, to erect and maintain . . . traffic signs in such positions as may be requisite for that purpose.

• (2) In the case of any other road, it is the duty of the ... traffic authority—

• (a) to erect and maintain . . . traffic signs in such positions as may be requisite in order to give effect to general or other directions given by the national authority for the purpose mentioned in subsection (1) above, and

• (b) to alter or remove traffic signs as may be requisite in order to give effect to such directions, either in consequence of the making of an order by the national authority or otherwise.

• (3) If a ... traffic authority makes default in executing any works required for the performance of the duty imposed on them by subsection (2) above, the national authority may ... execute the works; and the expense incurred ... in doing so shall be recoverable by the national authority from the ... traffic authority and, in England or Wales, shall be so recoverable summarily as a civil debt.

• (3A) In England, where subsection (3) applies in respect of non-compliance with a direction by a traffic authority other than a strategic highways company—

• (a) a strategic highways company may execute the work required by the direction with the consent of the Secretary of State, and

• (b) the expense incurred by the company in doing so is recoverable by the company from the authority summarily as a civil debt.

• (4) Where no such system of street or carriageway lighting as is mentioned in section 82(1) is provided on a road, but a limit of speed is to be observed on the road, a person shall not be convicted of driving a motor vehicle on the road at a speed exceeding the limit unless the limit is indicated by means of such traffic signs as are mentioned in subsection (1) or subsection (2) above.

• (5) In any proceedings for a contravention of section 81 of this Act, where the proceedings relate to driving on a road provided with such a system of street or carriageway lighting, evidence of the absence of traffic signs displayed in pursuance of this section to indicate that the road is not a restricted road for the purposes of that section shall be evidence that the road is a restricted road for those purposes.

• (5A) In any proceedings for a contravention of section 81 of this Act, a certificate of an officer of the national authority ... that a road is of a specified classification or type shall be sufficient evidence of the facts certified; and a document purporting to be such a certificate and to be signed by such an officer shall be deemed to be such a certificate unless the contrary is shown.

• (6) Where by regulations made under section 17(2) of this Act a limit of speed is to be observed, then, if it is to be observed—

• (a) on all special roads, or

• (b) on all special roads provided for the use of particular classes of traffic, or

• (c) on all special roads other than special roads of such description as may be specified in the regulations, or

• (d) as mentioned in paragraph (a), (b) or (c) above except for such lengths of special road as may be so specified,

this section shall not apply in relation to that limit (but without prejudice to its application in relation to any lower limit of maximum speed or, as the case may be, any higher limit of minimum speed, required by any such regulations to be observed on any specified length of any specified special road).

• (7) The power of the Secretary of State to give general directions under subsection (2) above shall be exercisable by statutory instrument.

• (7A) The power of the Welsh Ministers to give general directions under subsection (2) is exercisable by statutory instrument.

• (8) The power of the Scottish Ministers to give general directions under subsection (2) is to be exercisable by Scottish statutory instrument.

• (9) Before giving any general directions under subsection (2) the Secretary of State must consult with the Welsh Ministers and the Scottish Ministers.

• (10) Before the Welsh Ministers or the Scottish Ministers give any general directions under subsection (2) they must consult with the Secretary of State.

86

• (1) It shall not be lawful for a person to drive a motor vehicle of any class on a road at a speed greater than the speed specified in Schedule 6 to this Act as the maximum speed in relation to a vehicle of that class.

• (2) Subject to subsections (4) and (5) below, the relevant authority may by regulations vary, subject to such conditions as may be specified in the regulations, the provisions of that Schedule.

• (3) Regulations under this section may make different provision as respects the same class of vehicles in different circumstances.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) The relevant authority shall not have power under this section to vary the speed limit imposed by section 81 of this Act.

• (6) The relevant authority shall not have power under this section to impose a speed limit, as respects driving on roads which are not restricted roads for the purposes of section 81 of this Act, on a vehicle which—

• (a) is constructed solely for the carriage of passengers and their effects;

• (b) is not adapted to carry more than 8 passengers exclusive of the driver;

• (c) is neither a heavy motor car nor an invalid carriage;

• (d) is not drawing a trailer; and

• (e) is fitted with pneumatic tyres on all its wheels.

• (7) The relevant authority in this section—

• (a) as respects the driving of vehicles on roads in England ..., is the Secretary of State;

• (aa) as respects the driving of vehicles on roads in Wales, is the Welsh Ministers;

• (b) as respects the driving of vehicles on roads in Scotland, is the Scottish Ministers.

• (8) Regulations made by the Scottish Ministers under this section are subject to the affirmative procedure.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

87

• (1) No statutory provision imposing a speed limit on motor vehicles shall apply to any vehicle on an occasion when it is being used for fire and rescue authority, for ambulance purposes or police purposes, if the observance of that provision would be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion.

• (1A) Subsection (1) above applies in relation to a vehicle that, although not being used for ambulance purposes, is being used for the purpose of providing a response to an emergency at the request of an NHS ambulance service.

• (1B) In subsection (1A), “an NHS ambulance service” means—

• (a) an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services;

• (b) an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services;

• (c) the Scottish Ambulance Service Board.

• (2) Subsection (1) above applies in relation to a vehicle being used—

• (a) for National Crime Agency purposes, or

• (b) for training persons to drive vehicles for use for National Crime Agency purposes,

as it applies in relation to a vehicle being used for police purposes.

• (3) But (except where it is being used for training the person by whom it is being driven) subsection (1) above does not apply in relation to a vehicle by virtue of subsection (2) above unless it is being driven by a person who has been trained in driving vehicles at high speeds.

88

• (1) Where it appears to the relevant authority desirable to do so in the interests of safety or for the purpose of facilitating the movement of traffic, the authority may, after giving public notice of the intention to do so, by order prohibit, for a period not exceeding 18 months, the driving of motor vehicles—

• (a) on all roads, or on all roads in any area specified in the order, or on all roads of any class so specified, or on all roads other than roads of any class so specified, or on any road so specified, at a speed greater than that specified in the order, or

• (b) on any road specified in the order, at a speed less than the speed specified in the order, subject to such exceptions as may be so specified.

• (2) Any prohibition imposed by an order under subsection (1) above may be so imposed either generally, or at times, on days or during periods specified in the order; but the provisions of any such order shall not, except in so far as may be provided by the order, affect the provisions of sections 81 to 84 of this Act.

• (3) For the purposes of an order under subsection (1)(a) above, roads may be classified by reference to any circumstances appearing to the relevant authority to be suitable for the purpose, including their character, the nature of the traffic to which they are suited or the traffic signs provided on them.

• (4) The provisions of any order under subsection (1) above may be continued, either indefinitely or for a specified period, by an order of the relevant authority ....

• (5) Where by virtue of an order under this section a speed limit is to be observed, then—

• (a) if it is to be observed on all roads, on all roads of any class specified in the order or on all roads other than roads of any class so specified, section 85 of this Act shall not apply in relation to that limit;

• (b) if it is to be observed on all roads in any area and, at all points where roads lead into the area, is indicated as respects the area as a whole by means of such traffic signs as are mentioned in subsection (1) or subsection (2) of section 85 of this Act, the limit shall, for the purposes of subsection (4) of that section, be taken as so indicated with respect to all roads in the area.

• (6) This section does not apply to any part of a special road which is open for use as a special road.

• (7) If a person drives a motor vehicle on a road in contravention of an order under subsection (1)(b) above, he shall be guilty of an offence; but a person shall not be liable to be convicted of so driving solely on the evidence of one witness to the effect that, in the opinion of the witness, he was driving the vehicle at a speed less than that specified in the order.

• (7A) The relevant authority in this section—

• (a) in relation to roads in England ..., is the Secretary of State;

• (aa) in relation to roads in Wales, is the Welsh Ministers;

• (b) in relation to roads in Scotland, is the Scottish Ministers.

• (8) The first order to be made under subsection (1)(b)by the Secretary of State above shall not be made until a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.

• (8A) The first order to be made under subsection (1)(b) by the Welsh Ministers is not to be made until a draft of the order has been laid before and approved by a resolution of the National Assembly for Wales.

• (9) The power of the Scottish Ministers to make an order under subsection (1) is not to be exercisable by Scottish statutory instrument.

• (10) The first order to be made under subsection (1)(b) by the Scottish Ministers shall not be made until a draft of the order has been laid before the Scottish Parliament and approved by it.

• (11) The power of the Secretary of State to make an order under subsection (4) is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (11A) The power of the Welsh Ministers to make an order under subsection (4) is exercisable by statutory instrument.

• (11B) A statutory instrument containing an order made by the Welsh Ministers under subsection (4) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

• (12) An order made by the Scottish Ministers under subsection (4) is subject to the negative procedure.

89

• (1) A person who drives a motor vehicle on a road at a speed exceeding a limit imposed by or under any enactment to which this section applies shall be guilty of an offence.

• (2) A person prosecuted for such an offence shall not be liable to be convicted solely on the evidence of one witness to the effect that, in the opinion of the witness, the person prosecuted was driving the vehicle at a speed exceeding a specified limit.

• (3) The enactments to which this section applies are—

• (a) any enactment contained in this Act except section 17(2);

• (b) section 2 of the Parks Regulation (Amendment) Act 1926; and

• (c) any enactment not contained in this Act, but passed after 1st September 1960, whether before or after the passing of this Act.

• (4) If a person who employs other persons to drive motor vehicles on roads publishes or issues any time-table or schedule, or gives any directions, under which any journey, or any stage or part of any journey, is to be completed within some specified time, and it is not practicable in the circumstances of the case for that journey (or that stage or part of it) to be completed in the specified time without the commission of such an offence as is mentioned in subsection (1) above, the publication or issue of the time-table or schedule, or the giving of the directions, may be produced as prima facie evidence that the employer procured or (as the case may be) incited the persons employed by him to drive the vehicles to commit such an offence.

90

91

Part VII — Bollards and Other Obstructions

92

• (1) Where the passage, or the passage in any direction, of vehicles, or of vehicles of any class, is prohibited at any point of a road outside Greater London by an order made under section 1 or 9 of this Act, the traffic authority may, in accordance with the following provisions of this section, place, or authorise or require to be placed, at or near that point such bollards or other obstructions as they consider appropriate for preventing their passage.

• (2) The bollards or other obstructions that may be placed under subsection (1) above—

• (a) shall include obstructions of any description whatsoever;

• (b) may be either fixed or moveable; and

• (c) may be placed so as to prevent the passage of vehicles at all times or at certain times only.

• (3) Where the powers conferred by subsection (1) above have been exercised with respect to two or more points of a road, so that the passage of vehicles along a stretch of that road is prevented, those powers shall extend to placing, or authorising the placing of, further obstructions on that stretch of road; but any obstructions placed under those powers shall not be so placed as to prevent at any time the passage of pedestrians past the point or along the stretch of road in question, and shall not be of such a nature that the re-opening of the road to vehicles would be unreasonably difficult or so as to alter the nature of the surface of the road.

• (4) The bollards or other obstructions authorised by an order under subsection (1) shall be placed on the road by the traffic authority, except as mentioned in section 93 below.

• (5) Any power conferred by this section to place an obstruction includes power to maintain or light it.

• (6) Any enactment authorising the making of grants or loans in connection with traffic signs (including section 79 of this Act) shall extend to any such obstructions as are mentioned in this section.

93

• (1) by virtue of an order under section 92(1) the Secretary of State has power to place bollards or other obstructions at a point on a road, he may authorise or require the traffic authority for any other road leading into or crossing that road at that point to place the bollards or other obstructions on that other road.

• (2) The Secretary of State may authorise or require another traffic authority who have placed bollards or other obstructions on a road in pursuance of section 92 of this Act or this section to remove them.

• (3) If a ...traffic authority fail to comply with any requirement imposed under this section to carry out any work, the Secretary of State may himself carry out the work; and the expense incurred by him in doing so shall be recoverable by him from the authority and, in England or Wales, shall be so recoverable summarily as a civil debt.

• (4) Any requirement imposed under this section—

• (a) if relating to a road in England or Wales, shall be enforceable on the application of the Secretary of State by order of mandamus; or

• (b) if relating to a road in Scotland, shall be enforceable by order of the Court of Session on an application by the Lord Advocate under section 91 of the Court of Session Act 1868.

• (5) Any power conferred by this section to authorise or require an authority to place an obstruction includes power to authorise or require the authority to maintain or light it.

• (6) Subsection (6) of section 92 of this Act shall apply for the purposes of this section as it applies for the purposes of that section.

94

• (1) Where an order under section 6 or 9 of this Act is made or proposed to be made by the Secretary of State or a strategic highways company he, or it may, to such extent as he or it considers necessary in connection with the order, authorise or require any person who is responsible for the maintenance of any road in Greater London for which he or it is not the traffic authority—

• (a) to place on the carriageway such bollards or other obstructions as the Secretary of State or the company may consider appropriate for preventing the passage of vehicles, or vehicles of any class, at any point at which their passage (whether in any direction or in one direction only) is prohibited by any such order, and to maintain and light those obstructions; or

• (b) to remove any obstruction placed by that person in pursuance of an authorisation or a requirement under this subsection.

• (2) Where an order under section 6 or 9 of this Act is made or proposed to be made by the council of a London borough, they may, to such extent as they consider necessary in connection with the order, authorise or require any person who is responsible for the maintenance of any road in their area for which neither they nor the Secretary of State nor a strategic highways company are the traffic authority—

• (a) to place on the carriageway such bollards or other obstructions as they may consider appropriate for preventing the passage of vehicles, or vehicles of any class, at any point at which their passage (whether in any direction or in one direction only) is prohibited by any such order, and to maintain and light those obstructions; or

• (b) to remove any obstruction placed by that person in pursuance of an authorisation or a requirement under this subsection.

• (3) Subsections (2) and (3) of section 92 of this Act shall apply in relation to the placing of bollards or other obstructions under subsection (1) or (2) above, as if for any reference in them to subsection (1) of that section there were substituted a reference to subsection (1) or (2) above.

• (4) To such extent as the Secretary of State, a strategic highways company or, as the case may be, the council of a London borough may consider necessary in connection with an order under section 6 or 9 of this Act, whether made or proposed to be made by the Secretary of State , the company, or that council—

• (a) the Secretary of State or a strategic highways company may do with respect to any road for which he or it is the traffic authority anything which might under subsection (1)(a) be required to be done with respect to any other road; and

• (b) the council of the London borough may do with respect to any road in their area for which they are the traffic authority anything which they might under subsection (2)(a) above require to be done with respect to a road for which they are not the traffic authority.

• (5) If a person fails to comply with a requirement to carry out any work under subsection (1) or (2), above, the Secretary of State, the strategic highways company or, as the case may be, the council of the London borough may carry out the work, and the expenses incurred by the Secretary of State, the company or that council in doing so shall be recoverable summarily as a civil debt from that person.

• (6) Section 79 of this Act shall apply in relation to any such obstruction as is mentioned in subsection (1) or (2) above as it applies in relation to traffic signs; and the power of the Secretary of State under that section to make advances towards expenses incurred in relation to traffic signs shall be exercisable with respect to any expenses incurred by the council of a London borough by virtue of subsection (4) above.

• (7) In this section references to the council of a London borough include references to the Common Council of the City of London.

Part VIII — Control and Enforcement

Traffic wardens

95

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Police staff appointed under section 26 of the Police and Fire Reform (Scotland) Act 2012 and employed by the Scottish Police Authority may be designated by the chief constable of the Police Service of Scotland to discharge , in aid of the police, functions normally undertaken by the police in connection with the control and regulation of, or the enforcement of the law relating to, traffic (including pedestrians) or stationary vehicles.

• (3) Persons employed ... in accordance with subsection (2) above shall be known as “traffic wardens”.

• (4) A person ... employing traffic wardens for the purposes mentioned in subsection (2) above (the “employer”) may also (subject to subsection (5) below) employ them to act, under the direction of the chief officer of police, for other purposes connected with the control and regulation of traffic (including pedestrians) or stationary vehicles; and in particular—

• (a) where the employer provides school crossing patrols under section 26 of this Act, whether as being the appropriate authority or by aggreement with the appropriate authority, the traffic wardens may be employed to act as school crossing patrols, and

• (b) the employer may, under arrangements made with a local authority ..., employ the traffic wardens to act as parking attendants at street parking places provided or controlled by the local authority ....

• (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Traffic wardens shall not be employed to discharge functions other than those prescribed as appropriate for the purpose by order of the Secretary of State made by statutory instrument; and no order shall be made under this subject unless a draft of the order has been laid before, and approved by resolution of, each House of Parliament.

• (6) A person shall not employ as a traffic warden any person who is a constable, and shall take steps to ensure that only persons adequately qualified are appointed traffic wardens, and that traffic wardens are suitably trained before undertaking their duties.

• (7) Traffic wardens shall wear such uniform as the Secretary of State may determine, and shall not act as traffic wardens when not in uniform.

96

• (1) An order under section 95(5) of this Act may provide that, for the purposes of any functions which traffic wardens are authorised by the order to discharge, but subject to the provisions of subsection (3) below, references to a constable or police constable in all or any of the enactments specified in subsection (2) below shall include references to a traffic warden.

• (2) The enactments referred to in subsection (1) above are—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (bb) in this Act—

• (i) section 100(3) (which relates to the interim disposal of vehicles removed under section 99); and

• (ii) sections 104 and 105 (which relate to the immobilisation of illegally parked vehicles);

• (c) in the Road Traffic Act 1988—

• (i) sections 35(1), 36 and 37 (which relate to compliance with traffic directions given by police constables);

• (ii) section 163 (which relates to the power of a constable to stop vehicles);

• (iii) section 164(1), (2) and (6) (which relate to the power of a constable to require the production of a driving licence in certain circumstances); and

• (iv) sections 165 and 169 (which relate to the powers of constables to obtain names and addresses of drivers and others and to require production of evidence of insurance or security and test certificates); and

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Any power of a constable for the purposes of the following provisions of the Road Traffic Act 1988, namely, sections 163, 164(1), (2) and (6) and 165, shall be exercisable by a traffic warden under an order made by virtue of subsection (1) above only where—

• (a) the traffic warden is assisting a constable, or

• (b) the traffic warden has reasonable cause to believe that an offence has been committed of a description specified in relation to the section in question for the purposes of this paragraph by the order, and, in the case of a power for the purposes of section 165 of the Road Traffic Act 1988, the order authorises the use of that power in relation to that offence, or

• (c) in the case of a power for the purposes of section 163 of the Road Traffic Act 1988, the traffic warden is exercising functions in connection with the control and regulation of traffic (including pedestrians) or stationary vehicles.

• (4) Where an order has been made pursuant to subsection (2)(bb)(i) above, in section 100(3) of this Act the words “chief officer of the police force to which the constable belongs” shall be deemed to include a reference to a chief officer of police under whose direction a traffic warden acts.

• (5) Any order made under section 95(5) of this Act may make different provision for different cases or classes of case, or in respect of different areas.

97

• (1) Neither regulations under section 7 of the Superannuation Act 1972 nor any local Act scheme within the meaning of section 8 of that Act shall apply to traffic wardens by virtue of section 95 or 96 of this Act; but, in relation to such traffic wardens ... as their employer may determine, those regulations (or, if the expenses of that employer are paid by a local Act authority, the local Act scheme) shall apply, subject to such adaptations, modifications and exceptions as the Sectetary of State may by regulations prescribe.

• (2) Where traffic wardens are employed by a police authority which is a committee of the council of a county, they shall be treated as employed by the committee as constituted from time to time; but the committee’s employment of traffic wardens shall not subject members of the committee to any personal liability under contract or otherwise.

• (3) The expenses incurred for the purposes of or in connection with the functions of ... a police authority under section 95 of this Act shall be defrayed as if those expenses were expenses incurred for the purposes of the police force maintained by ... the authority.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Any power of a person to acquire, or authorise the acquisition of, land for the purposes of a police force shall include power to acquire, or authorise the acquisition of land for the purposes of the functions of the person under sections 95 and 96 of this Act; and any land occupied for the purposes of those functions shall be deemed to be occupied for the purposes of the police force.

98

Removal or immobilisation of vehicles

99

• (1) The Secretary of State may by regulations make provision for the removal of vehicles which have been permitted to remain at rest—

• (a) on a road or other land in contravention of any statutory prohibition or restriction, or

• (b) on a road or other land in such a position or in such condition or in such circumstances as to cause obstruction to other persons using the road or land concerned or as to be likely to cause danger to such persons, or

• (c) on a road , or on any land in the open air, or other land in such a position or in such condition or in such circumstances as to appear, to an authority empowered by the regulations to remove such vehicles, to have been abandoned without lawful authority,

or which have broken down on a road or other land.

• (2) Regulations under this section—

• (a) may provide, in the case of a vehicle which may be removed from a road, for the moving of the vehicle from one position on a road to another position on that or another road or on land other than a road;

• (aa) may provide, in the case of a vehicle which may be removed from land other than a road, for the moving of the vehicle from one position on such land to another position on such land or on any road;

• (b) may provide for repealing byelaws dealing with the same subject-matter as the regulations, and for suspending, while the regulations remain in force, any power of making such byelaws; . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Where it appears to an authority which (apart from this subsection” is empowered to remove a vehicle in pursuance of regulations under this section that the vehicle is on land other than a road which is occupied by any person, the authority shall give him notice in the prescribed manner that they propose to remove the vehicle in pursuance of the regulations, and shall not be entitled to remove it if he objects to the proposal in the prescribed manner and within the prescribed period.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In this section “vehicle” means any vehicle, whether or not it is in a fit state for use on roads, and includes any chassis or body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, such a vehicle.

• (6) For the purposes of this section, the suspension under section 13A or 49 of this Act of the use of a parking place is a restriction imposed under this Act.

100

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Any vehicle removed by the council of a non-metropolitan district in England under regulations made under section 99 of this Act shall be delivered by them to the council of the county comprising the district in accordance with such arrangements (including arrangements as to the sharing of any expenses incurred or sums received by the two councils under section 99 of this Act or this section or under section 101 or 102 of this Act) as may be agreed between the two councils or, in default of agreement, as may be determined by the Secretary of State.

• (3) Any vehicle removed by a constable in pursuance of any such regulations and appearing to him to have been abandoned may be delivered by the chief officer of the police force to which the constable belongs to a local authority, with the consent of that authority.

• (3A) Any vehicle removed by, or by virtue of arrangements made by, a traffic officer in pursuance of regulations made under section 99 of this Act and appearing to the traffic officer to have been abandoned shall be delivered to the Secretary of State or a strategic highways company.

• (4) While a vehicle is in the custody of an authority in pursuance of this section or of regulations under section 99 of this Act, other than a vehicle which in the opinion of that authority is in such a condition that it ought to be destroyed, it shall be the duty of that authority to take such steps as are reasonably necessary for the safe custody of the vehicle.

• (5) In this section —

• “local authority”—in relation to England, means the council of a county, metropolitan district or London borough , the Common Council of the City of London or Transport for London;;in relation to Wales, means the council of a county or county borough; andin relation to Scotland, means a council constituted under section 2 of the Local Government etc.(Scotland Act 1994)

• “traffic officer” means an individual designated as such by the Secretary of State, or by a person authorised by the Secretary of State, in accordance with section 2 of the Traffic Management Act 2004;

and“vehicle” has the meaning assigned to it by section 99(5) of this Act.

101

• (1) Subject to subsection (3) and section 101A below, a competent authority may, in such manner as they think fit, dispose of a vehicle which appears to them to be abandoned and which has been, or could at any time be, removed in pursuance of—

• (a) an order to which this section applies, or

• (b) regulations under section 99 of this Act.

• (2) This section applies to the following orders, that is to say—

• (a) any order under section 35 of this Act;

• (b) any order relating to a parking place designated under section 45 of this Act; and

• (c) any order containing a provision having effect by virtue of section 53(3) of this Act.

• (3) The time at which a competent authority may dispose of a vehicle under subsection (1) above is as follows, that is to say—

• (a) in the case of a vehicle which in their opinion is in such a condition that it ought to be destroyed; . . .

• (b) in the case of a vehicle, not falling within paragraph (a), which—

• (i) does not display a licence (whether current or otherwise and whether or not the vehicle is required to display a licence), and

• (ii) does not display any registration mark (whether indicating registration within or outside the United Kingdom),

at any time after its removal;

• (c) in any other case, any time after such steps as may be prescribed have been taken by a competent authority (or partly by one competent authority and partly by the other) to find a person appearing to the authority taking such steps to be the owner of the vehicle and either—

• (i) they have failed to find such a person, or

• (ii) he has failed to comply with a notice served on him in the prescribed manner by a competent authority requiring him to remove the vehicle from their custody within the prescribed period.

. . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) The Secretary of State may by regulations require an authority by whom a vehicle is disposed of in pursuance of this section to give such information relating to the disposal as may be prescribed to such persons as may be prescribed.

• (8) In this section—

• “competent authority”, in relation to a vehicle, means—the chief officer of the police force in whose area is the place which the vehicle has been removed or could at any time be removed, . . .the local authority (other than Transport for London) in whose area that place is or to whom the vehicle has been delivered by the chief officer of a police force; ...Transport for London, where the vehicle has been removed by a parking attendant on its behalf; orthe Secretary of State or a strategic highways company, where the vehicle has been removed by, or by virtue of arrangements made by, a traffic officer;

• “licence”, in relation to a vehicle, means a licence issued for the vehicle under the Vehicles Excise and Registration Act 1994; (including a nil licence within the meaning of that Act)

• “owner”, in relation to a vehicle which is the subject of a hiring agreement or hire-purchase agreement, includes the person entitled to possession of the vehicle under the agreement; and

• “local authority” and “traffic officer” have the meanings assigned to them by section 100(5) and “vehicle” has the meaning assigned to it by section 99(5) of this Act.

101A

• (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,

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 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—

• (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 vehicle—

• (i) as the authority may require in accordance with Schedule 9 of the Traffic Management Act 2004, or

• (ii) in the case of an authority other than a local authority, as may be prescribed.

• (4) In any other case the relevant charges are such sums in respect of the removal and storage of the vehicle as may be prescribed.

• (5) If in the case of any vehicle it appears to the authority in question that more than one person is or was its owner at the relevant time, such one of them as the authority think fit shall be treated as its owner for the purposes of this section.

• (6) In this section—

• “ civil enforcement area for parking contraventions ” and “ penalty charge ” have the same meaning as in Part 6 of the Traffic Management Act 2004; and

• “ owner ” has the same meaning as in section 101 above.

101B

• (1) The Lord Chancellor may make regulations entitling a person who in the case of a vehicle found in an area that is a civil enforcement area for parking contraventions—

• (a) is required to pay an amount on recovering the vehicle under section 101A(1), or

• (b) receives a sum in respect of the vehicle under section 101A(2) or is informed that the proceeds of sale did not exceed the aggregate amount mentioned in that provision,

to make representations to the authority concerned and to appeal to an adjudicator if his representations are not accepted.

• (2) The regulations may make such provision in connection with the rights conferred as appears to the Lord Chancellor to be appropriate, and may in particular make provision—

• (a) requiring the authority to give a person notice of the rights conferred by the regulations,

• (b) as to the grounds on which, and time within which, representations may be made;

• (c) requiring supporting evidence in such circumstances as may be specified;

• (d) as to the duties of the authority when representations are received;

• (e) as to the circumstances in which there is a right of appeal to an adjudicator,

• (f) generally as to the making, determination and effect of, and procedure in connection with, such appeals, and

• (g) enabling an adjudicator to review any decision made on, or in the course of, an appeal.

• (3) The regulations may include provision authorising an adjudicator to require a person—

• (a) to attend to give evidence at the hearing of an appeal, and

• (b) to produce any documents in his custody or under his control relating to any matter relevant for the purposes of the appeal,

and making it a criminal offence triable summarily and punishable with a fine not exceeding level 2 on the standard scale to fail to comply with such a requirement.

• (4) The regulations may include provision authorising an adjudicator to make an order for the payment of costs and expenses by a party to an appeal in such circumstances as may be specified.

• (5) The functions of adjudicators under this section shall be discharged by the persons appointed as adjudicators for the purposes of Part 6 of the Traffic Management Act 2004 (civil enforcement of road traffic contraventions) and any arrangements made for the discharge of their functions under that Part also have effect for the purposes of this section.

• (6) Subsections (1) to (3) of section 89 of the Traffic Management Act 2004 (regulations and orders) apply to regulations under this section as they apply to regulations under Part 6 of that Act.

102

• (1) The provisions of this section shall have effect where a vehicle—

• (a) is removed from a parking place in pursuance of an order to which section 101 of this Act applies, or

• (b) is removed from a road or other land in pursuance of regulations under section 99 of this Act.

• (2) In any such case (but subject in the case of a local authority to subsection (2A))—

• (a) the appropriate authority is entitled to recover from any person responsible such charges as may be prescribed in respect of the removal of the vehicle;

• (b) the chief officer of a police force or a local authority in whose custody the vehicle is during any period is entitled to recover from any person responsible charges ascertained by reference to a prescribed scale in respect of that period; and

• (c) the chief officer of a police force or a local authority who dispose of the vehicle in pursuance of section 101 of this Act is entitled to recover from any person responsible charges determined in the prescribed manner in respect of its disposal.

• (2ZA) In the case of a vehicle removed by, or by virtue of arrangements made by, a traffic officer, subsection (2) applies as if for paragraphs (b) and (c) there were substituted—

• (b) the Secretary of State or a strategic highways company is entitled to recover from any person responsible charges ascertained by reference to a prescribed scale in respect of any period during which the vehicle is in his or its custody; and

• (c) the Secretary of State or a strategic highways company is entitled to recover from any person responsible charges determined in the prescribed manner in respect of any vehicle disposed of by him or it in pursuance of section 101 of this Act;

• (2A) In the case of a vehicle removed, on any ground mentioned in subsection (1), from an area that is a civil enforcement area for parking contraventions—

• (a) subsection (2) does not apply to the recovery of charges by a local authority, but

• (b) the enforcement authority is entitled to recover from any person responsible such charges in respect of the removal, storage and disposal of the vehicle as they may require in accordance with Schedule 9 to the Traffic Management Act 2004.

• (3) Any sum recoverable by virtue of this section shall, in England or Wales, be recoverable as a simple contract debt in any court of competent jurisdiction or, in the case of a sum not exceeding £20, summarily as a civil debt.

• (4) Without prejudice to subsection (3) above, where by virtue of paragraph (a) or (b) of subsection (2) above any sum is recoverable in respect of a vehicle by the chief officer of a police force or a local authority in whose custody the vehicle is, the chief officer or local authority shall be entitled to retain custody of it until that sum has been paid.

• (4A) Without prejudice to subsection (3) above, where by virtue of paragraph (a) or (b) of subsection (2) above any sum is recoverable in respect of a vehicle which is in the custody of the Secretary of State or a strategic highways company, the Secretary of State or the company shall be entitled to retain custody of it until that sum has been paid.

• (5) The court by which a person is convicted of an offence under section 2(1) of the Refuse Disposal (Amenity) Act 1978 in respect of a motor vehicle may, on the application of an authority and in addition to any other order made by the court in relation to that person, order him to pay to the authority any sum which, in the opinion of the court, the authority are entitled to recover from him under this section in respect of the vehicle.

• (6) For the purposes of this section a vehicle removed, as mentioned in subsection (1) above, by the council of a non-metropolitan district in England shall be treated as in the custody of the council of the county comprising that district while it is in the custody of the district council by whom it was so removed.

• (7) Any sum recovered under this section by the chief officer of a police force shall be paid into the police fund.

• (8) In this section—

• “appropriate authority”—in relation to a vehicle removed by a constable or a person acting in aid of a police force, means the chief officer of the police force to which the constable belongs or in whose aid that person was acting, andin relation to a vehicle removed (by a person other than a constable or person acting in aid of a police force) from a place outside Greater London, which is a parking place provided or controlled by a local authority, or from a place (not being a parking place) on a road or other land, means the local authority in whose area that place is, . . . andin relation to a vehicle removed by, or by virtue of arrangements made by, a traffic officer, means the Secretary of State or a strategic highways company;

• “civil enforcement area for parking contraventions” and “enforcement authority” have the same meaning as in Part 6 of the Traffic Management Act 2004;

• “person responsible”, in relation to a vehicle, means—the owner of the vehicle at the time when it was put in the place from which it was removed as mentioned in subsection (1) above, unless he shows that he was not concerned in, and did not know of, its being put there;any person by whom the vehicle was put in that place;any person convicted of an offence under section 2(1) of the Refuse Disposal (Amenity) Act 1978 in consequence of the putting of the vehicle in that place; . . .

• “local authority” has the meaning assigned to it by section 100(5) , except that it does not include Transport for London, “traffic officer” also has the meaning assigned to it by section 100(5), and “vehicle” has the meaning assigned to it by section 99(5) of this Act. . . .

• . . .

• (9) For the purposes of—

• (a) subsection (2A) above, and

• (b) paragraph (b) in the definition of “appropriate authority” in subsection (8) above,

a parking place provided under a letting or arrangements made by a local authority in pursuance of section 33(4) of this Act shall be treated as provided by that authority.

103

• (1) The Secretary of State may by regulations provide that, in relation to any vehicle which is or was in any part of a loading area while the parking of it in that area is or was prohibited by virtue of section 61 of this Act, sections 99 to 102 of this Act shall have effect with such additions, omissions and amendments as are prescribed by the regulations.

• (2) In this section “loading area” has the same meaning as in section 61 of this Act.

• (3) Regulations made under sections 99 to 102 of this Act may make different provision for different cases or classes of case or in respect of different areas.

• (4) A local authority must in exercising any of their functions under sections 99 to 102 have regard to any guidance given to the authority for the purpose by—

• (a) the Secretary of State, in the case of a local authority in England;

• (b) the National Assembly for Wales, in the case of a local authority in Wales.

• (5) In subsection (4) “ local authority ” has the meaning given by section 100(5)(a) and (b).

104

• (1) Subject to sections 105 and 106 of this Act, where a constable finds on a road a vehicle which has been permitted to remain at rest there in contravention of any prohibition or restriction imposed by or under any enactment, he may—

• (a) fix an immobilisation device to the vehicle while it remains in the place in which he finds it; or

• (b) move it from that place to another place on the same or another road and fix an immobilisation device to it in that other place;

or authorise another person to take under his direction any action he could himself take by virtue of paragraph (a) or (b) above.

• (2) On any occasion when an immobilisation device is fixed to a vehicle in accordance with this section the constable or other person fixing the device shall also affix to the vehicle a notice—

• (a) indicating that such a device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion until it has been released from that device;

• (b) specifying the steps to be taken in order to secure its release; and

• (c) giving such other information as may be prescribed.

• (3) A vehicle to which an immobilisation device has been fixed in accordance with this section may only be released from that device by or under the direction of a person authorised to give such a direction by the chief officer of police within whose area the vehicle in question was found.

• (4) Subject to subsection (3) above, a vehicle to which an immobilisation device has been fixed in accordance with this section shall be released from that device on payment in any manner specified in the notice affixed to the vehicle under subsection (2) above of such charge in respect of the release as may be prescribed.

• (5) A notice affixed to a vehicle under this section shall not be removed or interfered with except by or under the authority of the person in charge of the vehicle or the person by whom it was put in the place where it was found by the constable; and any person contravening this subsection shall be guilty of an offence.

• (6) Any person who, without being authorised to do so in accordance with this section, removes or attempts to remove an immobilisation device fixed to a vehicle in accordance with this section shall be guilty of an offence.

• (7) Where a vehicle is moved in accordance with this section before an immobilisation device is fixed to it, any power of removal under regulations for the time being in force under section 99 of this Act which was exercisable in relation to that vehicle immediately before it was so moved shall continue to be exercisable in relation to that vehicle while it remains in the place to which it was so moved.

• (8) In relation to any vehicle which is removed in pursuance of any such regulations or under section 3 of the Refuse Disposal (Amenity) Act 1978 (duty of local authority to remove abandoned vehicles) from a place to which it was moved in accordance with this section, references in the definition of “person responsible” in section 102(8) of this Act and section 5 of the said Act of 1978 mentioned above (recovery from person responsible of charges and expenses in respect of vehicles removed) to the place from which the vehicle was removed shall be read as references to the place in which it was immediately before it was moved in accordance with this section.

• (9) In this section “immobilisation device” means any device or appliance designed or adapted to be fixed to a vehicle for the purpose of preventing it from being driven or otherwise put in motion, being a device or appliance of a type approved by the Secretary of State for use for that purpose in accordance with this section.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) Any sum received by virtue of subsection (4) above shall be paid into the police fund or, in Scotland, to the Scottish Police Authority.

• (12) Regulations under subsection (2) or (4) above may make different provision for different cases or classes of case or in respect of different areas.

• (12A) For the purposes of this section, the suspension under section 13A or 49 of this Act of the use of a parking place is a restriction imposed under this Act.

105

• (1) Subject to the following provisions of this section, section 104(1) of this Act shall not apply in relation to a vehicle found by a constable in the circumstances mentioned in that subsection if . . . —

• (a) a current disabled person’s badge is displayed on the vehicle; or

• (aa) a current recognised badge (within the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970) is displayed on the vehicle; or

• (b) the vehicle is in a meter bay within a parking place designated by a designation order.

• (2) The exemption under subsection (1)(b) above shall not apply in the case of any vehicle found otherwise than in Greater London if—

• (a) the meter bay in which it was found was not authorised for use as such at the time when it was left there (referred to below in this section as the time of parking); or

• (b) an initial charge was not duly paid at the time of parking; or

• (c) there has been since that time any contravention in relation to the relevant parking meter of any provision made by virtue of section 46(2)(c) of this Act; or

• (d) more than two hours have elapsed since the end of any period for which an initial charge was duly paid at the time of parking or (as the case may be) since the end of any unexpired time in respect of another vehicle available on the relevant parking meter at the time of parking.

• (2A) The exemption under subsection (1)(b) above shall not apply in the case of any vehicle found in Greater London if the meter bay in which it was found was not authorised for use as such at the time when it was left there.

• (3) For the purposes of subsections (2)(a) and (2A) above, a meter bay in a parking place designated by a designation order is not authorised for use as such at any time when—

• (a) by virtue of section 49(1)(a) of this Act the parking place is treated for the purposes of sections 46 and 47 of this Act as if it were not designated by that order; or

• (b) the use of the parking place or of any part of it that consists of or includes that particular meter bay is suspended under section 49(4) of this Act.

• (4) In relation to any vehicle found in a meter bay within a parking place designated by a designation order, references in subsection (2) above to an initial charge are references to an initial charge payable in respect of that vehicle under section 45 or 50 of this Act.

• (5) In any case where section 104(1) of this Act would apply in relation to a vehicle but for subsection (1)(a) above, the person guilty of contravening the prohibition or restriction mentioned in section 104(1) is also guilty of an offence und\er this subsection if the conditions mentioned in subsection (6) below are met.

• (6) Those conditions are that at the time when the contravention occurred—

• (a) the vehicle was not being used in accordance with regulations under section 21 of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons); and

• (b) he was not using the vehicle in circumstances falling within section 117(1)(b)of this Act.

• (6A) In any case where section 104(1) of this Act would apply in relation to a vehicle but for subsection (1)(aa) above, the person guilty of contravening the prohibition or restriction mentioned in section 104(1) is also guilty of an offence under this subsection if the conditions mentioned in subsection (6B) below are met.

• (6B) Those conditions are that at the time when the contravention occurred—

• (a) the vehicle was not being used in accordance with regulations under section 21A of the Chronically Sick and Disabled Persons Act 1970 (display of non-GB badges); and

• (b) he was not using the vehicle in circumstances falling within section 117(1A)(b) of this Act.

• (7) In this section, “meter bay” means a parking space equipped with a parking meter; and the references in subsection (2) above to the relevant parking meter are references to the parking meter relating to the meter bay in which the vehicle in question was found.

106

• (1) Sections 104 and 105 of this Act (referred to below in this section as the principal sections) shall extend only to such areas as the Secretary of State may by order specify; and the power of the Secretary of State to extend those sections to any area is subject to the following provisions of this section.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . for the purposes of the principal sections any order under this section extending those sections to any area may be made for a limited period or without limit of time (subject to variation or revocation by a further order under this section).

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) The Secretary of State shall not by order under this section (including any order varying an existing order) extend the principal sections to any area for the first time unless requested to do so by the local traffic authority.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) The power of the Secretary of State to make any order under this section shall be exercisable by statutory instrument which, . . . , shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

106A

• (1) Sections 104 and 105 of this Act shall extend throughout Greater London if the Secretary of State makes an order to that effect.

• (2) If such an order is made, section 106 of this Act shall cease to apply in relation to Greater London when the order comes into force.

• (3) Before such an order comes into force, section 106 of this Act shall have effect as if in subsection (7) the words “or by the Traffic Director for London” were added at the end and as if the following subsection were inserted after subsection (7)—

(7A) Before making an order under this section at the request of the Traffic Director for London, the Secretary of State shall consult the appropriate local authority.

• (4) The power of the Secretary of State\ to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Enforcement of excess parking charges

What a traffic regulation order may provide.

107

• (1) This section applies where—

• (a) an excess charge has been incurred in pursuance of an order under sections 45 and 46 of this Act;

• (b) notice of the incurring of the excess charge has been given or affixed as provided in the order; and

• (c) the excess charge has not been duly paid in accordance with the order;

and in the following provisions of this Part of this Act “the excess charge offence” means the offence under section 47 of this Act of failing duly to pay the excess charge.

• (2) Subject to the following provisions of this section—

• (a) for the purposes of ths institution of proceedings in respect of the excess charge offence against any person as being the owner of the vehicle at the relevant time, and

• (b) in any proceedings in respect of the excess charge offence brought against any person as being the owner of the vehicle at the relevant time,

it shall be conclusively presumed (notwithstanding that that person may not be an individual) that he was the driver of the vehicle at that time and, accordingly, that acts or omissions of the driver of the vehicle at that time were his acts or omissions.

• (3) Subsection (2) above shall not apply in relation to any person unless, within the period of 6 months beginning on the day on which the notice of the incurring of the excess charge was given or affixed as mentioned in subsection (1)(b) above, a notice under section 108 of this Act has been served on him—

• (a) by or on behalf of the authority which is the local authority for the purposes of sections 45 and 46 of this Act in relation to the parking place concerned, or

• (b) by or on behalf of the chief officer of police.

• (4) If the person on whom a notice under section 108 of this Act is served in accordance with subsection (3) above was not the owner of the vehicle at the relevant time, subsection (2) above shall not apply in relation to him if he furnishes a statutory statement of ownership to that effect in compliance with the notice.