The Road Traffic Regulation Act 1984 provided
for councils to enforce certain parking acts. Parking offences
however, were dealt with through the criminal court system. A
considerable number of parking offences, primarily those concerning
restricted (yellow line) parking remained the responsibility of
the police and the police traffic warden service.
The Road Traffic Act 1991 made important
changes to the 1984 Act. The most
important allowing for parking offences to be “decriminalised”.
This meant that you were no longer committing a criminal act by
parking incorrectly, and that the police no longer had to deal
with matters of parking. Instead, this was given to individual
councils to administer.
The first areas in the country to be decriminalised were the 33
London Boroughs during 1993/94. Since the late 1990s, an increasing
number of councils outside London have also opted for decrimialised parking enforcement.
Before any council can take up decriminalisation, they must first
submit a proposal to the Secretary of State for Transport for
their approval. The legal power must be granted formally as an
Order in Parliament, through what
is known as a Statutory Instrument.
The Council has no legal authority
to enforce parking themselves unless they have been granted the
order which is called a Special Parking Area
Order (SPA Order).
Important sections of the Road Traffic Act
1991.
Road Traffic Act 1991: Section 66 & 77 authorises a Parking Attendant to issue a PCN if he has
reason to believe that a parking contravention has occurred.
Road Traffic Act 1991: Section 66 requires every PCN to contain certain specified information. Although
it is not mandatory, to follow the wording exactly, they must
accurately convey the information.
Road Traffic Act 1991: Section 67 and 68 authorises councils to obtain
payment of the PCN and removal and storage costs before releasing
the vehicle.
Road Traffic Act 1991: Section 69 and 77 authorises immobilisation
of vehicles (i.e. clamping) subject to exemptions as set out in
Section 70.
Road Traffic Act 1991: Section 70 provides for the vehicle to be exempt from clamping
or immobilisation if the following apply:
• a current disabled person's badge is displayed on the
vehicle;
• 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
• 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.
Road Traffic Act 1991: Section
71 sets out the keeper’s rights to make representations
to the Council following clamping and removal, whether payment
has been made or not.
Road Traffic Act 1991: Section
72 provides for the right to include an appeal to an
independent parking adjudicator if the representation is rejected
by the Council.
Road Traffic Act 1991: Section
74 provides for London authorities to set their own levels
of additional parking charges to apply in London. They can set
different levels in different parts of London.
Road Traffic Act 1991: Section
77 also authorises immobilisation of vehicles (i.e. clamping)
subject to the exemptions in Section 70.
Road Traffic Act 1991: Section
78 this provides for the Lord Chancellor to issue regulations
relating to the issue of warrants of execution to certificated
bailiffs.
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