Decriminalisation of Parking

Parking is an everyday activity governing the lives of most citizens and it is fundamental that parking regulations should be applied and enforced consistently and fairly. However, the law enabling parking to be regulated and enforced is so complex, obscure and incomprehensible it makes the task of Local Authorities harder and militates against consistency and fairness.

The Road Traffic Act 1991 provides for decriminalisation of most non-endorsable on-street parking offences. Local authorities may apply to the Secretary of State for Orders decriminalising the offences within particular geographical areas. Section 43 of, and Schedule 3 to, the Road Traffic Act 1991 enables eligible local authorities outside London to apply to the Secretary of State for Orders creating Permitted Parking Areas (PPAs) and Special Parking Areas (SPAs). Within a PPA, contravention of Orders designating permitted on-street parking places, such as meter-bays, residents' and disabled persons' bays and free parking bays, will no longer be criminal offences and will become subject to new enforcement arrangements. Within an SPA, most other non-endorsable parking offences will be decriminalised and enforced by the Local Authority.

Where a Local Authority has rejected a vehicle owner's representation the right to appeal to the Parking Adjudicator arises. Consequently, the National Parking Adjudication Panel has stressed the importance of these new Orders being accurate and reflecting exactly what is marked on the ground. In fact, when a Local Authority applies for decriminalised parking they undertake to the Secretary of State that all their Traffic Regulation Orders have been reviewed. It is therefore imperative that the signing and lining covers exactly what is scheduled in the Traffic Regulation Orders. This will require checking and amendment of the current waiting restriction Orders prior to rescheduling within the new Order.

We accept the logistics of completing such a task may be beyond the workload capacity and/or knowledge base of your staff. Fortunately, through previous direct Local Authority experience, we are trained to undertake Traffic Regulation Order consultation and processing, including preparation of plans and schedules to the required standards. We will undertake to check every waiting restriction within a District or Borough, from which we can produce schedules of anomalies for each Order, showing what signing or lining changes would be required to correct the errors. We can then produce accurate schedules for any consolidation Orders that may be required. In some cases, where additional restrictions are marked on site that are not in any current Order, it may be necessary to include the additional restriction in a new Order.
Please contact us to discuss your requirements in greater detail.

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