Traffic Management Act 2004
Civil Parking Enforcement and The
Traffic Management Act 2004
(TMA2004)
Traffic Management Act 2004 – The need
for change
Since the introduction in 1993 (starting with
the London boroughs) of Decriminalised Parking Enforcement (DPE) or
Local Authority Enforcement, there has been increasing public
concern about the way in which parking is regulated and
enforced. DPE was introduced in Harlow in November 2003
(Statutory Instrument 2003 No. 2440).
In an attempt to address some of the issues,
the British Parking Association (BPA) commissioned
Richard Childs, a former Chief Constable, to undertake an
independent, strategic review of the way DPE is operated,
throughout the country and to recommend improvements to the
system.
Richard Childs carried out six months of
investigation and research that included meeting with a number of
stakeholders. These included a steering group of key people
from within the parking industry and from other businesses and
public sector organisations. He also consulted with motoring
organisations. The outcome of the DPE review was a report
(The Childs report ) with over 40 recommendations
for the operation of on-street parking management throughout the
UK.
During July 2005 the British Parking
Association (BPA) released a review of Decriminalised Parking
Enforcement (DPE). The review, which was part funded by the
Department for Transport (DfT), was designed to
assist the Government in putting together Statutory Guidance notes
in respect of the Traffic Management Act 2004.
The TMA2004 will consolidate (bring under one
umbrella) all previous legislation, relating to parking enforcement
and will bring all Local Authorities up to date with the further
legislation and guidance that has been given to the London Local
Authorities since the introduction of the Road Traffic Act 1991.
Under the TMA2004, parking enforcement will be known as Civil
Parking Enforcement (CPE).
Key objectives of Civil Parking
Enforcement
The Department for Transport has published
Statutory Guidance which all Local Authorities
with a Civil Parking Enforcement (CPE) scheme must follow.
The Key Objectives of CPE are listed in the Statutory Guidance, as
follows:
1. CPE should contribute to the
authority’s transport objectives. A good CPE regime is one that
uses quality-based standards that the public understands, and which
are enforced fairly, accurately and expeditiously.
2.Enforcement authorities should aim to
increase compliance with parking restrictions through clear, well
designed, legal and enforced parking controls. CPE provides a means
by which an authority can effectively deliver wider transport
strategies and objectives. Enforcement authorities should not view
CPE in isolation or as a way of raising revenue
3. Enforcement authorities should design
their parking policies with particular regard to:
managing the traffic network to ensure
expeditious movement of traffic, (including pedestrians and
cyclists), as required under the TMA Network Management
Duty.
improving road safety;
·improving the local environment;
improving the quality and accessibility
of public transport;
meeting the needs of people with disabilities,
some of whom will be unable to use public transport and depend
entirely on the use of a car; and managing and reconciling the
competing demands for kerb space.
Road Traffic Act 1991 and Traffic
Management Act 2004 – Main differences
General changes
The Traffic Management Act 2004 introduces a
number of changes which seek to make for a fairer, more consistent
and more accountable system of parking regulation and
enforcement. Parking enforcement staff are required to be
trained to nationally recognised standards to provide a
professional service.
Legislation
The Road Traffic Act 1991 is
the primary legislation for Decriminalised Parking Enforcement
(DPE)
The Traffic Management Act
2004 is the primary legislation for Civil Parking
Enforcement (CPE)
Enforcement Staff
Under The Road Traffic Act 1991, uniformed
enforcement staff are known as Parking Attendants
(PAs).
Under The Traffic Management Act 2004,
uniformed enforcement staff are known as Civil Enforcement
Officers (CEOs).
Enforcement Areas
Under The Road Traffic Act 1991, enforcement
areas were known as
Special Parking Areas
(SPAs)
Under The Traffic Management Act 2004,
enforcement areas are known as
Civil Enforcement Areas
(CEAs)
Notice Processing
Once a Penalty Charge Notice has been issued
to a motorist, any contact with the Local Authority then passes to
the Back Office Notice Processing Staff. The TMA2004 sets out
strict new timescales for each stage of the process and sets new
time limits for the Back Office staff to respond to the
motorist.
See Penalty Charge Notices
(PCNs) section of this website.
Penalty Charge Notices (by
post)
Normally, a PCN is either fixed to the
windscreen or handed to the person who appears to be in charge of
the vehicle at the time of the contravention.
The TMA2004 makes it possible for a Local
Authority to serve a PCN by post provided that there is
evidence
(a) from an “Approved
Device” CCTV camera
(b) that the Civil Enforcement
Officer was prevented by violence from serving the PCN at the time
of the contravention.
(c) that the Civil
Enforcement Officer had started to issue the PCN but did not have
enough time to serve it before the vehicle was driven away and
would otherwise have to write off or cancel the PCN.
Postal PCNs should be sent within 14 days of
the contravention. The absolute deadline is within 28 days of the
contravention (except in special circumstances) For full details
refer to Statutory Instrument 2007 No 3483 The Civil
Enforcement of Parking Contraventions (England) General Regulations
2007
Authorities must give a
discount period – currently set at 21 days – for a PCN issued on
the basis of evidence from an approved device.
Appeals
The National Parking Adjudication
Service (NPAS)is the independent body for appeals about
Penalty Charge Notices (PCNs) issued under the
RTA91
The Traffic Penalty Tribunal
(TPT)is the independent body for appeals about Penalty
Charge Notices (PCNs) issued under the TMA2004
Parking Contraventions &
Differential Penalty Charges
The Secretary of State and the Mayor for
London have agreed that authorities must issue two different levels
of penalty charges in their area. Differential penalty
charges were introduced in London in July 2007 and outside London
on 31 March 2008.
Parking in a place where it is always
prohibited (such as on a red route, on double yellow lines,
or in a disabled bay without displaying a valid
badge) is considered more serious than overstaying where parking is
permitted (e.g. in a parking place). There is a
perceived unfairness of receiving the same penalty regardless of
the seriousness of the contravention. For this reason, and in order
to emphasise the traffic management purposes of CPE, enforcement
authorities must apply different parking penalties to different
contraventions.
Under the RTA91, all Parking Contraventions in
Harlow result in a £60 Penalty Charge Notice (reduced to £30 if
payment is received within 14 days)
Under the TMA2004, Parking Contraventions have
been split into two groups; more serious contraventions & less
serious contraventions. Therefore two charging levels will be
used for PCNs.
In Harlow these are as follows:
More Serious / Higher Charge £70
(reduced to £35 if payment is received within
14 days)
Less Serious / Lower Charge £50
(reduced to £25 if payment is received within
14 days)
Typical examples of More Serious
contraventions are:
Contravention Code 01 “Parked in a restricted
street during prescribed hours”
(Parked on a single or double yellow line
during prescribed hours)
Contravention Code 02 “Parked or loading /
unloading in a restricted street where waiting and loading /
unloading restrictions are in force”
(Parked on a single or double yellow line with
kerb blips)
Contravention Code 12 “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”
Typical examples of Less Serious
contraventions are:
Contravention Code 05 “Parked after the expiry
of paid for time”
Contravention Code 06 “Parked without clearly
displaying a valid pay & display ticket”
Contravention Code 07 “Parked with payment
made to extend the stay beyond initial time” (commonly known as
meter feeding)