Traffic Management Act 2004
From 31st March 2008 parking enforcement will change throughout the country with the implementation of Part 6 of the Traffic Management Act 2004 (TMA 2004). This is the biggest change in traffic management and parking enforcement since the introduction of Decriminalised Parking Enforcement in 1991 (when Councils were able to take on parking enforcement responsibility from the Police).
The Department of Transport have published a new framework designed to make parking enforcement more transparent, fairer and motorist friendly.
The new framework - which comes into force at the end of March - makes it clear that councils should not use parking enforcement as a tool for raising revenue, and should not set targets for the number of tickets issued. Councils are also encouraged to allow officers to use more discretion over when a ticket is issued - including using verbal warnings for minor contraventions.
Transport Minister Rosie Winterton said:
"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."
Councils outside London will be able to issue lower penalties for less serious parking contraventions and all local authorities will have to include details of procedures for appeals on tickets. Independent parking adjudicators will also get more power, including the right to ask local authorities to reconsider Penalty Charge Notices (PCNs) where motorists have mitigating circumstances.
The current system
The current system of Decriminalised Parking Enforcement (DPE) will become Civil Parking Enforcement (CPE), and Parking Attendants will be called Civil Enforcement Officers (CEO); although they must still be identified as undertaking parking enforcement.
There are two main differences that affect motorists under TMA 2004:
1. There will be two different levels (differential charging) of PCN. For example a vehicle parked on a yellow line restriction will be issued a PCN at the higher rate of £70 (£35 if paid within 14 days), whilst a vehicle parked over time in an off-street car park is not deemed to be as serious a contravention and will therefore be issued with a PCN at the lower rate of £50 (£25 if paid within 14 days). Refer to the list below showing parking contraventions with the applicable penalty charge level.
2. Another difference is that currently, if a motorist returns to their vehicle and drives away before the PCN is fixed to the vehicle or handed to the driver, this PCN is not deemed to be issued. However, the Traffic Management Act allows for PCNs to be served by post, if a vehicle has driven away once the notice has started to be issued and where an Enforcement Officer has been prevented from serving a notice.
Other changes under the TMA will enable local authorities to enforce Double Parking (vehicles being parked more than 50cm from the kerb) and Parking at Dropped Footways. There are also new powers to issue PCNs to vehicles parked on zigzag lines on the approach to pedestrian crossings.
Building on London experience, from 31 March the Act will empower authorities outside London to use cameras (CCTV) to detect parking contraventions where it is impractical or dangerous for an Enforcement Officer to operate.
Please Note:
The Council currently has no proposals to undertake parking enforcement using cameras (CCTV).
The Council will not be undertaking enforcement where vehicles are blocking dropped kerbs or issuing PCNs by post until such time as it has an approved enforcement policy covering these new contraventions and powers. The enforcement of dropped kerbs is also subject to clearer guidance being issued by the Department of