Traffic Management Act 2004

• (1) In a special enforcement area a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where—

• (a) the footway, cycle track or verge has been lowered to meet the level of the carriageway for the purpose of—

• (i) assisting pedestrians crossing the carriageway,

• (ii) assisting cyclists entering or leaving the carriageway, or

• (iii) assisting vehicles entering or leaving the carriageway across the footway, cycle track or verge; or

• (b) the carriageway has, for a purpose within paragraph (a)(i) to (iii), been raised to meet the level of the footway, cycle track or verge.

This is subject to the following exceptions.

• (2) The first exception is where the vehicle is parked wholly within a designated parking place or any other part of the carriageway where parking is specifically authorised.

A “designated parking place” means a parking place designated by order under section 6, 9, 32(1)(b) or 45 of the Road Traffic Regulation Act 1984 (c. 27).

• (3) The second exception is where the vehicle is parked outside residential premises by or with the consent (but not consent given for reward) of the occupier of the premises.

This exception does not apply in the case of a shared driveway.

• (4) The third exception is where the vehicle is being used —

• (a) for fire brigade or police purposes, or

• (b) for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service.

• “An NHS ambulance service” means—an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services;an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services;the Scottish Ambulance Service Board.

• (5) The fourth exception is where—

• (a) the vehicle is being used for the purposes of delivering goods to, or collecting goods from, any premises, or is being loaded from or unloaded to any premises,

• (b) the delivery, collection, loading or unloading cannot reasonably be carried out in relation to those premises without the vehicle being parked as mentioned in subsection (1), and

• (c) the vehicle is so parked for no longer than is necessary and for no more than 20 minutes.

• (6) The fifth exception is where—

• (a) the vehicle is being used in connection with any of the following—

• (i) undertaking any building operation, demolition or excavation,

• (ii) the collection of waste by a local authority,

• (iii) removing an obstruction to traffic,

• (iv) undertaking works in relation to a road, a traffic sign or road lighting, or

• (v) undertaking works in relation to a sewer or water main or in relation to the supply of gas, electricity, water or communications services,

• (b) it cannot be so used without being parked as mentioned in subsection (1), and

• (c) it is so parked for no longer than is necessary.

• (7) In this section “carriageway”, “cycle track” and “footway” have the meanings given by section 329(1) of the Highways Act 1980 (c. 66).

• (8) References in this section to parking include waiting, but do not include stopping where—

• (a) the driver is prevented from proceeding by circumstances beyond his control or it is necessary for him to stop to avoid an accident, or

• (b) the vehicle is stopped, for no longer than is necessary, for the purpose of allowing people to board or alight from it.

• (9) The prohibition in this section is enforceable as if imposed—

• (a) in Greater London, by an order under section 6 of the Road Traffic Regulation Act 1984 (c. 27),

• (b) elsewhere in England and Wales, by an order under section 1 of that Act.

• (10) In this section “ local authority ” includes a non-metropolitan district council.

Supplementary

Guidance to local authorities

87

• (1) The appropriate national authority may publish guidance to local authorities about any matter relating to their functions in connection with the civil enforcement of traffic contraventions.

• (2) In exercising those functions a local authority must have regard to any such guidance.

• (3) In this section “ local authority ” includes a non-metropolitan district council.

Power to prohibit use of devices etc: parking contraventions in England

87A

• (1) The Secretary of State may by regulations make provision to prohibit the use by civil enforcement officers of a device of a description specified in the regulations, or of records produced by such a device, in connection with the enforcement of parking contraventions on a road in a civil enforcement area in England.

• (2) The prohibition may be—

• (a) general, or

• (b) limited to particular uses specified in the regulations.

• (3) The regulations may provide that a general or limited prohibition does not apply in circumstances specified in the regulations (which may be framed by reference to the type of contravention, the circumstances in which a contravention occurs or in any other way).

• (4) Regulations under this section may amend this Part or any provision made under it.

Financial provisions

88

• (1) The appropriate national authority may make provision by regulations—

• (a) requiring the keeping of accounts, and the preparation and publication of statements of account, of the income and expenditure of enforcement authorities in connection with their functions under this Part, and

• (b) as to the purposes for which any surpluses may be applied.

• (2) The regulations may provide—

• (a) for separate accounts to be kept in respect of an authority's functions in relation to different descriptions of contravention, and

• (b) for accounts to be kept in respect of an authority's income and expenditure in respect of functions under this Part and such other functions as may be specified in the regulations.

• (3) The regulations may provide that section 55 of the Road Traffic Regulation Act 1984 (financial provisions relating to income and expenditure from parking places) applies in relation to income and expenditure of enforcement authorities in connection with their functions under this Part of this Act in relation to parking contraventions, subject to such modifications as may be specified in the regulations.

• (4) The regulations may provide for carrying forward a surplus arising before the commencement of this Part on an account kept under—

• (a) section 55 of the Road Traffic Regulation Act 1984 as modified by an order under Schedule 3 to the Road Traffic Act 1991 (c. 40) (parking contraventions),

• (b) regulations under section 144 of the Transport Act 2000 (c. 38) (bus lane contraventions), or

• (c) Schedule 2 to the London Local Authorities and Transport for London Act 2003 (c. iii) (London lorry ban contraventions or moving traffic contraventions).

Regulations and orders

89

• (1) Regulations and orders under this Part may make provision for Greater London different from that made for the rest of England.

• (2) Regulations and orders under this Part made by the Lord Chancellor may make provision for Wales different from that made for England.

• (3) Regulations and orders under this Part may contain incidental, consequential or transitional provision or savings.

• (4) Regulations and orders under this Part made by a Minister of the Crown or by the National Assembly for Wales shall be made by statutory instrument.

• (5) Regulations under section 80 may not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament.

• (6) Subject to that, a statutory instrument containing regulations or an order under this Part made by a Minister of the Crown is subject to annulment in pursuance of a resolution of either House of Parliament.

Application to Crown and visiting forces

90

• (1) This Part does not apply in relation to a vehicle that—

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

• (b) belongs to any visiting forces (within the meaning of the Visiting Forces Act 1952 (c. 67)) or is at the relevant time used or appropriated for use by any such forces.

• (2) The provisions of this Part apply to—

• (a) vehicles in the public service of the Crown that are required to be registered under the Vehicle Excise and Registration Act 1994 (c. 22) (other than those exempted by subsection (1)(a) above), and

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

• (3) This Part does not apply in relation to Crown roads within the meaning of section 131 of the Road Traffic Regulation Act 1984 (c. 27) (application of road traffic enactments to Crown roads) unless applied by order under that section.

Consequential amendments

91

Schedule 11 provides for amendments consequential on the provisions of this Part.

Minor definitions

92

• (1) In this Part—

• “appropriate national authority” means—as regards England, the Secretary of State, andas regards Wales, the National Assembly for Wales;

• “approved device” means a device of a description specified in an order made by the appropriate national authority;

• “fixed penalty notice” has the meaning given by section 52(1) of the Road Traffic Offenders Act 1988 (c. 53);

• “GLA road” means—a GLA road within the meaning of the Highways Act 1980 (c. 66) (see sections 329(1) and 14D(1) of that Act), ora GLA side road within the meaning of the Road Traffic Regulation Act 1984 (c. 27) (see sections 124A(9) and 142(1) of that Act);

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

• “local authority” means—as regards England, a county council, a London authority, a metropolitan district council or the Council of the Isles of Scilly,as regards Wales, a county or county borough council;

• “London authority” means a London local authority or Transport for London;

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

• “operator”, in relation to a vehicle, means a person who holds an operator's licence in respect of the vehicle under section 2 of the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23);

• “owner”, in relation to a vehicle, means the person by whom the vehicle is kept, which in the case of a vehicle registered under the Vehicle Excise and Registration Act 1994 (c. 22) is presumed (unless the contrary is proved) to be the person in whose name the vehicle is registered;

• “penalty charge” means a penalty charge imposed under this Part;

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

• “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) (see section 21(1) of that Act);

• “traffic sign” has the meaning given by section 64 of the Road Traffic Regulation Act 1984.

• (2) Any reference in this Part to contravention of an order, or of provision made by or under an order, includes a failure to comply with the order or provision.

Index of defined expressions

93

In this Part the expressions listed below are defined or otherwise explained by the provisions indicated—

Part 7 — Miscellaneous and General

Power to inspect blue badges

94

• (1) Section 21 of the Chronically Sick and Disabled Persons Act 1970 (c. 44) (badges for display on motor vehicles used by disabled persons) is amended as follows.

• (2) In subsection (4B) after “a badge” there is inserted “ purporting to be ”.

• (3) After subsection (4B) there is inserted—

(4BA) Where it appears to a constable or enforcement officer that there is displayed on any motor vehicle a badge purporting to be of a form prescribed under this section, he may require any person who— (a) is in the vehicle, or (b) appears to have been in, or to be about to get into, the vehicle, to produce the badge for inspection. (4BB) In subsection (4BA) “enforcement officer” means— (a) a traffic warden; (b) a civil enforcement officer (within the meaning of section 76 of the Traffic Management Act 2004); (c) a parking attendant (within the meaning of section 63A of the Road Traffic Regulation Act 1984). (4BC) The power conferred on an enforcement officer by subsection (4BA) is exercisable only for purposes connected with the discharge of his functions in relation to a stationary vehicle. (4BD) A person who without reasonable excuse fails to produce a badge when required to do so under subsection (4BA) shall be guilty of an offence.

• (4) In subsection (4C) after “(4B)” there is inserted “ or (4BD) ”.

• (5) In section 117 of the Road Traffic Regulation Act 1984 (c. 27) (wrongful use of disabled person's badge), in subsection (1)(a) after “badge” there is inserted “ purporting to be ”.

Application of surplus income from parking places

95

• (1) Section 55 of the Road Traffic Regulation Act 1984 (financial provisions relating to income and expenditure of local authority in connection with parking places) is amended as follows.

• (2) In subsection (4), for paragraph (d) (purposes for which surplus may be applied if further off-street parking not needed) substitute—

(d) if it appears to the local authority that the provision in their area of further off-street parking accommodation is unnecessary or undesirable, the following purposes— (i) meeting costs incurred, whether by the local authority or by some other person, in the provision or operation of, or of facilities for, public passenger transport services, (ii) the purposes of a highway or road improvement project in the local authority's area, (iii) in the case of a London authority, meeting costs incurred by the authority in respect of the maintenance of roads maintained at the public expense by them, (iv) the purposes of environmental improvement in the local authority's area, (v) in the case of such local authorities as may be prescribed, any other purposes for which the authority may lawfully incur expenditure;

• (3) After subsection (4A) insert—

(4B) For the purposes of subsection (4)(d)(iv) “environmental improvement” includes— (a) the reduction of environmental pollution (as defined in the Pollution Prevention and Control Act 1999 (c. 24); see section 1(2) and (3) of that Act); (b) improving or maintaining the appearance or amenity of— (i) a road or land in the vicinity of a road, or (ii) open land or water to which the general public has access; and (c) the provision of outdoor recreational facilities available to the general public without charge. (4C) Regulations for the purposes of subsection (4)(d)(v) above— (a) may prescribe all local authorities, particular authorities or particular descriptions of authority, (b) may make provision by reference to whether the authority or authorities in question have been classified for the purposes of any other enactment as falling or not falling within a particular category, and (c) may make provision for the continued application of that provision, in prescribed cases and to such extent as may be prescribed, where an authority that is prescribed or of a prescribed description ceases to be so.

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

Wales

96

References in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) to—

• (a) the Highways Act 1980 (c. 66),

• (b) the Road Traffic Regulation Act 1984 (c. 27), and

• (c) the New Roads and Street Works Act 1991 (c. 22),

are to be treated as references to those Acts as amended by this Act.

Financial provision

97

• (1) There shall be paid out of money provided by Parliament—

• (a) any expenditure incurred by the Secretary of State in respect of—

• (i) traffic officers designated under Part 1 (including expenditure relating to the provision of financial assistance under section 14 or other expenditure relating to the provision of equipment, accommodation or other facilities);

• (ii) the establishment and operation of regional centres for the management of traffic on his road network;

• (iii) the provision, for purposes connected with the management of traffic on his road network, of information or advice to the public;

• (iv) other activities carried out for purposes connected with the management of traffic on his road network;

• (b) any other expenditure incurred by the Secretary of State in consequence or by virtue of this Act;

• (c) any increase attributable to this Act in the sums payable out of money so provided by virtue of any other Act.

• (2) In this section references to the Secretary of State's road network are to the network of roads in England for which he is the traffic authority (within the meaning of the Road Traffic Regulation Act 1984).

Repeals

98

Schedule 12 contains repeals.

Commencement, transitionals and savings

99

• (1) The preceding provisions of this Act shall come into force on such day as the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may appoint by order made by statutory instrument.

• (2) Different days may be appointed for different purposes.

• (3) For the purposes of Part 6 (civil enforcement of road traffic contraventions), and related repeals, different days may be appointed for different areas.

• (4) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order made by statutory instrument make transitional provision or savings in connection with the coming into force of any provision of this Act.

Short title and extent

100

• (1) This Act may be cited as the Traffic Management Act 2004.

• (2) This Act extends to England and Wales only.

SCHEDULE 1 — Increase in maximum fines for certain summary offences under the 1991 Act

Provision specifying fine	Brief description of offence or offences to which the fine relates	New maximum fine
Section 51(2)	Offences under s. 51(1) (prohibition of authorised street works)	level 5
Section 54(5)	Failure to comply with duties under s.54 (advance notice of certain works, etc.)	level 4
Section 55(5)	Beginning to execute works in contravention of s. 55 (notice of starting date of works)	level 4
Section 56(3)	Execution of works in contravention of direction under s. 56 (directions as to timing of street works)	level 5
Section 57(4)	Failure to give notice in accordance with s. 57 (notice of emergency works)	level 4
Section 58(6)(a)	Carrying out works in contravention of a restriction imposed under s. 58 (restriction on works following substantial road works)	level 5
Section 60(3)	Failure to comply with duty under s. 60(1) (general duty of undertakers to co-operate)	level 5
Section 65(4)	Failure to comply with s. 65(1) or (2) (safety measures)	level 5
Section 65(6)	Interference with safety measures taken by undertaker	level 5
Section 66(2)	Failure to comply with s. 66(1) (duty to carry on and complete certain street works with all reasonably practicable dispatch)	level 5
Section 67(3)	Failure to comply with s.67(1), (2) or (2C) (duties relating to the use of qualified supervisors and operatives)	level 5
Section 68(2)	Failure by undertaker to afford street authority with reasonable facilities for ascertaining whether he is complying with his duties under Part 3	level 4
Section 69(2)	Failure to comply with s. 69(1) (requirements relating to street works likely to affect another person's apparatus in the street)	level 4
Section 71(5)	Failure to comply with duties under s. 71 (prescribed requirements as to materials and workmanship and performance standards for reinstatements)	level 5
Section 79(4)	Failure to comply with duties under s. 79(1) to (3) (records of location of apparatus)	level 5
Section 80(4)	Failure to comply with s. 80(1) (duty to inform other undertaker of location of certain apparatus) or requirements imposed under s.80(2) (duties applicable where ownership of certain apparatus cannot be ascertained)	level 4
Section 83(3)	Failure by authority to comply with s. 83(2) (requirements relating to certain road works likely to affect apparatus in the street)	level 4
Section 92(2)	Failure to comply with a special requirement as to the displaying of lights imposed by a transport authority under s. 92(1)	level 5
Schedule 3, paragraph 5(3)	Failure to comply with obligation under paragraph 5 (obligations to give notice to street authority)	level 4
Schedule 4, paragraph 6	Execution of works in street with special engineering difficulties in contravention of paragraph 2 (requirement for agreed plan and section before executing works) or paragraph 3 (requirement to furnish plan and section after emergency works)	level 5
Schedule 4, paragraph 12(5)	Failure to execute works in such a street in accordance with a direction under paragraph 12	level 5
Schedule 4, paragraph 13(2)	Failure to comply with paragraph 13(1) (requirement to execute works in such a street in accordance with plan or agreed modification)	level 5

SCHEDULE 2 — Schedule 4A to the New Roads and Street Works Act 1991

SCHEDULE 3 — Schedule 4B to the New Roads and Street Works Act 1991

SCHEDULE 4 — Schedule 3A to the New Roads and Street Works Act 1991

SCHEDULE 5 — Schedule 22A to the Highways Act 1980

SCHEDULE 6 — Schedule 22B to the Highways Act 1980

SCHEDULE 7 — Road traffic contraventions subject to civil enforcement

Part 1 — Parking contraventions

Parking contraventions

1

References in this Part of this Act to a parking contravention shall be construed as follows.

Contraventions relating to parking places in Greater London

2

• (1) In Greater London there is a parking contravention in relation to a vehicle if the vehicle is stationary in a parking place and—

• (a) the vehicle has been left—

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

• (ii) beyond the period of parking that has been paid for,

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

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

• (2) In sub-paragraph (1) “parking place” means—

• (a) a parking place designated by an order made under section 6, 9 or 45 of the Road Traffic Regulation Act 1984 (c. 27), or

• (b) an off-street parking place provided under section 32(1)(a) of that Act.

Other parking contraventions in Greater London

3

• (1) In Greater London there is a parking contravention in relation to a vehicle if it is stationary in circumstances in which any of the offences listed below is committed.

• (2) The offences are—

• (a) an offence under section 15 of the Greater London Council (General Powers) Act 1974 (c. xxiv) (parking on footways, verges, etc.);

• (b) an offence under section 8, 11, 16(1) or 16C of the Road Traffic Regulation Act 1984 (contravention of certain traffic orders) of contravening—

• (i) a prohibition or restriction on waiting of vehicles, or

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

• (c) an offence under section 25(5) of the Road Traffic Regulation Act 1984 of contravening paragraph 1 or 3 of Part 5 of Schedule 14 to the Traffic Signs Regulations and General Directions 2016 (S.I. 2016/362) (prohibition on stopping vehicles on or near pedestrian crossings);

• (d) an offence under section 35A(1) of the Road Traffic Regulation Act 1984 (contravention of orders relating to parking places provided under section 32 or 33 of that Act);

• (e) an offence under section 61(5) of the Road Traffic Regulation Act 1984 (parking in loading areas);

• (f) an offence under section 19 of the Road Traffic Act 1988 (c. 52) (parking of HGVs on verges, central reservations or footways);

• (g) an offence under section 21 of the Road Traffic Act 1988 (offences relating to cycle tracks) of parking a vehicle wholly or partly on a cycle track;

• (h) an offence under section 36(1) of the Road Traffic Act 1988 (failure to comply with traffic sign) of failing to comply with a sign of the type referred to in—

• (i) item 51 or 53 in the table in Part 2 of Schedule 14 to the Traffic Signs Regulations and General Directions 2016, where that sign is placed for the purposes of a signal-controlled crossing facility or a parallel crossing as defined by Schedule 1 to that Instrument; or

• (ii) paragraph 1 of Part 6 of Schedule 7 to that Instrument (bus stop or bus stand clearway markings).

• (3) This paragraph does not apply to a contravention within paragraph 2 above (contraventions relating to parking places).

Parking contraventions outside Greater London

4

• (1) Outside Greater London there is a parking contravention in relation to a vehicle if it is stationary in circumstances in which any of the offences listed below is committed.

• (2) The offences are—

• (a) an offence under section 64(3) of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) of causing a vehicle to stop on part of a road appointed, or deemed to have been appointed, as a hackney carriage stand;

• (b) an offence under section 5, 11, 16(1) or 16C of the Road Traffic Regulation Act 1984 (c. 27) (contravention of certain traffic orders) of contravening a prohibition or restriction on waiting, or loading or unloading, of vehicles;

• (ba) an offence committed in England under section 25(5) of the Road Traffic Regulation Act 1984 of contravening paragraph 1 or 3 of Part 5 of Schedule 14 to the Traffic Signs Regulations and General Directions 2016 (S.I. 2016/362);

• (c) an offence committed in Wales under section 25(5) of the Road Traffic Regulation Act 1984 of contravening regulation 18 or 20 of the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 (S.I. 1997/2400) (prohibition on stopping vehicles on or near pedestrian crossings);

• (d) an offence under section 35A(1), 47(1) or 53(5) or (6) of the Road Traffic Regulation Act 1984 (offences in connection with parking places);

• (e) an offence under section 61(5) of the Road Traffic Regulation Act 1984 (parking in loading areas);

• (ea) an offence under section 30(1) of the Exeter City Council Act 1987 (c. xi) (prohibition of parking vehicles on verges, central reservations and footways).

• (f) an offence under section 6(6) of the Essex Act 1987 (c. xx) of leaving a vehicle on any land in contravention of a prohibition under that section (prohibitions relating to verges and certain other land adjoining or accessible from highway);

• (g) an offence under section 19 of the Road Traffic Act 1988 (c. 52) (parking of HGVs on verges, central reservations or footways);

• (h) an offence under section 21 of the Road Traffic Act 1988 (offences relating to cycle tracks) of parking a vehicle wholly or partly on a cycle track;

• (ha) an offence committed in England under section 36(1) of the Road Traffic Act 1988 (failure to comply with traffic sign) of failing to comply with a sign of the type referred to in—

• (i) item 51 or 53 in the table in Part 2 of Schedule 14 to the Traffic Signs Regulations and General Directions 2016, where that sign is placed for the purposes of a signal-controlled crossing facility or a parallel crossing as defined by Schedule 1 to that Instrument; or

• (ii) paragraph 1 of Part 6 of Schedule 7 to that Instrument (bus stop or bus stand clearway markings);

• (i) an offence committed in Wales under section 36(1) of the Road Traffic Act 1988 (failure to comply with traffic sign) of failing to comply with a sign of a type referred to in—

• (i) regulation 10(1)(b) of the Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113) (zig-zag lines relating to certain crossings), or

• (ii) regulation 29(1) of those regulations (bus stop or bus stand markings).

• (3) Outside Greater London there is a parking contravention in relation to a vehicle if it is parked in contravention of a prohibition imposed by an English local transport authority in accordance with regulations made under Schedule (Prohibition of parking on footways and verges) to the English Devolution and Community Empowerment Act 2026 (parking on footways and verges).

Power to add further offences

5

• (1) The appropriate national authority may by regulations amend paragraph 3 or 4 so as to add further offences (but only in so far as they relate to stationary vehicles).

• (2) Before making regulations amending paragraph 3 the Secretary of State shall consult—

• (a) the Commissioner of Police of the Metropolis and the Commissioner of Police for the City of London, and

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

• (3) Before making regulations amending paragraph 4 the appropriate national authority shall consult—

• (a) such representatives of chief officers of police, and

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

as the authority considers appropriate.

Part 2 — Bus lane contraventions

Bus lane contraventions

6

• (1) A bus lane contravention is a contravention of any provision of a traffic order relating to the use of an area of road that is or forms part of a bus lane.

• (2) An area of road is or forms part of a bus lane if the order provides that it may be used—

• (a) only by buses (or a particular description of bus), or

• (b) only by buses (or a particular description of bus) and some other class or classes of vehicular traffic.

• (3) In this paragraph—

• “bus” includes a tramcar (within the meaning of section 141A of the Road Traffic Regulation Act 1984 (c. 27)) and a trolley vehicle (within the meaning of that section); and

• “traffic order” means an order under section 1, 6, 9 or 14 of that Act.

Part 3 — London lorry ban contraventions

London lorry ban contraventions

7

A London lorry ban contravention is a contravention of the Greater London (Restriction of Goods Vehicles) Traffic Order 1985 made by the Greater London Council under section 6 of the Road Traffic Regulation Act 1984, or any order replacing that order, as amended from time to time.

Part 4 — Moving traffic contraventions

Moving traffic contraventions

8

• (1) A moving traffic contravention is—

• (a) an offence under section 36 of the Road Traffic Act 1988 (c. 52) of failing to comply with the indication given by a traffic sign that is subject to civil enforcement (see paragraphs 8A and 9), or

• (b) an offence of failing to comply with a traffic order in so far as it makes provision for a requirement, restriction or prohibition that is conveyed by a traffic sign subject to civil enforcement.

• (2) In sub-paragraph (1)(b) “traffic order” means an order under section 1, 6, 9, 14 or 16A of the Road Traffic Regulation Act 1984 (c. 27).

• (3) If conduct is both a moving traffic contravention and a London lorry ban contravention (see Part 3 above), a penalty charge may only be imposed on the latter basis.

• (4) If in any other case the same conduct is a moving traffic contravention under sub-paragraph (1)(a) and (b), a penalty charge may be imposed on either basis but not both.

Traffic signs subject to civil enforcement in England

8A

• (1) The tables in sub-paragraph (5) specify the traffic signs that are subject to civil enforcement in England.

• (2) In Table A—

• (a) column (1) sets out the description, corresponding to the description in the Traffic Signs Regulations and General Directions 2016 (S.I. 2016/362) (“the 2016 Regulations”), of the requirement, restriction or prohibition conveyed by the sign, and

• (b) column (2) sets out the number given to the diagram illustrating the sign in that instrument and the place in that instrument where that diagram appears.

• (2A) The marking with diagram number 1027.1 is subject to civil enforcement in England only if it is placed in conjunction with an upright sign (within the meaning given in the 2016 Regulations) which includes the symbol at item 10 in Part 3 of Schedule 4 to the 2016 Regulations.

• (3) In Table B—

• (a) column (1) sets out the description, corresponding to the description in the Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113), of the requirement, restriction or prohibition conveyed by the sign, and

• (b) column (2) sets out the number given to the diagram illustrating the sign in that instrument and the place in that instrument where that diagram appears.

• (4) References in the tables to any sign include—

• (a) any permitted variant of that sign, and

• (b) where alternative types are shown, any of those types.

• (5) The tables are as follows—

(1) Description	(2) Diagram number (with location in the Traffic Signs Regulations and General Directions 2016)
Vehicular traffic must proceed in the direction indicated by the arrow	606 (Schedule 3, Part 2, item 1 and Schedule 14, Part 2, item 42)
Vehicular traffic must turn ahead in the direction indicated by the arrow	609 (Schedule 3, Part 2, item 2)
Vehicular traffic must comply with the requirements described in paragraph 3 of Part 4 of Schedule 3	610 (Schedule 3, Part 2, item 3)
No right turn for vehicular traffic	612 (Schedule 3, Part 2, item7 and Schedule 14, Part 2, item 43)
No left turn for vehicular traffic	613 (Schedule 3, Part 2, item 8 and Schedule 14, Part 2, item 43)
No U-turns for vehicular traffic	614 (Schedule 3, Part 2, item 6 and Schedule 14, Part 2, item 43)
Priority must be given to vehicles from the opposite direction	615 (Schedule 3, Part 2, item 9)
No entry for vehicular traffic (when the restriction or prohibition is one that may be indicated by another traffic sign subject to civil enforcement)	616 (Schedule 3, Part 2, item 10 and Schedule 14, Part 2, item 44)
All vehicles prohibited except non-mechanically propelled vehicles being pushed by pedestrians	617 (Schedule 3, Part 2, item 11)
Entry to and waiting in a pedestrian zone restricted	618.3B (Schedule 8, Part 2, item 1)
Entry to and waiting in a pedestrian and cycle zone restricted	618.3C (Schedule 8, Part 2, item 2)
Motor vehicles prohibited	619 (Schedule 3, Part 2, item 12)
Motor vehicles except solo motor cycles prohibited	619.1 (Schedule 3, Part 2, item 18)
Solo motor cycles prohibited	619.2 (Schedule 3, Part 2, item 20)
Goods vehicles exceeding the maximum gross weight indicated on the goods vehicle symbol prohibited	622.1A (Schedule 3, Part 2, item 13)
One way traffic	652 (Schedule 9, Part 4, item 5)
Buses prohibited	952 (Schedule 3, Part 2, item 17)
Route for use by buses, pedal cycles and taxis only	953 (Schedule 3, Part 2, item 33)
Route for use by tramcars only	953.1 (Schedule 3, Part 2, item 36)
Route for use by pedal cycles only	955 (Schedule 3, Part 2, item 28)
Route for use by pedal cycles and by pedestrians only	956 (Schedule 3, Part 2, item 29)
Route comprising two ways, for use by pedal cycles only and by pedestrians only	957 (Schedule 3, Part 2, item 32)
With-flow cycle lane	959.1 (Schedule 9, Part 4, item 9)
Contra-flow cycle lane	960.1 (Schedule 9, Part 4, item 6)
Part of the carriageway outside an entrance where vehicles should, or must not, stop	1027.1 (Schedule 7, Part 4, item 10)
Marking conveying the requirements in paragraph 11 of Part 7 of Schedule 9 (box junction)	1043 (Schedule 9, Part 6, item 25)
(1) Description	(2) Diagram number (with location in the Traffic Signs Regulations and General Directions 2002)
---	---
Entry to pedestrian zone restricted	618.2 (Schedule 2)
Entry to and waiting in pedestrian zone restricted	618.3 (Schedule 2)
Entry to and waiting in pedestrian zone restricted (variable message sign)	618.3A (Schedule 2)

Traffic signs subject to civil enforcement in Wales

9

• (1) The table below specifies the traffic signs that are subject to civil enforcement in Wales.

• (2) In the table—

• (a) column 1 sets out the description, corresponding to the description in the Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113), of the requirement, restriction or prohibition conveyed by the sign, and

• (b) column 2 sets out the number given to the diagram illustrating the sign in that instrument.

• (3) References in the table to any sign include any permitted variant of that sign.

• (4) The table is as follows:

Description	Diagram number
Vehicular traffic must proceed in the direction indicated by the arrow	606
Vehicular traffic must turn ahead in the direction indicated by the arrow	609
Vehicular traffic must comply with the requirements in regulation 15	610
No right turn for vehicular traffic	612
No left turn for vehicular traffic	613
No U-turns for vehicular traffic	614
Priority must be given to vehicles from the opposite direction	615, 615.1
No entry for vehicular traffic (when the restriction or prohibition is one that may be indicated by another traffic sign subject to civil enforcement)	616
All vehicles prohibited except non-mechanically propelled vehicles being pushed by pedestrians	617
Entry to pedestrian zone restricted (alternative types)	618.2
Entry to and waiting in pedestrian zone restricted (alternative types)	618.3
Entry to and waiting in pedestrian zone restricted (variable message sign)	618.3A
Motor vehicles prohibited	619
Motor vehicles except solo motor cycles prohibited	619.1
Solo motor cycles prohibited	619.2
Goods vehicles exceeding the maximum gross weight indicated on the goods vehicle symbol prohibited	622.1A
One way traffic	652
Buses prohibited	952
Route for use by buses and pedal cycles only	953
Route for use by tramcars only	953.1
Route for use by pedal cycles only	955
Route for use by pedal cycles and pedestrians only	956
Route comprising two ways, for use by pedal cycles only and by pedestrians only	957
With flow bus lane which pedal cycles and taxis may also use ahead	958
With flow bus lane which pedal cycles may also use	959
With-flow cycle lane	959.1
Contra flow bus lane	960
Contra-flow cycle lane	960.1
Box junction markings	1043, 1044

Power to amend tables

10

• (1) The appropriate national authority may by regulations amend the relevant table so as to add further traffic signs.

• (2) A traffic sign may only be added to the relevant table if it is of a type—

• (a) regulating the movement of vehicles (and not stationary vehicles),

• (b) to which section 36 of the Road Traffic Act 1988 (c. 52) applies (offence of failure to comply with traffic sign), and

• (c) failure to comply with which is not an offence involving obligatory endorsement.

In paragraph (c) “offence involving obligatory endorsement” has the meaning given by section 96 of the Road Traffic Offenders Act 1988 (c. 53).

• (3) Before making regulations under this paragraph the appropriate national authority shall consult—

• (a) such representatives of chief officers of police, and

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

as the authority considers appropriate.

• (4) In this paragraph “the relevant table” means—

• (a) as regards England, Table A or Table B in paragraph 8A(5);

• (b) as regards Wales, the table in paragraph 9(4).

SCHEDULE 8 — Civil enforcement areas and enforcement authorities

Part 1 — In Greater London

Civil enforcement of parking contraventions relating to parking places

1

• (1) The whole of Greater London is a civil enforcement area for parking contraventions within paragraph 2 of Schedule 7 (contraventions relating to parking places).

• (2) References in this Part of this Act to the enforcement authority in relation to such contraventions are to the authority by whom the parking place in question was designated or provided.

Civil enforcement of other parking contraventions

2

• (1) The Secretary of State may, on an application by a London authority, make an order designating the whole or part of the authority's area as a civil enforcement area for parking contraventions within paragraph 3 of Schedule 7 (contraventions other than those relating to parking places).

• (2) An application may be made—

• (a) by Transport for London, to the extent that the civil enforcement area is to consist of GLA roads;

• (b) by a London local authority, to the extent that the civil enforcement area is to consist of roads other than GLA roads.

• (3) Before making an order under this paragraph the Secretary of State shall consult the Commissioner of Police of the Metropolis or the Commissioner of Police for the City of London or, if appropriate, both of them.

• (4) An order in force immediately before the commencement of this Part of this Act designating an area in Greater London as a special parking area under section 76 of the Road Traffic Act 1991 (c. 40) has effect on and after the commencement of this Part of this Act as if it were an order under this paragraph designating that area as a civil enforcement area for such parking contraventions as are mentioned in sub-paragraph (1).

• (5) References in this Part of this Act to the enforcement authority in relation to such contraventions in Greater London are—

• (a) as respects parking, or any matter connected with or relating to parking, on or adjacent to a GLA road, to Transport for London;

• (b) as respects parking, or any matter connected with or relating to parking, on or adjacent to a road other than a GLA road, to the London local authority in whose area the road is situated.

Variation of civil enforcement area by Mayor of London

3

• (1) The Mayor of London may by order under this paragraph amend an order for the time being in force under paragraph 2 so as to vary the area that for the time being constitutes the civil enforcement area.

• (2) No such order may be made without the consent of the relevant London authority for every road that the order has the effect of bringing within, or removing from, the civil enforcement area.

• (3) The relevant London authority is—

• (a) as regards GLA roads, Transport for London;

• (b) as regards roads other than GLA roads, the London local authority in whose area the road is situated.

• (4) An order under this paragraph must not be such as to bring within a civil enforcement area an area as to which the Secretary of State has specified by order that it is expedient on grounds of national security that no part of it should be included in a civil enforcement area.

• (5) An order in force immediately before the commencement of this Part of this Act under section 76A(1) or (3)(a) of the Road Traffic Act 1991 (c. 40) has effect on and after the commencement of this Part of this Act as if made under the corresponding provision of this paragraph.

Civil enforcement of bus lane contraventions

4

• (1) The whole of Greater London is a civil enforcement area for bus lane contraventions.

• (2) References in this Part of this Act to the enforcement authority in relation to bus lane contraventions in Greater London are—

• (a) in relation to contraventions on GLA roads, to Transport for London or the relevant London local authority acting with the written consent of Transport for London;

• (b) in relation to contraventions on roads other than GLA roads, to the relevant London local authority or Transport for London acting with the written consent of the relevant London local authority.

• (3) Consent under sub-paragraph (2)(a) or (b) may be given with respect to the whole or part of the area of the relevant London local authority.

• (4) In this paragraph “the relevant London local authority” means the London local authority in whose area the contravention is committed.

• (5) Any consent in force immediately before the commencement of this Part of this Act for the purposes of the provisions of regulations under section 144 of the Transport Act 2000 (c. 38) corresponding to the provisions of this paragraph has effect on and after the commencement of this Part of this Act as if given under this paragraph.

Civil enforcement of London lorry ban contraventions

5

• (1) The whole of Greater London is a civil enforcement area for London lorry ban contraventions.

• (2) References in this Part of this Act to the enforcement authority in relation to such contraventions are—

• (a) in relation to contraventions on GLA roads, to Transport for London;

• (b) in relation to contraventions on roads other than GLA roads, to the London local authority in whose area the contravention is committed.

Civil enforcement of moving traffic contraventions: London local authorities

6

• (1) A London local authority may by resolution declare the whole or part of its area to be a civil enforcement area for moving traffic contraventions.

• (2) The resolution must specify the date on which it is to have effect, which must be not less than three months after publication of the notice required by sub-paragraph (3).

• (3) The authority shall cause notice to be published in a local newspaper circulating in their area—

• (a) of the passing of the resolution, and

• (b) of the general effect of the provisions of this Act coming into operation as a result of it.

• (4) A photocopy or other reproduction certified by the officer appointed for that purpose by the authority to be a reproduction of a page or part of a page of any such newspaper bearing the date of its publication and containing any such notice shall be evidence of the publication of the notice and of the date of publication.

• (5) A civil enforcement area declared by resolution under this paragraph does not extend to any GLA road.

• (6) In relation to moving traffic contraventions in a civil enforcement area created by resolution under this paragraph, references in this Part of this Act to the enforcement authority are to the London local authority by whom the resolution was passed or Transport for London acting with the written consent of that authority.

Consent may be given with respect to the whole or part of the area of the London local authority.

Civil enforcement of moving traffic contraventions: Transport for London

7

• (1) Transport for London may declare the whole or part of one or more GLA roads to be a civil enforcement area for moving traffic contraventions.

• (2) The declaration must specify the date on which it is to have effect, which must be not less than three months after publication of the notice required by sub-paragraph (3).

• (3) Transport for London shall cause notice to be published in a local newspaper circulating in the area of each London local authority in which a road, or part of a road, to which the declaration relates is situated—

• (a) of the making of the declaration, and

• (b) of the general effect of the provisions of this Act coming into operation as a result of it.

• (4) A photocopy or other reproduction certified by the officer appointed for that purpose by Transport for London to be a reproduction of a page or part of a page of any such newspaper bearing the date of its publication and containing any such notice shall be evidence of the publication of the notice and of the date of publication.

• (5) In relation to moving traffic contraventions in a civil enforcement area declared under this paragraph, references in this Part of this Act to the enforcement authority are to Transport for London or the London local authority in whose area the contravention is committed acting with the written consent of Transport for London.

Consent may be given with respect to the whole or part of the area of a London local authority.

Part 2 — Outside Greater London

Designation of civil enforcement areas for parking contraventions

8

• (1) The appropriate national authority may, on an application under this paragraph, make an order designating the whole or part of a local authority's area as a civil enforcement area for parking contraventions.

• (2) An application under this paragraph may be made—

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

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

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

• (d) with respect to the whole of their areas, by two or more metropolitan district councils acting jointly;

• (e) with respect to the whole or part of the Isles of Scilly, by the Council of the Isles of Scilly.

• (3) Before making an order under this paragraph the appropriate national authority shall consult the appropriate chief officer of police.

• (4) An order in force immediately before the commencement of this Part of this Act designating an area outside Greater London as a permitted parking area and special parking area under paragraphs 1(1) and 2(1) of Schedule 3 to the Road Traffic Act 1991 (c. 40) has effect on and after the commencement of this Part of this Act as an order under this paragraph designating the area as a civil enforcement area for parking contraventions.

• (5) References in this Part of this Act to the enforcement authority in relation to parking contraventions in a civil enforcement area outside Greater London, are—

• (a) in relation to contraventions relating to a parking place—

• (i) provided or authorised under section 32(1)(a) or (b) of the Road Traffic Regulation Act 1984 (c. 27), or

• (ii) designated by order under section 45 of that Act,

to the authority by whom the parking place was provided, authorised or designated;

• (b) in relation to other parking contraventions, to the local authority in whose area the contravention is committed.

Designation of civil enforcement areas for bus lane contraventions

9

• (1) The appropriate national authority may make an order designating the whole or part of a local authority's area as a civil enforcement area for bus lane contraventions.

• (2) An area may only be so designated if it is within, or is co-extensive with, an area already designated as a civil enforcement area for parking contraventions.

• (3) An order in force immediately before the commencement of this Part of this Act approving a local authority for the purposes of section 144 of the Transport Act 2000 (c. 38) (civil penalties for bus lane contraventions) has effect on and after the commencement of this Part of this Act as an order under this paragraph designating as a civil enforcement area for bus lane contraventions so much of that authority's area as is a civil enforcement area for parking contraventions.

• (3A) A notice given (and not withdrawn) before the commencement of this Part of this Act approving a local authority in England for the purposes of section 144 of the Transport Act 2000 (civil penalties for bus lane contraventions) has effect on and after the commencement of this Part of this Act (in relation to England) as an order under this paragraph designating as a civil enforcement area for bus lane contraventions so much of that authority's area as is a civil enforcement area for parking contraventions.

• (4) References in this Part of this Act to the enforcement authority in relation to bus lane contraventions outside Greater London—

• (a) are references to the local authority in whose area the contravention is committed;

• (b) if there is a qualifying CCA or combined authority for the area of that local authority, are also references to that authority or CCA (in addition to references that local authority).

• (5) There is a qualifying CCA or combined authority for the area of a local authority if—

• (a) the local authority is a constituent council of a CCA or combined authority, and

• (b) the CCA or combined authority has the written consent of the local authority to act as an enforcement authority in relation to bus lane contraventions in the local authority’s area.

• (6) In this paragraph—

• “CCA” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

• “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

• “constituent council” means—in relation to a combined authority—a county council the whole or any part of whose area is within the area of the authority, ora district council whose area is within the area of the authority;in relation to a CCA—a county council for an area within the area of the CCA, ora unitary district council for an area within the area of the CCA;and here “unitary district council” means the council for a district for which there is no county council.

Designation of civil enforcement areas for moving traffic contraventions

10

• (1) The appropriate national authority may, on an application under this paragraph, make an order designating the whole or part of a local authority's area as a civil enforcement area for moving traffic contraventions.

• (2) An area may only be so designated if it is within, or is co-extensive with, an area already designated as a civil enforcement area for parking contraventions.

• (3) An application under this paragraph may be made—

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

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

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

• (d) with respect to the whole of their areas, by two or more metropolitan district councils acting jointly;

• (e) with respect to the whole or part of the Isles of Scilly, by the Council of the Isles of Scilly.

• (4) Before making an order under this paragraph the appropriate national authority shall consult the appropriate chief officer of police.

• (5) In relation to a civil enforcement area designated by order under this paragraph on an application that was not a joint application, references in this Part of this Act to the enforcement authority—

• (a) are references to the applicant authority;

• (b) if there is a qualifying CCA or combined authority for the area of the applicant authority, are also references to that authority or CCA (in addition to references the applicant authority).

• (6) In relation to a civil enforcement area designated by order under this paragraph on a joint application, references in this Part of this Act to the enforcement authority—

• (a) are references to each applicant authority;

• (b) as respects the area of any applicant authority for which there is a qualifying CCA or combined authority, are also references to that authority or CCA (in addition to references that applicant authority).

• (7) There is a qualifying CCA or combined authority for the area of an applicant authority if—

• (a) the applicant authority is a constituent council of a CCA or combined authority, and

• (b) the CCA or combined authority has the written consent of the applicant authority to act as an enforcement authority in relation to moving traffic contraventions in the applicant authority’s area.

• (8) In this paragraph—

• “applicant authority” means the authority, or in the case of a joint application an authority, on whose application an order under this paragraph was made;

• “CCA”, “combined authority” and “constituent council” have the same meanings as in paragraph 9.

SCHEDULE 9 — Civil enforcement: setting the level of charges

Part 1 — Charges to which this Schedule applies

Charges to which this Schedule applies

1

• (1) This Schedule provides for the setting of the levels of—

• (a) penalty charges, including any discounts or surcharges,

• (b) charges made by authorities under section 102 of the Road Traffic Regulation Act 1984 (c. 27) for the removal, storage and disposal of vehicles found in areas that are civil enforcement areas for parking contraventions, and

• (c) charges for the release of vehicles from an immobilisation device under regulations under section 79 above.

• (2) References in this Schedule to “charges” are to those charges.

Part 2 — Charges applicable in Greater London

Charges to be set by Transport for London or London local authorities

2

• (1) It is the duty—

• (a) of Transport for London, so far as relating to contraventions on or adjacent to GLA roads, and

• (b) of the London local authorities, so far as relating to—

• (i) parking places provided or authorised by such authorities, or

• (ii) contraventions on or adjacent to roads other than GLA roads,

to set the levels of charges applicable in Greater London.

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

• (3) Before setting the level of any charges Transport for London must consult the London local authorities.

Supervisory role of Mayor of London

3

• (1) Transport for London and the London local authorities must submit to the Mayor of London for his approval the levels of charges that they propose to set.

• (2) If—

• (a) Transport for London or the London local authorities fail to discharge their duty under paragraph 2, or

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

the levels of charges shall be set by order made by the Mayor of London.

Reserve powers of Secretary of State

4

• (1) The following provisions apply where the Mayor of London—

• (a) approves any levels of charges on a submission under paragraph 3(1), or

• (b) sets any such levels under paragraph 3(2).

• (2) The Mayor must notify the Secretary of State of the levels of charges so approved or set.

• (3) The levels of charges shall not come into force until after the expiration of—

• (a) the period of one month beginning with the date on which the notification is given, or

• (b) such shorter period as the Secretary of State may allow.

• (4) The Secretary of State may before the end of that period give notice to the Mayor of London that he objects to the levels of charges on the grounds that some or all of them are excessive.

If he does so those levels of charges shall not come into force unless and until the objection has been withdrawn.

• (5) If at any time before the levels of charges have come into force, the Secretary of State considers that some or all of them are excessive, he may make regulations setting the levels of charges.

Those levels must be no higher than those notified under sub-paragraph (2).

• (6) If the Secretary of State makes regulations under sub-paragraph (5) no further submission to the Mayor of London under paragraph 3(1) may be made until after the end of the period of twelve months beginning with the day on which the regulations are made.

Publication of levels of charges

5

• (1) Transport for London and the London local authorities shall publish, in such manner as the Mayor of London may determine, the levels of charges set in accordance with this Part of this Schedule.

• (2) The duty imposed by sub-paragraph (1) applies—

• (a) to Transport for London so far as the charges relate to contraventions on or adjacent to GLA roads, and

• (b) to the London local authorities so far as they relate to—

• (i) parking places provided or authorised by such authorities, or

• (ii) contraventions on or adjacent to roads other than GLA roads.

Discharge of functions by London local authorities

6

• (1) The Secretary of State may make provision by regulations as to the discharge by London local authorities of the functions conferred on them by this Part of this Schedule.

• (2) The regulations may provide for the functions to be discharged by means of arrangements under section 101 of the Local Government Act 1972 (c. 70) (arrangements for discharge of functions by local authorities) or in such other way as the regulations may provide.

• (3) The regulations may make provision for continuing in force for the purposes of this Part of this Schedule any arrangements in force immediately before the commencement of this Part for the discharge of functions corresponding to the functions of London local authorities under this Part of this Schedule.

Part 3 — Charges applicable outside Greater London

Charges to be set by enforcement authority

7

• (1) Outside Greater London it is the duty of each enforcement authority to set the level of charges applicable in the case of contraventions for which they are the enforcement authority.

• (2) Different levels of charges may be set for different parts of a civil enforcement area and for different cases or classes of case.

Guidelines given by appropriate national authority

8

• (1) The levels of charges set by enforcement authorities under this Part of this Schedule must (subject to sub-paragraph (3)) accord with guidelines appended to an order made by the appropriate national authority.

• (2) Different guidelines may be given for different cases or classes of case.

• (3) An enforcement authority may, with the permission of the appropriate national authority, depart from any such guidelines.

Publication of levels of charges

9

An enforcement authority for an area outside Greater London shall publish, in such manner as the appropriate national authority may determine, the levels of charges set under this Part of this Schedule.

SCHEDULE 10 — Civil enforcement: special enforcement areas

Designation of special enforcement areas in Greater London

1

• (1) The Secretary of State may, on an application by a London authority, make an order designating the whole or part of that authority's area as a special enforcement area.

• (2) An area may only be so designated if it is within, or is co-extensive with, an area that is a civil enforcement area for parking contraventions within paragraph 3 of Schedule 7 (parking contraventions other than those relating to parking places).

• (3) An application under this paragraph may be made—

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

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

• (4) Before making an order under this paragraph the Secretary of State shall consult the Commissioner of Police of the Metropolis or the Commissioner of Police for the City of London or, if appropriate, both of them.

• (5) An order in force immediately before the commencement of this Part of this Act under section 76 of the Road Traffic Act 1991 (c. 40) designating an area in Greater London as a special parking area has effect on and after the commencement of this Part of this Act as if it were an order under this paragraph designating the area as a special enforcement area.

Variation of special enforcement area by Mayor of London

2

• (1) The Mayor of London may by order under this paragraph amend an order for the time being in force under paragraph 1 so as to vary the area that for the time being constitutes the special enforcement area.

• (2) No such order may be made without the consent of the relevant London authority for every road that the order has the effect of bringing within, or removing from, the special enforcement area.

• (3) The relevant London authority is—

• (a) as regards GLA roads, Transport for London;

• (b) as regards roads other than GLA roads, the London local authority in whose area the road is situated.

• (4) An order under this paragraph must not be such as to bring within a special enforcement area an area as to which the Secretary of State has specified by order that it is expedient on grounds of national security that no part of it should be included in a special enforcement area.

• (5) An order in force immediately before the commencement of this Part of this Act under section 76A(1) or (3)(a) of the Road Traffic Act 1991 (c. 40) has effect on and after the commencement of this Part of this Act as if it made corresponding provision under this paragraph.

Designation of special enforcement areas outside Greater London

3

• (1) The appropriate national authority may, on an application under this paragraph, make an order designating the whole or part of a local authority's area as a special enforcement area.

• (2) An area may only be so designated if it is within, or is co-extensive with, an area that is a civil enforcement area for parking contraventions.

• (3) An application under this paragraph may be made—

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

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

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

• (d) with respect to the whole of their areas, by two or more metropolitan district councils acting jointly;

• (e) with respect to the whole or part of the Isles of Scilly, by the Council of the Isles of Scilly.

• (4) Before making an order under this paragraph the appropriate national authority shall consult the appropriate chief officer of police.

• (5) An order in force immediately before the commencement of this Part of this Act under paragraph 2(1) of Schedule 3 to the Road Traffic Act 1991 designating an area outside Greater London as a special parking area has effect on and after the commencement of this Part of this Act as if it were an order under this paragraph designating the area as a special enforcement area.

SCHEDULE 11 — Civil enforcement: consequential amendments

Road Traffic Regulation Act 1984

1

• (1) Section 46 of the Road Traffic Regulation Act 1984 (c. 27) (charges at, and regulation of, designated parking places) is amended as follows.

• (2) In subsection (1) after “outside Greater London” insert “ , and not in a civil enforcement area for parking contraventions, ”.

• (3) In subsection (1A) after “in Greater London” insert “ , or outside Greater London in a civil enforcement area for parking contraventions, ”.

• (4) After subsection (5) add—

(6) In this section “civil enforcement area for parking contraventions” has the same meaning as in Part 6 of the Traffic Management Act 2004.

2

In section 63A of the Road Traffic Regulation Act 1984 (parking attendants), for subsection (4) (requirement to wear uniform) substitute—

(4) Parking attendants in an area that is a civil enforcement area for parking contraventions— (a) when exercising prescribed functions must wear such uniform as may be determined by the enforcement authority in accordance with guidance issued by the appropriate national authority, and (b) must not exercise any of those functions when not in uniform. Expressions used in this subsection that are defined for the purposes of Part 6 of the Traffic Management Act 2004 have the same meaning as in that Part.

3

• (1) In section 101 of the Road Traffic Regulation Act 1984 (disposal of vehicles removed under that Act)—

• (a) in subsection (1) (power of competent authority to dispose of vehicle) for “Subject to subsections (3) to (5A) below” substitute “ Subject to subsection (3) and section 101A below ”;

• (b) omit subsections (4) to (6) (right of owner to recover vehicle or proceeds of sale).

• (2) After that section insert—