Legalize / United Kingdom / Public General Act

Road Traffic Act 1991

Type Public General Act

Publication 1991-07-25

Last updated 2024-11-28

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(5) The Secretary of State shall set objectives which he expects the Director to meet in exercising his functions.

(6) The Secretary of State shall publish, in such manner as he considers appropriate, any objectives which he sets under subsection (5) above.

(7) The Director shall exercise his functions—

(a) so as to meet any such objectives, so far as it is reasonably practicable for him to do so; and

(b) in accordance with any directions which the Secretary of State may from time to time see fit to give him.

(8) Any objectives set for the Director under subsection (5) above and any directions given to him under subsection (7) above may be specific or general.

(9) The Secretary of State shall publish, in such manner as he considers appropriate, any directions which he gives to the Director under subsection (7) above.

The Director’s network plan

53

Local plans and trunk road local plans

Duty of London authorities to prepare local plans

54

The Director’s trunk road local plans

55

The Minister’s trunk road local plans

56

Implementation of local plans

57

Implementation by Director of certain plans

58

Variation of local plans

59

(1) A London authority may vary their local plan, but only with the written consent of the Director.

(2) The Director may give a direction to any London authority requiring them to vary their local plan in such manner as may be specified in the direction.

(3) In varying their local plan, a London authority shall have regard to the Secretary of State’s traffic management guidance and to the network plan.

(4) Before varying their local plan, a London authority shall consult—

(a) the relevant Commissioner or, if appropriate, both Commissioners;

(b) London Regional Transport;

(c) such organisations representing the interests of people with a disability who may be affected by the plan as appear to the authority to be appropriate; and

(d) any other London authority within whose area there is situated any road which is not a priority route but which is, in the authority’s opinion, likely to be affected by the proposed variation.

(5) Where a London authority fail, within a reasonable time, to comply with any direction given under subsection (2) above, the Director may vary the local plan on their behalf.

(6) Before varying a local plan on behalf of a London authority the Director shall consult—

(a) that authority;

(b) the relevant Commissioner or, if appropriate, both Commissioners;

(d) such organisations representing the interests of people with a disability who may be affected by the plan as appear to the Director to be appropriate; and

(e) any other London authority within whose area there is situated any road which is not a priority route but which is, in his opinion, likely to be affected by the proposed variation.

(7) Any reasonable administrative expenses incurred by the Director under subsection (5) above shall be recoverable by him from the London authority concerned as a civil debt.

Proposed action by London authorities likely to affect priority routes

60

Intervention powers

61

Failure to implement local plans

62

Parking in London

The Secretary of State’s parking guidance

63

Charges at designated parking places

64

(1) In section 46 of the Road Traffic Regulation Act 1984 (charges at, and regulation of, designated parking places), in subsection (1) after the word “made” there shall be inserted the words “ with respect to any parking place outside Greater London ”.

(2) After subsection (1) of that section there shall be inserted the following subsection—

(1A) Subject to Parts I to III of Schedule 9 to this Act, where the authority by whom a designation order is made with respect to any parking place in Greater London impose charges to be paid for vehicles left in a parking place designated by the order, those charges shall be prescribed by the designation order or by a separate order made by the authority.

Contravention of certain orders relating to parking places in London not to be criminal offence

65

(1) In section 47 of the Road Traffic Regulation Act 1984 (offences relating to designated parking places) the words “ ;but this subsection does not apply in relation to any designated parking place in Greater London ” shall be added at the end of subsection (1).

(2) In section 8 of that Act (contravention of orders under section 6 to be an offence), the following subsection shall be inserted after subsection (1)—

(1A) Subsection (1) above does not apply in relation to any order under section 6 of this Act so far as it designates any parking places.

(3) The provisions of section 11 of that Act (contravention of experimental traffic order) shall become subsection (1) of that section and the following subsection shall be inserted as subsection (2)—

(2) This section does not apply in relation to any experimental traffic order so far as it designates any parking places in Greater London.

Parking penalties in London

66

(1) Where, in the case of a stationary vehicle in a designated parking place, a parking attendant has reason to believe that a penalty charge is payable with respect to the vehicle, he may—

(a) fix a penalty charge notice to the vehicle; or

(b) give such a notice to the person appearing to him to be in charge of the vehicle.

(2) For the purposes of this Part of this Act, a penalty charge is payable with respect to a vehicle, by the owner of the vehicle, if—

(a) the vehicle has been left—

(i) otherwise than as authorised by or under any order relating to the designated parking place; or

(ii) beyond the period of parking which has been paid for;

(b) no parking charge payable with respect to the vehicle has been paid; or

(c) there has, with respect to the vehicle, been a contravention of, or failure to comply with, any provision made by or under any order relating to the designated parking place.

(3) A penalty charge notice must state—

(a) the grounds on which the parking attendant believes that a penalty charge is payable with respect to the vehicle;

(b) the amount of the penalty charge which is payable;

(d) that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;

(e) that, if the penalty charge is not paid before the end of the 28 day period, a notice to owner may be served by the London authority on the person appearing to them to be the owner of the vehicle;

(f) the address to which payment of the penalty charge must be sent.

(4) In subsection (3)(d) above “specified proportion” means such proportion, applicable to all cases, as may be determined by the London authorities acting through the Joint Committee.

(5) A penalty charge notice fixed to a vehicle in accordance with this section shall not be removed or interfered with except by or under the authority of—

(a) the owner, or person in charge, of the vehicle; or

(b) the London authority for the place in which the vehicle in question was found.

(6) A person contravening subsection (5) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(7) Schedule 6 to this Act shall have effect with respect to penalty charges, notices to owners and other matters supplementing the provisions of this section.

Recovery of vehicles or of proceeds of disposal

67

(1) Section 101 of the Road Traffic Regulation Act 1984 shall be amended as follows.

(2) In subsection (1) for “(5)” there shall be substituted “ (5A) ”.

(3) In subsection (4) after the words “before a vehicle” there shall be inserted the words “ found outside Greater London ”.

(4) After that subsection there shall be inserted—

(4A) If, before a vehicle found in Greater London is disposed of by an authority in pursuance of subsections (1) to (3) above, the vehicle is claimed by a person who satisfies the authority that he is its owner and pays— (a) any penalty charge payable in respect of the parking of the vehicle in the place from which it was removed; and (b) such sums in respect of the removal and storage of the vehicle— (i) as the authority may require; or (ii) in the case of sums payable to a competent authority which is not a local authority, as may be prescribed, the authority shall permit him to remove the vehicle from their custody within such period as they may specify or, where paragraph (b)(ii) applies, as may be prescribed.

(5) In subsection (5) after the words “which a vehicle” there shall be inserted the words “ found outside Greater London ”.

(6) After that subsection there shall be inserted—

(5A) If, before the end of the period of one year beginning with the date on which a vehicle found in Greater London is sold by an authority in pursuance of this section, any person satisfies that authority that at the time of the sale he was the owner of the vehicle, that authority shall pay him any sum by which the proceeds of sale exceed the aggregate of— (a) any penalty charge payable in respect of the parking of the vehicle in the place from which it was removed; and (b) such sums in respect of the removal, storage and disposal of the vehicle— (i) as the authority may require; or (ii) in the case of sums payable to a competent authority which is not a local authority, as may be prescribed.

(7) In subsection (6) for the words “and (5)” there shall be substituted the words “ to (5A) ”.

Charges for removal, storage and disposal of vehicles

68

(1) Section 102 of the Road Traffic Regulation Act 1984 shall be amended as follows.

(2) In subsection (2)—

(a) in paragraphs (b) and (c) after the words “local authority” there shall be inserted the words “ other than a London authority ”; and

(b) after paragraph (c) there shall be added—

and (d) a London authority shall be entitled to recover from any person responsible, such charges in respect of the removal, storage and disposal of a vehicle removed from a parking place designated under section 6, 9 or 45 of this Act or otherwise provided or controlled by that authority as they may require.

(3) In subsection (8)—

(a) in the definition of “appropriate authority”, for paragraph (b) there shall be substituted—

(b) in 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 land in the open air, means the local authority in whose area that place is,

;

(b) in that definition, the words following paragraph (b) shall be omitted; and

and “London authority” means any council of a London borough or the Common Council of the City of London.

(4) The following subsection shall be added at the end—

(9) For the purposes of— (a) subsection (2)(d) 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.

Immobilisation of vehicles in parking places

69

(1) Where, in the case of a stationary vehicle in a designated parking place, a parking attendant has reason to believe that the vehicle has been permitted to remain at rest there in any of the circumstances specified in section 66(2) (a), (b) or (c) of this Act, he or another person acting under his direction may fix an immobilisation device to the vehicle.

(2) On any occasion when an immobilisation device is fixed to a vehicle in accordance with this section, the person fixing the device shall also fix 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

(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 by the relevant authority to give such a direction.

(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 fixed to the vehicle under subsection (2) above of—

(a) the penalty charge payable in respect of the parking; and

(b) such charge in respect of the release as may be required by the relevant authority.

(5) A notice fixed to a vehicle in accordance with this section shall not be removed or interfered with except by or under the authority of—

(a) the owner, or person in charge, of the vehicle; or

(b) the relevant authority.

(6) A person contravening subsection (5) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(7) 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 and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8) In this section “relevant authority” means the London authority for the place in which the vehicle in question was found.

Exemptions from section 69

70

(1) Section 69(1) of this Act shall not apply in relation to a vehicle if—

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

(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;

(b) not more than 15 minutes have elapsed since the end of any period for which the appropriate charge was duly paid at the time of parking; or

(c) not more than 15 minutes have elapsed since the end of any unexpired time (in respect of another vehicle) which is available at the relevant parking meter at the time of parking.

(2) In any case in which section 69(1) of this Act would apply to a vehicle but for subsection (1)(a) above and the vehicle was not, at the time at which it was parked, being used—

(a) in accordance with regulations under section 21 of the Chronically Sick and Disabled Persons Act 1970; and

(b) in circumstances falling within section 117(1)(b) of the Road Traffic Regulation Act 1984 (use where a disabled person’s concession would be available),

the person in charge of the vehicle at that time shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2A) In any case in which section 69(1) of this Act would apply to a vehicle but for subsection (1)(aa) above and the vehicle was not, at the time at which it was parked, being used—

(a) in accordance with regulations under section 21A of the Chronically Sick and Disabled Persons Act 1970, and

(b) in circumstances falling within section 117(1A)(b) of the Road Traffic Regulation Act 1984 (use where a disabled person’s concession would be available by virtue of displaying a non-GB badge),

the person in charge of the vehicle at that time shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) In this section “disabled person’s badge” has the same meaning as in section 142(1) of the Road Traffic Regulation Act 1984, and “parking meter” has the same meaning as in section 46(2)(a) of that Act.

Representations in relation to removal or immobilisation of vehicles

71

(1) The owner or person in charge of a vehicle who—

(a) removes it from the custody of a London authority in accordance with subsection (4A) of section 101 of the Road Traffic Regulation Act 1984 (ultimate disposal of vehicles abandoned and removable under that Act);

(b) receives any sum in respect of the vehicle under subsection (5A) of that section;

(c) is informed that the proceeds of sale of the vehicle did not exceed the aggregate amount mentioned in subsection (5A) of that section; or

(d) secures its release from an immobilisation device in accordance with section 69(4) of this Act,

shall thereupon be informed of his right under this section to make representations to the relevant authority and of the effect of section 72 of this Act.

(2) The relevant authority shall give that information, or shall cause it to be given, in writing.

(3) Any person to whom subsection (1) above applies may make representations to the relevant authority on one or more of the grounds mentioned in subsection (4) below.

(4) The grounds are—

(a) that there were no reasonable grounds for the parking attendant concerned to believe that the vehicle had been permitted to remain at rest in the parking place in circumstances specified in section 66(2)(a), (b) or (c) of this Act;

(b) that the vehicle had been permitted to remain at rest in the parking place by a person who was in control of the vehicle without the consent of the owner;

(d) in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, section 69 of this Act did not apply to the vehicle at the time in question; or

(e) that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.

(5) An authority may disregard any representations which are received by them after the end of the period of 28 days beginning with the date on which the person making them is informed, under subsection (1) above, of his right to make representations.

(6) It shall be the duty of an authority to whom representations are duly made under this section, before the end of the period of 56 days beginning with the date on which they receive the representations—

(a) to consider them and any supporting evidence which the person making them provides; and

(b) to serve on that person notice of their decision as to whether they accept that the ground in question has been established.

(7) Where an authority serve notice under subsection (6)(b) above that they accept that a ground has been established they shall (when serving that notice) refund any sums—

(a) paid under subsection (4A) of section 101 of the Act of 1984 when the vehicle was removed from the custody of the authority;

(b) deducted from the proceeds of sale of the vehicle under subsection (5A) of that section; or

except to the extent (if any) to which those sums were properly paid or deducted.

(8) Where an authority serve notice under subsection (6)(b) above that they do not accept that a ground has been established, that notice shall—

(a) inform the person on whom it is served of his right to appeal to a parking adjudicator under section 72 of this Act;

(b) indicate the nature of a parking adjudicator’s power to award costs against any person appealing to him under that section; and

(9) Where an authority fail to comply with subsection (6) above before the end of the period of 56 days mentioned there—

(a) they shall be deemed to have accepted that the ground in question has been established and to have served notice to that effect under subsection (7) above; and

(b) subsection (7) above shall have effect as if it required any refund to be made immediately after the end of that period.

(10) A person who makes any representation under this section or section 72 of this Act which is false in a material particular and does so recklessly or knowing it to be false in that particular is guilty of an offence.

(11) Any person convicted of an offence under subsection (10) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(12) Any notice required to be served under this section may be served by post.

(13) Where the person on whom any document is required to be served by subsection (6) above is a body corporate, the document is duly served if it is sent by post to the secretary or clerk of that body.

(14) In this section and in section 72 of this Act “relevant authority” has the same meaning as in section 69(8) of this Act.

Appeals to parking adjudicator in relation to decisions under section 71

72

(1) Where an authority serve notice under subsection (6)(b) of section 71 of this Act that they do not accept that a ground on which representations were made under that section has been established, the person making those representations may, before—

(a) the end of the period of 28 days beginning with the date of service of that notice; or

(b) such longer period as a parking adjudicator may allow,

appeal to a parking adjudicator against the authority’s decision.

(2) On an appeal under this section, the parking adjudicator shall consider the representations in question and any additional representations which are made by the appellant on any of the grounds mentioned in section 71(4) of this Act and, if he concludes—

(a) that any of the representations are justified; and

(b) that the relevant authority would have been under the duty imposed by section 71(7) of this Act to refund any sum if they had served notice that they accepted that the ground in question had been established,

he shall direct that authority to make the necessary refund.

(3) It shall be the duty of any authority to whom such a direction is given to comply with it forthwith.

Appointment of parking adjudicators by joint committee of the London authorities

73

(1) The London local authorities and Transport for London (in this section referred to as “the appointing authorities”) shall establish a single joint committee under section 101(5) of the Local Government Act 1972 (“the Joint Committee”) before 4th September 2000 or such later date as the Secretary of State may by order specify.

(1A) For the purposes of subsection (1) above, sections 101(5) and 102 of the Local Government Act 1972 shall have effect as if Transport for London were a local authority.

(2) The functions conferred on the appointing authorities by this section . . . shall be discharged by the Joint Committee.

(3) The appointing authorities shall—

(a) with the consent of the Lord Chancellor, appoint persons to act as parking adjudicators for the purposes of this Part of this Act;

(b) provide accommodation and administrative staff for the parking adjudicators; and

(4) To be qualified for appointment as a parking adjudicator, a person must satisfy the judicial-appointment eligibility condition on a 5-year basis.

(5) Each parking adjudicator shall be appointed for such term, not exceeding five years, as the appointing authorities may specify in relation to his appointment.

(6) On the expiry of his term of appointment, a parking adjudicator shall be eligible for re-appointment.

(7) A parking adjudicator may be removed from office only for misconduct or on the ground that he is unable or unfit to discharge his functions but shall otherwise hold and vacate office in accordance with the terms of his appointment.

(8) The expenses of the Joint Committee incurred in the discharge of functions conferred on the appointing authorities by this Act shall be defrayed by the appointing authorities in such proportions as they may decide or, in default of a decision by them, as may be determined by an arbitrator nominated by the Chartered Institute of Arbitrators on the application of the Joint Committee.

(9) The costs of any reference to arbitration under subsection (8) above shall be borne by the appointing authorities in equal shares.

(10) Where the Secretary of State is satisfied that there has been, or is likely to be, a failure on the part of the appointing authorities to agree on the proportions in which the expenses of the Joint Committee are to be defrayed by them under subsection (8) above he may give the Joint Committee such directions as he considers appropriate in order to require it to refer the matter to arbitration under that subsection.

(11) The Secretary of State shall by regulations make provision as to the procedure to be followed in relation to proceedings before parking adjudicators.

(12) The regulations may, in particular, include provision—

(a) as to the manner in which appeals to parking adjudicators are to be made or withdrawn;

(b) authorising an appeal to a parking adjudicator to be disposed of on the basis of written representations unless the appellant requests an oral hearing;

(d) requiring any such hearing to be held in public except in prescribed circumstances;

(e) as to the persons entitled to appear and be heard on behalf of the parties;

(f) requiring persons to attend to give evidence and to produce documents;

(g) as to evidence at the hearing;

(h) as to the adjournment of hearings;

(i) for the award of costs in prescribed circumstances;

(j) for the settlement of costs, by taxation (and in particular by taxation in a county court) or by some other prescribed method;

(k) authorising decisions of parking adjudicators to be reserved;

(l) authorising or requiring parking adjudicators—

(i) to revise or set aside decisions;

(ii) to revoke or vary orders made by them;

(m) requiring decisions of, and orders made by, parking adjudicators, to be recorded;

(n) as to the proof of decisions of, and orders made by, parking adjudicators;

(o) authorising the correction of clerical errors in records kept in accordance with the requirements of the regulations;

(p) requiring service of—

(i) notice of decisions of parking adjudicators;

(ii) copies of any orders made by such adjudicators; or

(iii) notice of any corrections made by parking adjudicators in their decisions or orders.

(13) Subject to any provision made by the regulations, a parking adjudicator may regulate his own procedure.

(14) If any person who is required to attend a hearing held by a parking adjudicator, or to produce any document to a parking adjudicator in accordance with any regulations under subsection (11) above, fails without reasonable excuse to do so, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(15) Any amount which is payable under an adjudication of a parking adjudicator shall, if a county court so orders, be recoverable by the person to whom the amount is payable, as if it were payable under a county court order.

(16) Subsection (15) above does not apply to a penalty charge which remains payable following an adjudication under paragraph 5 of Schedule 6 to this Act.

(17) In accordance with such requirements as may be imposed by the Joint Committee, each parking adjudicator shall make an annual report to the Joint Committee on the discharge of his functions.

(18) The Joint Committee shall make and publish an annual report in writing to the Secretary of State on the discharge by the parking adjudicators of their functions.

Fixing of certain parking and other charges for London

74

(1) It shall be the duty—

(a) of Transport for London, so far as relating to trunk roads or GLA roads, and

(b) of the London local authorities, so far as relating to other roads,

to set the levels of additional parking charges to apply in London.

(2) Before setting the level of any charges under subsection (1) above, Transport for London must consult the London local authorities.

(3) Different levels may be set for different areas in London and for different cases or classes of case.

(4) Transport for London and the London local authorities shall submit to the Mayor of London, for his approval, the levels of additional parking charges which they propose to set under subsection (1) above.

(5) If—

(a) Transport for London or, as the case may be, the London local authorities fail to discharge their duty under subsection (1) above; or

(b) the Mayor of London does not approve the levels of additional parking charges proposed by the London local authorities,

the levels of additional parking charges for the roads referred to in paragraph (a) or (as the case may be) paragraph (b) of subsection (1) above shall be set by order made by the Mayor of London.

(6) Levels of additional parking charges set in accordance with this section may only come into force in accordance with section 74A below.

(7) It shall be the duty of Transport for London and the London local authorities to impose additional parking charges at the levels set in accordance with the provisions of this section.

(8) Transport for London and the London local authorities shall publish, in such manner as the Mayor of London may determine, the levels of additional parking charges which have been set in accordance with the provisions of this section.

(9) The functions conferred on London local authorities by this section or section 74A below shall be discharged by the Joint Committee.

(10) No person who represents Transport for London on the Joint Committee shall take any part in any proceedings of the Joint Committee so far as relating to the discharge by the Joint Committee of any functions under this section or section 74A below.

(11) Section 122 of the Road Traffic Regulation Act 1984 (exercise of functions by local authorities) shall apply in relation to—

(a) Transport for London,

(b) the London local authorities, and

and functions conferred on them by or under this section as it applies to local authorities and functions conferred on them by or under that Act.

(12) In this section “additional parking charges” means—

(a) penalty charges;

(b) charges made by London authorities for the removal, storage and disposal of vehicles; and

Immobilisation of vehicles in London by police

75

In the Road Traffic Regulation Act 1984, the following section shall be inserted after section 106—

(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.

Special parking areas

76

(1) Where a London authority apply to the Secretary of State for an order to be made under this section, the Secretary of State may make an order designating the whole, or any part, of that authority’s area as a special parking area.

(1A) An application for an order under subsection (1) above may only be made—

(a) by Transport for London, to the extent that the special parking area is to consist of GLA roads or trunk roads; or

(b) by a London local authority, to the extent that the special parking area is to consist of roads other than GLA roads and trunk roads.

(2) Before making an order under this section, the Secretary of State shall consult the relevant Commissioner or, if appropriate, both Commissioners.

(3) While an order under this section is in force, the following provisions shall cease to apply in relation to the special parking area designated by the order—

(a) section 8 of the Road Traffic Regulation Act 1984 (contravention of, or failure to comply with, an order under section 6 of that Act to be an offence), so far as it relates to the contravention of, or failure to comply with, any provision of such an order—

(i) prohibiting or restricting the waiting of vehicles on any road; or

(ii) relating to any of the matters mentioned in paragraph 7 or 8 of Schedule 1 to that Act (conditions for loading or unloading, or delivery or collecting);

(b) section 11 of the Act of 1984 (contravention of, or failure to comply with, an experimental traffic order under section 9 of that Act to be an offence), so far as it relates to any contravention of, or failure to comply with, any provision of such an experimental traffic order—

(i) prohibiting or restricting the waiting of vehicles on any road; or

(ii) relating to any of the matters mentioned in paragraph 7 or 8 of Schedule 1 to that Act (conditions for loading or unloading, or delivery or collecting);

(c) section 16(1) of the Act of 1984 so far as it relates to the contravention of any provision of an order or notice under section 14 of that Act—

(i) prohibiting or restricting the waiting of vehicles on any road; or

(ii) relating to any of the matters mentioned in paragraph 7 or 8 of Schedule 1 to that Act;

(ca) section 35A(1) (contravention of parking place orders) of the Act of 1984 so far as it applies in relation to stationary vehicles;

(cb) section 61(5) (prohibition of vehicles in loading areas) of the Act of 1984 so far as it applies in relation to stationary vehicles;.

(d) section 15 of the Greater London Council (General Powers) Act 1974 (parking of vehicles on verges, central reservations and footpaths etc. to be an offence);

(e) section 19 of the Road Traffic Act 1988 (parking of heavy vehicles on verges, central reservations and footpaths etc. to be an offence);

(f) section 21 of the Act of 1988 (prohibition of driving or parking on cycle tracks), so far as it makes it an offence to park a motor vehicle wholly or partly on a cycle track;

(g) section 36(1) of the Act of 1988 (failure to comply with traffic signs), so far as it makes it an offence to fail to comply with an indication given by a traffic sign of a prohibition on causing a vehicle to stop on part of a road in London demarcated by that sign as a stopping area for a bus.

(4) The Secretary of State may by order amend subsection (3) above by adding further provisions (but only in so far as they apply in relation to stationary vehicles).

(5) Before making an order under subsection (4) above, the Secretary of State shall consult—

(a) the two Commissioners; and

(b) such associations of London authorities (if any) as he thinks appropriate.

Application of provisions in relation to special parking areas

77

(1) This section applies in relation to any vehicle which is stationary in a special parking area (but which is not in a designated parking place) in circumstances in which an offence would have been committed with respect to the vehicle but for section 76(3) above.

(2) A penalty charge shall be payable with respect to the vehicle by the owner of the vehicle.

(3) Section 66 of, and Schedule 6 to, this Act shall apply in relation to penalty charges payable by virtue of subsection (2) above, but subject to such modifications (if any) as the Secretary of State considers it appropriate to make in the order designating the special parking area in question.

(4) Where a parking attendant has reason to believe that a penalty charge is payable with respect to the vehicle by virtue of subsection (2) above, he or another person acting under his direction may fix an immobilisation device to the vehicle.

(5) Subsections (2) to (8) of section 69 of this Act shall apply in relation to a device fixed to a vehicle under subsection (4) above, but subject to such modifications (if any) as the Secretary of State considers it appropriate to make in the order designating the special parking area in question.

(6) An order under section 76 designating a special parking area may make such modifications of any provision of, or amended by, this Part of this Act as the Secretary of State considers appropriate in consequence of the provisions of section 76 or this section or of the order.

Miscellaneous

Enforcement

78

(1) In this section—

“certificated bailiff”, means any person authorised to act as such under subsection (6) below; and

“a Part II debt” means any sum which is—payable under, or by virtue of, any provision of this Part of this Act; andrecoverable as if it were payable under a county court order.

(2) The Lord Chancellor may by order make provision—

(a) for warrants of execution in respect of Part II debts, or such class or classes of Part II debts as may be specified in the order, to be executed by certificated bailiffs;

(b) as to the requirements which must be satisfied before any person takes, with a view to enforcing the payment of—

(i) a Part II debt; or

(ii) such class or classes of Part II debts as may be so specified,

any other step of a kind specified by the order.

(3) Any such order may make such incidental and supplemental provision (including modifications of any enactment other than this Act) as the Lord Chancellor considers appropriate in consequence of the provision made by that order under subsection (2) above.

(4) The Lord Chancellor may by regulations make provision in connection with the certification of bailiffs under this section and the execution of warrants of execution by such bailiffs.

(5) The regulations may, in particular, make provision—

(a) as to the security (if any) to be required from certificated bailiffs;

(b) as to the fees and expenses payable with respect to executions by certificated bailiffs; and

(c) for the suspension or cancellation of certificates issued under this section and with respect to the effect of any such suspension or cancellation.

(6) For the purposes of this section, a person is a certificated bailiff if he is authorised to act as such by a certificate signed—

(a) by a judge assigned to a county court district; or

(b) in such circumstances as may be specified in regulations made by the Lord Chancellor, by a district judge.

(7) Any person who is not a certificated bailiff but who purports to levy a distress as such a bailiff, and any person authorising him to levy it, shall be deemed to have committed a trespass.

Application to Crown and visiting forces

79

(1) Nothing in Part II of this Act applies in relation to any vehicle which—

(a) at the relevant time is used or appropriated for use for naval, military or airforce purposes;

(b) belongs to any visiting forces (within the meaning of the Visiting Forces Act 1952); or

(2) Sections 66 and 69 to 71 of this Act apply to—

(a) vehicles in the public service of the Crown which are required to be registered under the Vehicles Excise and Registration Act 1994 (other than those which are exempted by subsection (1)(a) above); and

(b) persons in the public service of the Crown.

Financial provisions

80

Minor and consequential amendments

81

The minor and consequential amendments set out in Schedule 7 to this Act shall have effect.

Interpretation of Part II

82

(1) In this Part of this Act—

“Commissioner” means the Commissioner of Police of the Metropolis or the Commissioner of Police for the City of London;

“designated parking place” means a parking place in London which is designated as a parking place under an order made under section 6, 9 or 45 of the Road Traffic Regulation Act 1984;

“the Director” means the Traffic Director for London appointed under section 52 of this Act;

“GLA road” (subject to subsection (1C) below) has the same meaning as in the Highways Act 1980 (see sections 329(1) and 14D(1) of that Act);

“GLA side road” has the same meaning as in the Road Traffic Regulation Act 1984 (see sections 124A(9) and section 142(1) of that Act;

“immobilisation device” has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984;

“the Joint Committee” has the meaning given by section 73(1) of this Act;

“local plan” has the meaning given in section 54(1) of this Act;

“local plan timetable” has the meaning given in section 54(7)(e) of this Act;

“London” means the area comprising the areas of the London boroughs, the City of London and the Temples;

“London authority” means—as respects parking, or any matter connected with or relating to parking, on a GLA road (except in a designated parking place for which a London borough council or the Common Council of the City of London is the local authority by virtue of section 45(7) of the Road Traffic Regulation Act 1984), Transport for London;as respects parking, or any matter connected with or relating to parking,in a parking place such as is referred to in paragraph (a) above;on any road other than a GLA road or a trunk road,any council of a London borough or the Common Council of the City of London;

“London local authority” means any council of a London borough or the Common Council of the City of London;

“the Mayor’s transport strategy” means the transport strategy prepared and published by the Mayor of London under section 142 of the Greater London Authority Act 1999;

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

“Minister’s trunk road local plan” has the meaning given in section 56(1);

“network plan” has the meaning given by section 53(1) of this Act;

“parking attendant” has the same meaning as in section 63A of the Road Traffic Regulation Act 1984 (which is inserted by section 44 of this Act);

“penalty charge” has the same meaning as in section 66 of this Act;

“prescribed” means prescribed by regulations made by the Secretary of State;

“priority route” means a road designated by a priority route order;

“priority route order” has the meaning given in section 50(1) of this Act;

“priority route network” has the meaning given in section 50(2) of this Act;

“road” has the same meaning as in the Road Traffic Regulation Act 1984;

“the Secretary of State’s parking guidance” has the meaning given in section 63(1) of this Act;

“the Secretary of State’s traffic management guidance” has the meaning given in section 51(1) of this Act;

“trunk road” has the same meaning as in section 10 of the Highways Act 1980;

“trunk road local plan” has the meaning given in section 55(3) of this Act;

“vehicle hiring agreement” and “vehicle-hire firm” have the same meanings as in section 66 of the Road Traffic Offenders Act 1988 (hired vehicles).

(1A) Any functions conferred or imposed on the Greater London Authority by or under this Part of this Act shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.

(1B) Subsection (1A) above does not apply in relation to any function expressly conferred or imposed on, or made exercisable by, the London Assembly.

(1C) In this Part of this Act, any reference to a GLA road includes a reference to a GLA side road.

(2) For the purposes of this Part of this Act, the owner of a vehicle shall be taken to be the person by whom the vehicle is kept.

(3) In determining, for the purposes of this Part of this Act, who was the owner of a vehicle at any time, it shall be presumed that the owner was the person in whose name the vehicle was at that time registered under the Vehicles Excise and Registration Act 1994.

(4) Section 28 of the Chronically Sick and Disabled Persons Act 1970 (power to define “disability” and other expressions) shall apply in relation to this Part of this Act as it applies to that Act.

(5) In determining, for the purposes of any provision of this Part of this Act, whether a penalty charge has been paid before the end of a particular period, it shall be taken to be paid when it is received by the London authority concerned.

(6) Any power to make an order or regulations conferred by this Part on a Minister of the Crown shall be exercisable by statutory instrument.

(7) Any statutory instrument made under this Part of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Part III — Supplementary

Repeals

83

The enactments mentioned in Schedule 8 to this Act (which include enactments which are spent) are hereby repealed to the extent specified in the third column of that Schedule.

Commencement

84

(1) The preceding sections of, and the Schedules to, this Act shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument; and different days may be appointed for different purposes and in respect of different areas.

(2) An order under subsection (1) above may make such transitional provision as appears to the Secretary of State to be necessary or expedient.

Expenses

85

Any expenditure incurred by the Secretary of State under or by virtue of this Act shall be payable out of money provided by Parliament.

Extent

86

Except in so far as it amends any enactment extending there, this Act does not extend to Northern Ireland.

Short title

87

This Act may be cited as the Road Traffic Act 1991.

SCHEDULE 1

1

Schedule 1 to the Road Traffic Offenders Act 1988 (procedural requirements applicable in relation to certain offences) shall be amended as follows.

2

After paragraph 1 there shall be inserted—

(1A) Section 1 also applies to— (a) an offence under section 16 of the Road Traffic Regulation Act 1984 consisting in the contravention of a restriction on the speed of vehicles imposed under section 14 of that Act, (b) an offence under subsection (4) of section 17 of that Act consisting in the contravention of a restriction on the speed of vehicles imposed under that section, and (c) an offence under section 88(7) or 89(1) of that Act (speeding offences).

3

In paragraph 2, at the beginning of sub-paragraph (c) there shall be inserted the word “ to ”.

4

The Table in that Schedule shall be amended as follows.

5

In the entries relating to sections 1 and 2 of the Road Traffic Act 1988 (reckless driving offences) in column 2, for the word “reckless” there shall be substituted the word “ dangerous ”.

6

After the entry relating to section 3 of that Act there shall be inserted—

RTA section 3A	Causing death by careless driving when under influence of drink or drugs.	Section 11 of this Act.

7

In the entry relating to section 4 of that Act (driving a motor vehicle when unfit through drink or drugs etc) in column 2, for the words “motor vehicle” there shall be substituted the words “ mechanically propelled vehicle ”.

8

In the entry relating to section 28 of that Act (reckless cycling) in column 2, for the word “reckless” there shall be substituted the word “ dangerous ”.

9

After the entry relating to section 36 of that Act there shall be inserted—

RTA section 40A	Using vehicle in dangerous condition etc.	Sections 11 and 12(1) of this Act.
RTA section 41A	Breach of requirement as to brakes, steering-gear or tyres.	Sections 11 and 12(1) of this Act.
RTA section 41B	Breach of requirement as to weight: goods and passenger vehicles.	Sections 11 and 12(1) of this Act.

10

In the entry relating to section 42 of that Act, for the words in column 2 there shall be substituted the words “ Breach of other construction and use requirements ”.

11

In the entry relating to section 71 of that Act (driving goods vehicle in contravention of prohibition etc) in column 2, the word “goods” in each place where it occurs shall be omitted.

12

In the entries relating to sections 87(1) and 87(2) of that Act (driving without a licence etc) in column 2, for the word “without” there shall be substituted the words “ otherwise than in accordance with ”.

13

After the entry relating to section 87(2) of that Act there shall be inserted—

RTA section 92(10)	Driving after making false declaration as to physical fitness.	Sections 6, 11 and 12(1) of this Act.

14

In the entry relating to section 94 of that Act (failure to notify Secretary of State about disability etc) in column 1, for the words “Section 94” there shall be substituted the words “ Section 94(3) ”.

15

After that entry there shall be inserted—

RTA section 94(3A)	Driving after such a failure.	Sections 6, 11 and 12(1) of this Act.
RTA section 94A	Driving after refusal of licence under section 92(3) or revocation under section 93.	Sections 6, 11 and 12(1) of this Act.

16

In the entry relating to section 164(6) of that Act (failing to produce driving licence to constable etc) in column 2 for the words “to constable” there shall be substituted the word “ etc ”.

17

In the entry relating to section 174(1) or (6) of that Act (false statements etc), in column 1, for “(6)” there shall be substituted “ (5) ”.

SCHEDULE 2

1

Part I of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences) shall be amended as follows.

2

In the entry relating to section 16(1) of the Road Traffic Regulation Act 1984 (contravention of temporary prohibition or restriction) in columns 5 to 7 there shall be inserted—

Discretionary if committed in respect of a speed restriction.	Obligatory if committed in respect of a speed restriction.	3-6 or 3 (fixed penalty)

3

In the entry relating to section 17(4) of that Act (use of special road contrary to scheme or regulations), in column 7, for “3” there shall be substituted “ 3-6 or 3 (fixed penalty) if committed in respect of a speed restriction, 3 in any other case. ”

4

In the entry relating to section 89(1) of that Act (exceeding speed limit) in column 7, for “3” there shall be substituted “ 3-6 or 3 (fixed penalty) ”.

5

In the entry relating to section 1 of the Road Traffic Act 1988 (causing death by reckless driving)—

(a) in column 2 for the word “reckless” there shall be substituted the word “ dangerous ”, and

(b) in column 7 for “4” there shall be substituted “ 3-11 ”.

6

In the entry relating to section 2 of that Act (reckless driving)—

(a) in column 2, for the word “Reckless” there shall be substituted the word “ Dangerous ”;

(b) for the words in column 5 there shall be substituted the word “ Obligatory ”; and

7

After the entry relating to section 3 of that Act there shall be inserted—

RTA section 3A	Causing death by careless driving when under influence of drink or drugs.	On indictment.	5 years or a fine or both.	Obligatory.	Obligatory.	3-11

8

In the entry relating to section 4(1) of that Act (driving or attempting to drive when unfit through drink or drugs) in column 7 for “4” there shall be substituted “ 3-11 ”.

9

In the entry relating to section 4(2) of that Act (being in charge of a motor vehicle when unfit to drive) in column 2, for the words “motor vehicle” there shall be substituted the words “ mechanically propelled vehicle ”.

10

In the entry relating to section 5(1)(a) of that Act (driving or attempting to drive with excess alcohol in breath, blood or urine) in column 7 for “4” there shall be substituted “ 3-11 ”.

11

In the entry relating to section 7 of that Act (failing to provide specimen for analysis or laboratory test) in column 7 for the words “4 in case” there shall be substituted the words “ 3-11 in case ”.

12

In the entry relating to section 12 of that Act (motor racing and speed trials on public ways) in column 7 for “4” there shall be substituted “ 3-11 ”.

13

After the entry relating to section 22 of that Act there shall be inserted—

RTA section 22A.	Causing danger to road-users.	(a) Summarily.	(a) 6 months or the statutory maximum or both.
		On indictment.	(b) 7 years or a fine or both.

14

In the entry relating to section 23 of that Act (carrying passenger on motor-cycle contrary to that section), in column 7, for “1” there shall be substituted “ 3 ”.

15

In the entry relating to section 28 of that Act (dangerous cycling)—

(a) in column 2 for the word “reckless” there shall be substituted the word “ dangerous ”; and

(b) in column 4, for the words “Level 3” there shall be substituted the words “ Level 4 ”.

16

In the entry relating to section 29 of that Act (careless and inconsiderate cycling), in column 4, for the words “Level 1” there shall be substituted the words “ Level 3 ”.

17

For the entry relating to section 42 of that Act (contravention of construction and use regulations) there shall be substituted—

RTA Section 40A	Using vehicle in dangerous condition etc.	Summarily.	(a) Level 5 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than eight passengers.	Discretionary.	Obligatory.	3
			(b) Level 4 on the standard scale in any other case.
RTA section 41A	Breach of requirement as to brakes, steering-gear or tyres.	Summarily.	(a) Level 5 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than eight passengers.	Discretionary.	Obligatory.	3
			(b) Level 4 on the standard scale in any other case.
RTA section 41B	Breach of requirement as to weight: goods and passenger vehicles.	Summarily.	Level 5 on the standard scale.
RTA section 42	Breach of other construction and use requirements.	Summarily.	(a) Level 4 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than eight passengers.
			(b) Level 3 on the standard scale in any other case.

18

In the entries relating to section 68 and 71 of that Act, in column 2, the word “goods” in each place where it occurs shall be omitted.

19

For the entry relating to section 87(1) of that Act (driving without a licence) there shall be substituted—

RTA section 87(1)	Driving otherwise than in accordance with a licence.	Summarily.	Level 3 on the standard scale.	Discretionary in a case where the offender’s driving would not have been in accordance with any licence that could have been granted to him.	Obligatory in the case mentioned in column 5.	3-6

20

In the entry relating to section 87(2) of that Act (causing or permitting to drive without a licence), in column 2 for the word “without” there shall be substituted the words “ otherwise than in accordance with ”.

21

After the entry relating to section 92(7C) of that Act there shall be inserted—

RTA section 92(10)	Driving after making false declaration as to physical fitness.	Summarily.	Level 4 on the standard scale.	Discretionary.	Obligatory.	3-6

22

In the entry relating to section 94 of that Act (failure to notify Secretary of State about disability etc) for the words “Section 94” there shall be substituted the words “ Section 94(3) ”.

23

After that entry there shall be inserted—

RTA section 94(3A)	Driving after such a failure.	Summarily.	Level 3 on the standard scale.	Discretionary.	Obligatory.	3-6
RTA section 94A	Driving after refusal of licence under section 92(3) or revocation under section 93.	Summarily.	6 months or level 5 on the standard scale or both.	Discretionary.	Obligatory.	3-6

24

In the entry relating to section 96 of that Act (driving with uncorrected defective eyesight or refusing to submit to test of eyesight) in column 7 for “2” there shall be substituted “ 3 ”.

25

In the entry relating to section 103(1)(b) of that Act (obtaining licence, or driving, while disqualified) for the words in column 7 there shall be substituted “ 6 ”.

26

In the entry relating to section 143 of that Act (using vehicle while uninsured or unsecured against third-party risks) in column 4 for the words “Level 4” there shall be substituted the words “ Level 5 ”.

27

In the entry relating to section 164 of that Act (failing to produce driving licence to constable etc) in column 2 for the words “to constable” there shall be substituted the word “ etc ”.

28

In the entry relating to section 165 of that Act (failing to give constable certain information or to produce documents) the word “constable” shall be omitted.

29

In the entry relating to section 170(4) of that Act (failing to stop after accident or give particulars or report accident)—

(a) for the words in column 4 there shall be substituted “ Six months or level 5 on the standard scale or both ”; and

(b) in column 7 for “8-10” there shall be substituted “ 5-10 ”.

30

In the entry relating to section 172 of that Act (failure of person keeping vehicle and others to give police information as to identity of driver etc in the case of certain offences) the following shall be inserted in columns 5 to 7—

				Discretionary, if committed otherwise than by virtue of subsection (5) or (11).	Obligatory, if committed otherwise than by virtue of subsection (5) or (11).	3

31

In the entry relating to section 178 of that Act (taking etc in Scotland a motor vehicle without authority), the entries in columns 6 and 7 shall be omitted.

32

(1) Part II of Schedule 2 to the Road Traffic Offenders Act 1988 (disqualification and endorsement in relation to manslaughter, certain offences of theft etc) shall be amended as follows.

(2) In the entry relating to manslaughter or culpable homicide, in column 4 for “4” there shall be substituted “ 3-11 ”.

(3) The entries in columns 3 and 4 relating to stealing or attempting to steal a motor vehicle or to section 12 or 25 of the Theft Act 1968 shall be omitted.

SCHEDULE 3

Permitted parking areas

1

(1) Where an application for an order under this sub-paragraph is made to the Secretary of State—

(a) with respect to the whole, or any part, of their area, by a county council in England . . .;

(aa) with respect to the whole, or any part, of their area, by a county council or county borough council in Wales;

(b) with respect to the whole of their area, by a metropolitan district council;

(d) with respect to the whole, or any part, of their area, by a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in Scotland;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or

(f) with respect to the whole, or any part, of the Isles of Scilly, by the Council of the Isles of Scilly,

he may make an order designating the whole, or any part, of the area to which the application relates as a permitted parking area.

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

(3) Before making an order under sub-paragraph (1) above, the Secretary of State shall consult the appropriate chief officer of police.

(4) While an order under sub-paragraph (1) above is in force, the following provisions shall cease to apply in relation to the permitted parking area designated by the order—

(a) section 35A(1) of the Road Traffic Regulation Act 1984 (offences), so far as it relates to the contravention of, or non-compliance with, any provision of an order made under section 35 of that Act (use of parking places) in relation to parking places provided under section 32(1)(b) of that Act (power of local authorities to provide free parking places on roads); . . .

(ab) section 35A(1) of the Act of 1984 (offences), so far as it relates to the contravention of, or non-compliance with any other provision of any order made under section 35 of that Act (use of parking places) applying in relation to a stationary vehicle.

(b) section 47(1) of the Act of 1984 (offences) in so far as it applies in relation to any designated parking place.

(c) subsections (5) and (6) of section 53 of the Act of 1984 so far as those subsections apply in relation to stationary vehicles.

(5) The Secretary of State may by order amend sub-paragraph (4) above by adding further provisions (but only in so far as they apply in relation to stationary vehicles).

(6) Before making an order under sub-paragraph (5) above, the Secretary of State shall consult—

(a) the chief constable of the Police Service of Scotland; and

(b) such associations of local authorities (if any),

as he considers appropriate.

Special parking areas

2

(1) Where an application for an order under this sub-paragraph is made to the Secretary of State—

(a) with respect to the whole, or any part, of their area, by a county council in England . . .;

(aa) with respect to the whole, or any part, of their area, by a county council or county borough council in Wales;

(b) with respect to the whole, or any part, of their area, by a metropolitan district council;

(c) with respect to the whole, or any part, of their area, by a council constituted under section 2 of th Local Government etc. (Scotland) Act 1994 in Scotland; or

(d) with respect to the whole, or any part, of the Isles of Scilly, by the Council of the Isles of Scilly,

he may make an order designating the whole, or any part, of the area to which the application relates as a special parking area.

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

(3) Before making an order under sub-paragraph (1) above, the Secretary of State shall consult the appropriate chief officer of police.

(4) While an order under sub-paragraph (1) above is in force, the following provisions shall cease to apply in relation to the special parking area designated by the order—

(a) section 5 of the Road Traffic Regulation Act 1984 (contravention of a traffic regulation order under section 1 of that Act to be an offence), so far as it relates to the contravention of any provision of such an order prohibiting or restricting the waiting, or the loading and unloading, of vehicles;

(b) section 11 of the Act of 1984 (contravention of, or failure to comply with, experimental traffic order under section 9 of that Act), so far as it relates to the contravention of, or failure to comply with, any provision of such an order prohibiting or restricting the waiting, or the loading and unloading, of vehicles;

(baa) section 16C of the Road Traffic Regulation Act 1984 (contravention of order under section 16A of that Act to be an offence) so far as it applies in relation to stationary vehicles;

(ba) section 16(1) of the Act of 1984 (contravention of temporary orders under section 14 of that Act to be an offence) so far as it relates to the contravention of any provision of an order or notice under section 14 of that Act prohibiting or restricting the waiting, or the loading and unloading, of vehicles;

(bb) section 61(5) of the Act of 1984 (prohibition of vehicles in loading areas) so far as it applies in relation to stationary vehicles;.

(bc) section 62(5) of the Roads (Scotland) Act 1984 (contravention of order under subsection (1) of that section to be an offence) so far as it applies in relation to stationary vehicles;

(c) section 129(6) of the Roads (Scotland) Act 1984 (parking of a motor vehicle wholly or partly on a cycle track to be an offence);

(d) section 19 of the Road Traffic Act 1988 (parking of heavy vehicles on verges, central reservations and footpaths etc. to be an offence);

(e) section 21 of the Act of 1988 (prohibition of driving or parking on cycle tracks), so far as it makes it an offence to park a motor vehicle wholly or partly on a cycle track;

(f) section 36(1) of the Act of 1988 (failure to comply with traffic signs), so far as it makes it an offence to fail to comply with an indication given by a traffic sign of a prohibition on causing a vehicle to stop on part of a road in England (but not in London) demarcated by that sign as a stopping area for a bus.

(f) section 36(1) of the Act of 1988 (drivers to comply with traffic signs), so far as it makes it an offence to fail to comply with an indication given by a traffic sign of a prohibition on causing a vehicle to stop on part of a road demarcated by that sign as a stopping area for a bus.

(5) The Secretary of State may by order amend sub-paragraph (4) above by adding further provisions (but only in so far as they apply in relation to stationary vehicles).

(6) Before making an order under sub-paragraph (5) above, the Secretary of State shall consult—

(a) the chief constable of the Police Service of Scotland; and

(b) such associations of local authorities (if any);

as he considers appropriate.

Control of parking in permitted and special parking areas

3

(1) This paragraph applies in relation to any vehicle which is stationary in a permitted parking area, or special parking area, in circumstances in which an offence would have been committed with respect to the vehicle but for paragraph 1 or (as the case may be) paragraph 2 above.

(2) A penalty charge shall be payable with respect to the vehicle, by the owner of the vehicle.

(3) An order under paragraph 1 or 2 above designating a permitted parking area, or special parking area, may—

(a) provide for such provisions of Part II of this Act as the Secretary of State considers appropriate to apply, with such modifications (if any) as he considers appropriate, in relation to the permitted or special parking area in question; and

(b) make such modifications of any enactment, including any provision of this Act, as the Secretary of State considers appropriate in consequence of the provisions of paragraph 1 or 2 above, this paragraph or the order.

Orders under this Schedule

4

(1) Any power to make an order conferred by this Schedule shall be exercisable by statutory instrument.

(2) Any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

SCHEDULE 4

The Transport Act 1968 (c. 73)

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

In section 99(8) of that Act (inspection of records), for the words from “a certifying” to “1988” there shall be substituted the words “ an examiner appointed under section 66A of the Road Traffic Act 1988 ”.

The Chronically Sick and Disabled Persons Act 1970 (c. 44)

3

In section 20(1) of the Chronically Sick and Disabled Persons Act 1970, in paragraph (b) (certain invalid carriages to be treated as not being motor vehicles for the purposes of the Road Traffic Act 1988 etc)—

(a) after the words “Road Traffic Act 1988” there shall be inserted the words “ , except section 22A of that Act (causing danger to road users by interfering with motor vehicles etc), ”, and

(b) at the end of the paragraph there shall be added the words “ and sections 1 to 4, 163, 170 and 181 of the Road Traffic Act 1988 shall not apply to it ”.

The Vehicles (Excise) Act 1971 (c. 10)

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Road Traffic (Foreign Vehicles) Act 1972 (c. 27)

6

In section 1 of the Road Traffic (Foreign Vehicles) Act 1972 (power to prohibit driving of foreign goods vehicle) in subsection (6)(a) for sub-paragraphs (i) to (iii) there shall be substituted the words “ section 40A of the Road Traffic Act 1988 (using vehicle in dangerous condition etc) or regulations under section 41 of that Act (construction, weight, equipment etc of motor vehicles and trailers), ”.

7

In section 2(3B) of that Act (provisions supplementary to section 1) for “72(9)” there shall be substituted “ 72A ”.

8

In section 7(1) of that Act (interpretation)—

(a) in the definition of “examiner”, for the words following “means” there shall be substituted the words “ an examiner appointed under section 66A of the Road Traffic Act 1988, or a constable authorised to act for the purposes of this Act by or on behalf of a chief officer of police ”, and

(b) in the definition of “official testing station” for “72(8)” there shall be substituted “ 72A ”.

9

In Schedule 2 to that Act (provisions relating to vehicles and their drivers) after the entry relating to section 100 of the Transport Act 1968 there shall be inserted the following entry—

Section 40A of the Road Traffic Act 1988.	To create offence of using motor vehicle or trailer in dangerous condition etc.

The International Road Haulage Permits Act 1975 (c. 46)

10

In section 1(9) of the International Road Haulage Permits Act 1975 in the definition of “examiner” for the words “section 68(1)” there shall be substituted the words “ section 66A ”.

The Highways Act 1980 (c. 66)

11

In section 42 of the Highways Act 1980 (power of district councils to maintain certain highways) in subsection (2)(c)(ii) for the words “under section 84 of that Act imposing a special limit” there shall be substituted the words “ made by virtue of section 84(1)(a) of that Act imposing a speed limit ”.

12

In each of sections 90A(1) and 90B(1) of that Act (construction of road humps) at the beginning of paragraph (b) there shall be inserted the words “ (whether or not the highway is subject to such a limit) ”.

13

In section 90F(2) of that Act (interpretation) for the definition of “statutory” there shall be substituted—

“statutory speed limit” means a speed limit having effect by virtue of an enactment other than section 84(1)(b) or (c) of the Road Traffic Regulation Act 1984 (temporary and variable speed limits).

The Public Passenger Vehicles Act 1981 (c. 14)

14

In section 6(1)(a) of the Public Passenger Vehicles Act 1981 (certificates of fitness etc), for the words “a certifying officer” there shall be substituted the words “ an examiner appointed under section 66A of the Road Traffic Act 1988 ”.

15

In section 10(2) of that Act (approval of type vehicle), for the words “the certifying officer” there shall be substituted the words “ an examiner appointed under section 66A of the Road Traffic Act 1988 ”.

16

(1) Section 51 of that Act (appeals to Secretary of State) shall be amended as follows.

(2) In subsection (1) for the words “a certifying officer” there shall be substituted the words “ an examiner ”.

(3) In subsection (4) for the words “the certifying officer” in each place where they occur there shall be substituted the words “ the examiner ”.

The Criminal Justice Act 1982 (c. 48)

17

In Part II of Schedule 1 to the Criminal Justice Act 1982 (offences excluded from Secretary of State’s power to make orders concerning the early release of prisoners)—

(a) in the entry relating to section 1 of the Road Traffic Act 1988, for the word “reckless” there shall be substituted the word “ dangerous ”, and

(b) after that entry there shall be inserted— “ Section 3A (causing death by careless driving when under the influence of drink or drugs). ”

The Transport Act 1982 (c. 49)

18

(1) Section 9 of the Transport Act 1982 (private sector vehicle testing: the testing and surveillance functions) shall be amended as follows.

(2) Under the cross-heading “Functions under the 1988 Act”—

(a) for the paragraph beginning “The power of entry”, there shall be substituted— “ The power of entry, inspection and detention of vehicles under section 68, but only in relation to vehicles brought to the place of inspection in pursuance of a direction given by a vehicle examiner or a constable under subsection (3) of that section. ”,

(b) in the following paragraph, after “69” there shall be inserted “ 69A, ”, and for the word “goods vehicles” there shall be substituted the word “ vehicles ”.

(3) Under the cross-heading “Functions under the 1981 Act”, the paragraph beginning “Any functions under section 9” shall be omitted.

19

(1) Section 10 of that Act (private sector vehicle testing: supplementary) shall be amended as follows.

(2) For subsection (3) there shall be substituted—

(3) The words “or an authorised inspector” shall be inserted— (a) in sections 51(1)(b) and 61(2)(a) of the 1988 Act, after the words “a vehicle examiner”, and (b) in section 6(1)(a) and 10(2) of the 1981 Act, after the words “Act 1988”; and the words “or authorised inspector” shall be inserted after the word “examiner” wherever occurring in section 69 of the 1988 Act.

(3) In subsection (6) for “68(3)” there shall be substituted “ 68(1) ”, and for “(4)” there shall be substituted “ (3) ”.

(4) In subsection (9), in subsection (2A) to be inserted in section 20 of the Public Passenger Vehicles Act 1981, for the words “public service vehicle examiner” there shall be substituted the words “ an examiner appointed under section 66A of the Road Traffic Act 1988 ”.

(5) In subsection (10) for the words from “certifying officer” to “goods vehicle examiner” there shall be substituted the words “ vehicle examiner ”.

20

For section 20 of that Act (substitution of new section for section 72 of the 1988 Act) there shall be substituted—

(20) In section 72 of the 1988 Act (removal of prohibitions) after the word “constable” in each place where it occurs in subsections (1), (5) and (7), there shall be inserted the words “or authorised inspector”.

23

In section 26 of that Act (interpretation) for the definition of “goods vehicle examiner” there shall be substituted— “ “vehicle examiner” means an examiner appointed under section 66A of the 1988 Act. ”

The Road Traffic Regulation Act 1984 (c. 27)

24

In section 9 of the Road Traffic Regulation Act 1984 (experimental traffic orders) in subsection (1)(b), as substituted by the New Roads and Street Works Act 1991, for the words “83(2) or 84” there shall be substituted the words “ or 83(2) or by virtue of section 84(1)(a) ”.

25

In section 17(2) of that Act (traffic regulation on special roads) at the end there shall be added—

(d) include provisions having effect in such places, at such times, in such manner or in such circumstances as may for the time being be indicated by traffic signs in accordance with the regulations.

26

In section 44 of that Act (control of off-street parking outside Greater London) in subsection (5) for the words “under section 84” there shall be substituted the words “ made by virtue of section 84(1)(a) ”.

27

In section 49 of that Act (supplementary provisions as to designation orders and designated parking places), after subsection (4) there shall be inserted the following subsection—

(4A) A constable, or a person acting under the instructions (whether general or specific) of the chief officer of police, may suspend the use of a parking place designated under section 45 of this Act for not more than 7 days in order to prevent or mitigate congestion or obstruction of traffic, or danger to or from traffic, in consequence of extraordinary circumstances.

28

In section 51 of that Act (parking devices), in subsection (5) the words “being not less than 2 years” shall be omitted.

29

In section 65 of that Act (powers and duties of highway authorities as to placing of traffic signs) after subsection (1) there shall be inserted—

(1A) The power to give general directions under subsection (1) above includes power to require equipment used in connection with traffic signs to be of a type approved in accordance with the directions.

30

In section 85 of that Act (traffic signs for indicating speed restrictions) in subsections (1) and (2)(a) the words “the prescribed” shall be omitted.

31

(1) Section 96 of that Act (additional powers of traffic wardens) shall be amended as follows.

(2) In subsection (2) at the end of paragraph (b) there shall be inserted—

(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);

(3) At the end of that section there shall be added—

(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.

32

At the end of section 99 of that Act (removal of vehicles illegally parked) there shall be inserted—

(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.

33

In section 103 of that Act (supplementary provision as to removal of vehicles), for subsection (3) there shall be substituted—

(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.

34

(1) Section 104 of that Act (immobilisation of vehicles illegally parked) shall be amended as follows.

(2) In subsection (3) for the word “constable” there shall be substituted the words “ person authorised to give such a direction by the chief officer of police within whose area the vehicle in question was found ”.

(3) In subsection (12) there shall be added at the end “ or classes of case or in respect of different areas ”.

35

At the end of section 104 of that Act (immobilisation of vehicles illegally parked) there shall be inserted—

(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.

36

(1) Section 105 of that Act (exemptions from section 104) shall be amended as follows.

(2) In subsection (6)(a), for the words from “either” to “use) of” there shall be substituted the words “ in accordance with regulations under ”.

(3) In subsection (6)(b), for “117(2)(b)” there shall be substituted “ 117(1)(b) ”.

37

In paragraph 13 of Schedule 9 to that Act (consent of Secretary of State before local authority make certain orders), after sub-paragraph (1)(d)(ii) there shall be inserted—

(iii) a provision imposing a prohibition by virtue of paragraph (b) or (c) of that subsection, or

The Roads (Scotland) Act 1984 (c. 54)

38

(1) In section 36 of the Roads (Scotland) Act 1984 (construction of road humps by roads authority) at the beginning of paragraph (b) there shall be inserted the words “ (whether or not the road is subject to such a limit) ”.

(2) In section 40 of that Act (interpretation of sections 36 to 39) at the end of the definition of “statutory” there shall be added the words “ other than section 84(1)(b) or (c) of the Road Traffic Regulation Act 1984 (temporary and variable speed limits) ”.

The Police and Criminal Evidence Act 1984 (c. 60)

39

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Coroners Act 1988 (c. 13)

40

In section 16 of the Coroners Act 1988 (adjournment of inquest in certain cases) in subsection (1)(a)(ii) for the words from “section” to “driving)” there shall be substituted the words “ section 1 or 3A of the Road Traffic Act 1988 (dangerous driving or careless driving when under the influence of drink or drugs) ”.

41

In section 17 of that Act (supplementary provisions) in subsections (1)(b) and (2)(b) for the words from “section” to “driving)” there shall be substituted the words “ section 1 or 3A of the Road Traffic Act 1988 (dangerous driving or careless driving when under the influence of drink or drugs) ”.

The Road Traffic Act 1988 (c. 52)

42

In section 7 of the Road Traffic Act 1988 (provision of specimens for analysis)—

(a) in subsection (1) for the words “section 4” there shall be substituted the words “ section 3A, 4 ”, and

(b) in subsection (3)(c) for the words “section 4” there shall be substituted the words “ section 3A or 4 ”.

43

In section 10 of that Act (detention of persons affected by alcohol or a drug) in subsections (1) and (2) for the words “motor vehicle” in each place where they occur there shall be substituted the words “ mechanically propelled vehicle ”.

44

In section 11(1) of that Act (interpretation), for “4” there shall be substituted “ 3A ”.

45

In section 12 of that Act (motor racing on public ways), in subsection (2) for the words “public highway” there shall be substituted the word “ highway ”.

46

In section 13 of that Act (regulation of motoring events on public ways), in subsection (4) for the words “public highway” there shall be substituted the word “ highway ”.

47

In section 14 of that Act (seat belts: adults) in subsection (2)(b)(i) for the word “addresses” there shall be substituted the word “ addressees ”.

48

In section 22 of that Act (leaving vehicles in dangerous positions) for the words “be likely to cause danger” there shall be substituted the words “ involve a danger of injury ”.

49

In section 31 of that Act (regulation of cycle racing on public ways) for subsection (6) there shall be substituted—

(6) In this section “public way” means, in England and Wales, a highway, and in Scotland, a public road but does not include a footpath.

50

(1) Section 41 of that Act (regulation of construction, weight, equipment and use of vehicles) shall be amended as follows.

(2) In subsection (2) at the end of paragraph (e) there shall be added the words “ (by means of the fixing of plates or otherwise) and the circumstances in which they are to be marked, ”.

(3) In subsection (2) after paragraph (j) there shall be inserted—

(jj) speed limiters,

(4) After subsection (4) there shall be inserted—

(4A) Regulations under this section with respect to speed limiters may include provision— (a) as to the checking and sealing of speed limiters by persons authorised in accordance with the regulations and the making of charges by them, (b) imposing or providing for the imposition of conditions to be complied with by authorised persons, (c) as to the withdrawal of authorisations.

51

In section 44(1) of that Act (authorisation of use on roads of special vehicles not complying with regulations under section 41) for the words from “and nothing” to “prevent” there shall be substituted the words “ and sections 40A to 42 of this Act shall not apply in relation to ”.

52

(1) Section 45 of that Act (tests of satisfactory condition of vehicles) shall be amended as follows.

(2) In subsection (1), for the words “prescribed statutory requirements” onwards there shall be substituted the words

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