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Arrangement of Clauses (Contents)

London Local Authorities and transport for London Bill
 

A BILL

To confer further powers upon local authorities in London and upon Transport for London; and for related purposes.

WHEREAS

(1) It is expedient that the powers of London borough councils and the Common Council of the City of London (hereinafter referred to as “London borough councils”) and of Transport for London should be extended and amended as provided in this Act:

(2) It is expedient that London borough councils and Transport for London should have powers of enforcement in relation to certain road traffic offences:

(3) It is expedient that further provision should be made in relation to parking in London:

(4) It is expedient that provision be made about vehicle crossings over footways and verges:

(5) It is expedient that provision be made about street works:

(6) It is expedient that provision be made enabling fixed penalty notices to be served in respect of certain offences:

(7) It is expedient that provision be made about the removal of things unlawfully placed on the highway:

(8) It is expedient that the other provisions contained in this Act should be enacted:

(9) The purposes of this Act cannot be effected without the authority of Parliament:

(10) In relation to the promotion of the Bill for this Act the Westminster City Council have complied with the requirements of section 239 of the Local Government Act 1972 (c. 70) and the other participating councils (namely, the Common Council of the City of London and all the other London borough councils except Hillingdon) have complied with the requirements of section 87 of the London Government Act 1985 (c. 51):

(11) In relation to the promotion of the Bill for this Act Transport for London have complied with the requirements of section 167 of and Schedule 13 to the Greater London Authority Act 1999 (c. 29):

(12) In relation to the promotion of the Bill for this Act the London borough councils have acted through their representation in the Association of London Government, a statutory joint committee whose membership is made up from members of all the London borough councils:

May it therefore please your Majesty that it may be enacted, and be it enacted, by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

PART 1

PRELIMINARY

1      Citation and commencement

(1)    This Act may be cited as the London Local Authorities and Transport for London Act 2002 and except where otherwise provided shall come into operation at the end of the period of two months beginning with the date on which it is passed.
(2)    The London Local Authorities Acts 1990 to 2000 and this Act may together be cited as the London Local Authorities Acts 1990 to 2002.

2      Interpretation

(1)    In this Act, except as otherwise expressly provided or unless the context otherwise requires—
  “the Act of 1984” means the Road Traffic Regulation Act 1984 (c. 27); and
  “participating council” means the Common Council of the City of London in its capacity as a local authority and the council of any London borough other than Hillingdon and “borough” and “council” shall be construed accordingly.
(2)    For the purposes of this Act, the owner of a vehicle shall be taken to be the person by whom the vehicle is kept.
(3)    In determining, for the purposes of this Act, who was the owner of a vehicle at any time, it shall be presumed that the owner was the person in whose name the vehicle was at that time registered under the Vehicle Excise and Registration Act 1994 (1994 c. 22).

PART 2

ROAD TRAFFIC AND HIGHWAYS

3      Penalty charges for road traffic contraventions

(1)    This section applies where—
(a)    in relation to a GLA road or GLA side road (whether or not in the area of a participating council), Transport for London, or, subject to subsection (3) below, the relevant participating council; or
(b)    in relation to any other road in the area of a participating council, the relevant participating council, or subject to subsection (4) below, Transport for London;
    have reason to believe (whether or not on the basis of information provided by a camera or other device) that a penalty charge is payable under this section with respect to a vehicle.
(2)    Transport for London, or, as the case may be, the relevant participating council may serve a penalty charge notice—
(a)    in relation to a penalty charge payable by virtue of subsection (5) below, on the person appearing to them to be the owner of the vehicle; and
(b)    in relation to a penalty charge payable by virtue of subsection (7) below, on either or both of the following:—
(i)    the person appearing to them to be the operator in respect of the vehicle; and
(ii)    the person appearing to them to be the person who was in control of the vehicle at the time of the contravention.
(3)    The relevant participating council shall not exercise the power exercisable by virtue of subsection (1)(a) above unless they have obtained the consent in writing of Transport for London.
(4)    Transport for London shall not exercise the power exercisable by virtue of subsection (1)(b) above unless they have obtained the consent in writing of the relevant participating council.
(5)    Subject to subsection (6) below, for the purposes of this section, a penalty charge is payable with respect to a vehicle by the owner of the vehicle if the person in charge of the vehicle—
(a)    acts in contravention of a prescribed order; or
(b)    fails to comply with an indication given by a scheduled section 36 traffic sign.
(6)    No penalty charge shall be payable under subsection (5)(a) above by the owner of a vehicle who acts in contravention of a prescribed order in any case where by reason of him so acting he also fails to comply with an indication given by a scheduled section 36 traffic sign.
(7)    For the purposes of this section, a penalty charge is payable with respect to a vehicle by—
(a)    the operator in respect of the vehicle; and
(b)    the person in control of the vehicle;
    if the person in control of the vehicle acts in contravention of the lorry ban order.
(8)    Subject to subsections (5)(a) and (6)(a) of section 4 (Contraventions of lorry ban order: supplementary) of this Act, a penalty charge notice under this section must state—
(a)    the grounds on which the council or, as the case may be, Transport for London believe that the penalty charge is payable with respect to the vehicle;
(b)    the amount of the penalty charge which is payable;
(c)    that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;
(d)    that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;
(e)    that, if the penalty charge is not paid before the end of the 28 day period, an enforcement notice may be served by the council or, as the case may be, Transport for London on the person appearing to them to be the owner of the vehicle;
(f)    the address to which payment of the penalty charge must be sent; and
(g)    the effect of paragraph 2 of Schedule 1 to this Act.
(9)    In subsection (8)(d) above, “specified proportion” means such proportion, applicable in all cases, as may be determined for the purposes of this section by the appointing authorities acting through the Joint Committee.
(10)    Schedule 1 to this Act shall have effect with respect to penalty charges under this section, enforcement notices and other matters supplementary to the provisions of this section; and the functions of traffic adjudicators under that Schedule shall be discharged by the persons who are appointed as parking adjudicators under section 73 of the Act of 1991.
(11)    Regulations under section 73(11) of the Act of 1991 (provision as to procedure to be followed in relation to proceedings before parking adjudicators) may make provision with respect to proceedings before parking adjudicators when exercising the functions of traffic adjudicators; and any regulations under that subsection in force at the coming into operation of this section shall, with any necessary modifications, apply in relation to such proceedings.
(12)    The references to a parking adjudicator or parking adjudicators in section 73(13) to (15) and (17) and (18) of the Act of 1991 shall include references to a parking adjudicator or parking adjudicators exercising the functions of traffic adjudicators but section 73(15) of that Act shall not apply to a penalty charge under this section which remains payable following an adjudication under paragraph 6 of Schedule 1 to this Act.
(13)    Section 74 of the Act of 1991 shall, apply in relation to the levels of penalty charges under this section as it applies in relation to the levels of (among other charges) penalty charges under Part II of that Act.
(14)    No provision in this section shall apply to any vehicle on an occasion when it is being used for fire brigade, ambulance or police purposes.
(15)    Schedule 2 to this Act shall have effect with respect to financial provisions relating to the provisions of this section.
(16)    In this section—
  “the Act of 1991” means the Road Traffic Act 1991 (c. 40.);
  “Joint Committee” means the Joint Committee established under section 73 of the Act of 1991;
  “prescribed order” means an order under section 6 or 9 of the Act of 1984 which makes provision for a relevant traffic control;
  “relevant traffic control” means any requirement, restriction or prohibition (other than a requirement, restriction or prohibition under the lorry ban order) which is or may be conveyed by a scheduled traffic sign;
  “road” has the same meaning as in the Act of 1984;
  “scheduled section 36 traffic sign”means—
(a)    a scheduled traffic sign of a type to which section 36 (Drivers to comply with traffic signs) of the Road Traffic Act 1988 (c. 52) applies by virtue of regulations made under section 64(3) of the Act of 1984; but
(b)    does not include a traffic sign which indicates any prohibition or restriction imposed by the lorry ban order;
  “scheduled traffic sign” means a traffic sign of a type described in Schedule 3 to this Act;
  “traffic sign” has the meaning given by section 64(1) of the Act of 1984.
(17)    In this section and section 4 (Contraventions of lorry ban order: supplementary) of this Act—
  “driver's notice” means a penalty charge notice served under subsection (2)(b)(ii) above on the person appearing to have been the person in control of the vehicle at the time of the alleged contravention of the lorry ban order;
  “the lorry ban order” means the Greater London (Restriction of Goods Vehicles) Traffic Order 1985 made by the Greater London Council under section 6 of the Act of 1984, as amended, replaced or substituted by any subsequent order;
  “operator” in respect of a vehicle means the holder of any operator's licence in respect of that vehicle under section 2 of the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23);
  “operator's notice” means a penalty charge notice served under subsection (2)(b)(i) above on the person appearing to be the operator in respect of a vehicle;
  “relevant participating council” means the participating council in whose area the alleged contravention or failure occurred.
(18)    In determining, for the purposes of any provision of this Act, whether a penalty charge has been paid before the end of a particular period, it shall be taken to be paid when it is received by the council concerned, or as the case may be, Transport for London.
(19)    The Secretary of State may, by regulations, amend Schedule 3 to this Act by adding any traffic signs to the list of traffic signs in the Schedule.

4      Contraventions of lorry ban order: supplementary

(1)    An operator's notice shall state that before the end of the period of 14 days beginning with the date of the notice, the operator in respect of the vehicle must provide the relevant participating council, or as the case may be, Transport for London, with the name and address of the person who was in control of the vehicle when the alleged contravention of the lorry ban order took place.
(2)    Any person who in response to a requirement stated in a penalty charge notice by virtue of subsection (1) above fails to comply with the requirement shall be guilty of an offence unless he shows to the satisfaction of the court that—
(a)    he was not the operator of the vehicle at the time the alleged contravention of the lorry ban order took place; or
(b)    he did not know, and could not with reasonable diligence have ascertained, who was the person in control of the vehicle.
(3)    Any person who in response to a requirement stated in a penalty charge notice by virtue of subsection (1) above gives information which is false in a material particular and does so recklessly or knowing it to be false in that particular shall be guilty of an offence.
(4)    Any person guilty of an offence under subsection (2) or (3) above shall be liable on summary conviction—
(a)    in the case of subsection (2) to a fine not exceeding level 3 on the standard scale; and
(b)    in the case of subsection (3) to a fine not exceeding level 5 on the standard scale.
(5)    In the case where an operator's notice is served on the person appearing to be the operator in respect of the vehicle, the provisions of this Act mentioned below shall have effect as follows:—
(a)    for the references, in subsection (8)(e) of section 3 (Penalty charges for road traffic contraventions) of and sub-paragraph 1(1) of Schedule 1 to this Act, to the person appearing to the council or, as the case may be Transport for London, to be the owner of the vehicle there shall be substituted references to the person appearing to the relevant participating council or, as the case may be Transport for London, to be the operator in respect of the vehicle;
(b)    for sub-paragraph 2(4)(a) of the said Schedule 1 there shall be substituted—
"(a)    that the recipient was not the operator in respect of the vehicle at the time the alleged contravention of the order took place;";
(c)    sub-paragraphs 2(4)(c), (5) and (6) of the said Schedule 1 shall be omitted; and
(d)    after paragraph 2(4) of the said Schedule 1 the following sub-paragraph shall be inserted:—
"(4A)    Where the ground mentioned in sub-paragraph (4)(a) above is relied on in any representations made under this paragraph, those representations must include a statement of the name and address of the operator in respect of the vehicle at the time of the alleged contravention of such order (if that information is in his possession).".
(6)    In the case where a driver's notice in respect of a penalty charge to which this section applies is served under subsection (1) of the said section 3 on the person appearing to have been in control of the vehicle at the time of the alleged contravention, the provisions of this Act mentioned below shall have effect as follows:—
(a)    for the references, in subsection (8)(e) of the said section 3 and sub-paragraph 1(1) of the said Schedule 1, to the person appearing to the relevant participating council or, as the case may be Transport for London, to be the owner of the vehicle there shall be substituted references to the person appearing to the council or, as the case may be Transport for London, to be the person in control of the vehicle at the time of the alleged contravention of the lorry ban order;
(b)    for sub-paragraph 2(4)(a) of the said Schedule 1 there shall be substituted—
"(a)    that the recipient was not the person in control of the vehicle at the time the alleged contravention of the lorry ban order took place;";
(c)    sub-paragraphs 2(4)(c), (5) and (6) of the said Schedule 1 shall be omitted; and
(d)    after paragraph 2(4) of the said Schedule 1 the following sub-paragraph shall be inserted:—
"(4A)    Where the ground mentioned in sub-paragraph (4)(a) above is relied on in any representations made under this paragraph, those representations must include a statement of the name and address of the person in control of the vehicle at the time of the alleged contravention of such order (if that information is in his possession).".
(7)    In the case where, under paragraph 2(4) of the said Schedule 1 as so applied and having effect in accordance with subsections (5) or (6) above the relevant participating council or as the case may be Transport for London is provided with the name and address of—
(a)    the operator in respect of the vehicle; or
(b)    the person who was in control of the vehicle at the time of the alleged contravention of the lorry ban order,
    they may serve a fresh penalty charge notice on either of those persons, or both.

 

 
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Prepared 4 December 2001