Traffic Management Act 2004 (part 6)

• Changes to the way parking is enforced
• New tariffs for penalty charges - under the Traffic Management Act 2004
• What happened when the TMA came into force on 31 March 2008
• Higher band penalty charge contraventions
• Lower band penalty charge contraventions
• Tips on how to avoid getting a penalty charge notice

 

Changes to the way parking is enforced

Major changes in the way in which local authorities enforce parking changed recently as long awaited Government regulations came into affect on 31 March 2008.

Under the new regulations this activity became known as Civil Parking Enforcement (CPE) and parking attendants became known as Civil Enforcement Officers (CEOs).

The new regulations, which form Part 6 of the Traffic Management Act 2004, are designed to make parking enforcement more motorist friendly and represent the most radical shake up of parking enforcement in England and Wales for many years. The new framework makes it clear that local authorities should not use parking enforcement as a tool for raising revenue, and should not set targets for the number of Penalty Charge Notices issued. Local authorities are also encouraged to allow officers to use more discretion over when a Penalty Charge Notice is issued.

Local authorities are now able to issue lower penalties for less serious parking contraventions and have to include details of procedures for appeals on Penalty Charge Notices. Independent parking adjudicators also get more power, including the right to ask local authorities to reconsider penalty charges where motorists have mitigating circumstances.

The regulations introduced new parking contraventions that allow local authorities to issue Penalty Charge Notices to motorists that are double parked or parked across a dropped footway, for example, a pedestrian crossing. In certain exceptional circumstances (where a Civil Enforcement Officer is threatened or subjected to violence or the vehicle is driven away) there is no longer be a need for a Penalty Charge Notice to be placed on a vehicle or handed to the driver in order for it to be properly served, as the new regulations allow the Penalty Charge Notice to be posted to the registered keeper of the vehicle.

For the time being, we will not be applying the new powers to enforce double parking or parking across a dropped footway. Nor will it be using CCTV to enforce illegal parking or issue Penalty Charge Notices by post.  Local authorities across West Sussex already work in partnership with each other, to provide consistency and will adopt the same penalty charges across the county.

The Government Minister for Transport Rosie Winterton has recently said of Civil Parking Enforcement:

"The Government has been quite clear that parking enforcement must be fair, clear, consistent and based on robust evidence - we want to increase public confidence in parking.

Parking rules exist to help beat congestion and improve road safety. With more than 30 million vehicles on Britain's roads, just one vehicle parked in the wrong place can, and frequently does, cause traffic jams. It can also put other road users in danger.

However, there is a perception that motorists are sometimes unfairly penalised. To overcome this, from 31 March, we are introducing new powers to make parking enforcement fairer and easier to challenge."

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New tariffs for penalty charges - under the TMA 2004

Higher Tariff for more serious contraventions: £70.00

Lower Tariff for less serious contraventions: £50.00

Discount Rate if paid within 14 days: £35.00/£25.00

Increased rate if paid late (After the issue of charge certificate): £105.00/£75.00

The new regulations, contained within The Traffic Management Act Part 6 2004, cover on street and off street parking and aim to make parking fairer and more transparent and to provide motorists with a consistent service across the country.

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What happened when the TMA came into force on 31 March 2008

• Parking Attendants  became known as Civil Enforcement Officers
• There were now two levels of Penalty Charges depending on the severity of contraventions, and a list of these appears below
• The higher band in WSCC is £70.00 (reduced to £35.00 if paid within 14 days)
• The lower band in WSCC is £50.00 (reduced to £25.00 if paid within 14 days)
• The increased rate, if paid late, is £105.00 for higher band contraventions and £75.00 for lower band contraventions
• Civil Enforcement Officers became able to enforce double parking as well as parking across dropped footways. However, it should be noted that for the time being in West Sussex these powers will not be applied
• There is no longer be a need for a Penalty Charge Notice to be placed on a vehicle, or handed to a driver in order for it to be properly served. If a Civil Enforcement Officer for whatever reason is unable to serve the Notice it may be posted to the registered keeper/owner of the vehicle. However, it should be noted that for the time being in West Sussex these powers will not be applied. Nor will the County Council be using CCTV to enforce illegal parking
• Local authorities now publish and promote their parking enforcement policies openly and clearly. They will also regularly appraise these policies and consult motorists and businesses to ensure the system is working

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Higher band penalty charge contraventions

• Parked in restricted street during prescribed hours
• Parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force
• Parked in a residents' or shared use parking place without clearly displaying either a permit or voucher or pay and display ticket issued for that place
• Parked in a permit space without displaying a valid permit
• Using a vehicle in a parking place in connection with the sale or offering or exposing for sale of goods when prohibited
• Parked in a loading gap marked by a yellow line
• Parked in a suspended bay/space or part of bay/space
• Parked in a parking place or area not designated for that class of vehicle
• Parked in a loading place during restricted hours without loading
• Parked in a designated disabled person's parking place without clearly displaying a valid disabled person's badge
• Parked in a parking place designated for diplomatic vehicles
• Parked in a parking place designated for police vehicles
• Parked on a taxi rank
• Stopping where prohibited (on a clearway)
• Stopped on a restricted bus stop/stand
• Stopped in a restricted area outside a school
• Parked wholly or partly on a cycle track
• A commercial vehicle parked in a restricted street in contravention of the Overnight Waiting Ban
• Parked in contravention of a commercial vehicle waiting restriction
• Parked in contravention of a coach ban
• A heavy commercial vehicle wholly or partly parked on a footway, verge or land between two carriageways
• Parked in a loading area during restricted hours without reasonable excuse
• Using a vehicle in a parking place in connection with the sale or offering or exposing for sale of goods when prohibited
• Parked in a restricted area in a car park
• Parked in a permit bay without clearly displaying a valid permit
• Parked in a disabled person's parking space without clearly displaying a valid disabled person's badge
• Vehicle parked exceeds maximum weight and/or height and/or length permitted in the area
• Parked in a car park or area not designated for that class of vehicle

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Lower band penalty charge contraventions

• Parked without clearly displaying a valid pay and display ticket
• Parked after the expiry of paid for time
• Parked in a pay and display bay when penalty time is indicated
• Parked with payment made to extend the stay beyond initial time
• Parked at an out-of-order pay and display machine during controlled hours
• Parked displaying multiple pay and display tickets where prohibited
• Parked with engine running where prohibited
• Parked without clearly displaying 2 valid pay and display tickets when required
• Parked without payment of the parking charge
• Parked in a residents' parking space without clearly displaying a valid residents parking permit
• Parked in a residents' or shared use parking place displaying an invalid permit, an invalid voucher or an invalid pay and display ticket
• Re-parked in the same parking place within the no-return period
• Not parked correctly within the markings of the bay or space
• Parked for longer than permitted
• Parked in a disc parking place without clearly displaying a valid disc
• Parked in a disc parking place for longer than permitted
• Parked without payment of the parking charge
• Parked for longer than the maximum period permitted
• Parked after the expiry of paid for time
• Parked in a car park without clearly displaying a valid pay and display ticket
• Parked with additional payment made to extend the stay beyond time first purchased
• Parked beyond the bay markings
• Re-parked in a bay or space in a car park within the no return period
• Parked in car park when closed
• Parked in a pay and display car park without clearly displaying two valid pay and display tickets when required
• Parked in a parking place for a purpose other than the designated purpose for the parking place
• Parked with engine running where prohibited

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Tips on how to avoid getting a penalty charge notice

• Don't park on double yellow lines unless you are loading or unloading. Civil Enforcement Officers will observe vehicles to ensure that loading or unloading is taking place
• When purchasing a ticket on street or in a car park always make sure you 'buy' enough time to get the shopping done or have that meeting and get back to the car
• Make sure you display your parking ticket the correct side up
• Do not park on single yellow lines during restricted hours unless you are loading or unloading. There should be a sign nearby which tells you when the restriction is in force
• Park wholly within a marked bay. Taking up more than one bay is frustrating for other drivers trying to find a space and may result in receiving a penalty charge
• Keep some WSCC parking vouchers in your car or loose change to purchase a pay and display ticket. Don't risk going for change and leaving your car in a pay and display area without displaying a valid ticket
• Do not park in bays designated for other users such as bus stops, taxi ranks, disabled bays, and so on
• If you're a blue badge holder, please ensure that your badge is displayed photograph down so that the expiry date can easily be seen, and set the clock at your arrival time. Blue badge holders should not park in areas designated for other users and must not cause an obstruction to other road users

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