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Parking Enforcement
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History
of
Parking
As
with
everything
else
they
do,
the
power
of
councils
to
enforce
parking
regulations
derives
ultimately
from
Acts
of
Parliament.
The
Road
Traffic
Regulation
Act
1984
first
enabled
councils
to
enforce
certain
parking
acts,
although
parking
offences
were
dealt
with
and
enforcement
action
taken
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.
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The
Road
Traffic
Act
1991
brought
about
a
number
of
key
changes
in
the
above
arrangements.
Parking
"offences"
enforced
by
councils
were
"decriminalised"
and
brought
within
the
civil
enforcement
system.
At
the
same
time
a
number
of
additional
enforcement
responsibilities,
such
as
restricted
(yellow
line)
parking,
were
removed
from
the
police
and
also
given
to
councils.
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The provisions of the Road Traffic Act 1991 were first implemented
by the 33 London Boroughs during 1993/94. Since the late 1990s
an increasing number of councils outside London have also taken
up decriminalised enforcement powers. It is these councils in
England and Wales, (not including London), for whom the National
Parking Adjudication Service provides the independent appeals
service required by the Road Traffic Act 1991.
Before any council can take up decriminalised enforcement powers
it must first prepare a detailed proposal which is submitted to
the Secretary of State for Transport (in England) or for Secretary
of State for Wales. Only once this has been approved and the council's
scheme is deemed to be viable, will permission be given to prepare
for and introduce a decriminalised parking enforcement regime.
Legal powers to implement the scheme are granted formally through
the enactment of what is known as an Order in Parliament, through
the Statutory Instrument process. All councils operating decriminalised
parking must be in possession of such an Order, known as a Special
Parking Area Order (SPA Order), before they commence enforcement.
Along with the Acts of Parliament mentioned above, the Road
Traffic (Parking Adjudicators) (England and Wales) Regulations
1999 (S.I. 1999 No. 1918) govern the management and conduct
of parking appeals in England and Wales (outside London).
The Transport Act 2000 (Section 144) provides for Regulations
to be made allowing any council in England that already has the
power to enforce parking contraventions in the decriminalised
scheme to undertake the civil enforcement of bus lane contraventions.
These regulations, the Bus Lane Contraventions (Penalty Charges,
Adjudication and Enforcement) (England) Regulations 2005 (ST2005
No 2757), came into force on 1st November 2005. Unlike parking,
both the police and the council have the power to enforce bus
lane contraventions; however, if the police take criminal proceedings
in respect of the bus lane contravention the council must cease
enforcement and cancel their penalty charge notice.
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