London Local Authorities and transport for London Bill—continued
Part 2—continued
        House of Commons

 

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5      Disapplication of offences

(1)    This section applies to the following roads:—
(a)    GLA roads and GLA side roads (whether or not in the area of a participating council); and
(b)    any other road in the area of a participating council.
(2)    Section 8 of the Act of 1984 shall apply in respect of a road to which this section applies as if after subsection (1A), the following subsection were inserted:—
"(1B)    Subsection (1) above does not apply in relation to a prescribed order under section 3 (Penalty charges for road traffic contraventions) of the London Local Authorities and Transport for London Act 2002 or in relation to the lorry ban order (as defined in that section).".
(3)    Section 11 of the Act of 1984 shall apply in respect of a road to which this section applies as if after subsection (2), the following subsection were inserted:—
"(2A)    This section does not apply in relation to any prescribed order under section 3 (Penalty charges for road traffic contraventions) of the London Local Authorities and Transport for London Act 2002 or in relation to the lorry ban order (as defined in that section).".
(4)    Section 36 of the Road Traffic Act 1988 (c. 52) shall apply in respect of a road to which this section applies as if after subsection (1), the following subsection were inserted:—
"(1A)    Subsection (1) above does not apply in relation to a scheduled section 36 traffic sign within the meaning of section 3 (Penalty charges for road traffic contraventions) of the London Local Authorities and Transport for London Act 2002.".

6      Hired vehicles

(1)    This section applies where—
(a)    a penalty charge notice has been served under section 3 (Penalty charges for road traffic contraventions) of this Act on a vehicle-hire firm;
(b)    at the time of the alleged contravention the vehicle in respect of which the notice was served was let to another person by the vehicle-hire firm under a hiring agreement to which this section applies; and
(c)    within the period allowed for representations the firm provides Transport for London or the relevant participating council by or on whose behalf the notice was served, as the case may be, with the documents mentioned in subsection (2) below.
(2)    Those documents are a statement on an official form, signed by or on behalf of the firm, stating that at the time of the alleged contravention the vehicle concerned was hired under a hiring agreement to which this section applies, together with—
(a)    a copy of that hiring agreement; and
(b)    a copy of a statement of liability signed by the hirer under that hiring agreement.
(3)    In this section a “statement of liability” means a statement made by the hirer under a hiring agreement to which this section applies—
(a)    to the effect that the hirer acknowledges that he will be liable, as the owner of the vehicle, in respect of any section 3 contravention which may be committed with respect to the vehicle during the currency of the hiring agreement; and
(b)    giving such information as may be prescribed by the council or Transport for London, as the case may be.
(4)    In any case where this section applies, section 3 (Penalty charges for road traffic contraventions) and section 4 (Contraventions of lorry ban order: supplementary) of and Schedule 1 to this Act shall have effect as if—
(a)    any reference to the owner of the vehicle were a reference to the hirer under the hiring agreement; and
(b)    accordingly references in the said sections 3 and 4, and Schedule to a penalty charge notice include references to a notice served under the said section 3 as they apply by virtue of this section.
    This subsection does not apply to references to a penalty charge notice in this section.
(5)    In any case where this section applies, a person authorised in that behalf by the council or by Transport for London, as the case may be, to whom the documents mentioned in subsection (2) above are provided may, at any reasonable time within six months after service of the penalty charge notice (and on the production of his authority) require the firm to produce the originals of the hiring agreement and statement of liability in question.
(6)    If a vehicle-hire firm fails to produce the original of a document when required to do so under subsection (5) above, this section shall thereupon cease to apply (and the said sections 3 and 4 and Schedule shall apply accordingly in any such case after that time as they apply in a case where the person on whom the penalty charge notice was served has failed to make representations in response to the notice within the period allowed).
(7)    This section applies to a hiring agreement under the terms of which the vehicle concerned is let to the hirer for a fixed period of less than six months (whether or not that period is capable of extension by agreement between the parties or otherwise).
(8)    Any reference in this section to the currency of the hiring agreement includes a reference to any period during which, with the consent of the vehicle-hire firm, the hirer continues in possession of the vehicle as hirer, after the expiry of the fixed period specified in the agreement, but otherwise on the terms and conditions so specified.
(9)    In this section—
  “hiring agreement” refers only to an agreement which contains the prescribed particulars and does not include a hire-purchase agreement within the meaning of the Consumer Credit Act 1974 (c. 39);
  “prescribed particulars” means such particulars as may be prescribed by regulations under section 84 of the Road Traffic Offenders Act 1988 (c. 53) and which qualify an agreement as a hiring agreement under section 66(8) of that Act;
  “section 3 contravention” means a contravention of a prescribed order or a failure to comply with an indication given by a scheduled section 36 traffic sign, in respect of which contravention or failure a penalty charge is payable under the said section 3;
  “vehicle-hire firm” means any person engaged in hiring vehicles in the course of a business.

7      Disclosure of information

(1)    Any person who, apart from this section, would not have power to disclose information obtained by a participating council or Transport for London under this Act about the identity of the owner of a vehicle to—
(a)    a participating council;
(b)    Transport for London; or
(c)    a person acting on behalf of a participating council or Transport for London;
    shall have power to do so in any case where the disclosure is necessary for the purposes of enforcing any provision of the enactments mentioned in subsection (2) below.
(2)    The enactments referred to in subsection (1) above are—
(a)    the Refuse Disposal (Amenity) Act 1978 (c. 3);
(b)    Part II (Traffic in London) of the Road Traffic Act 1991 (c. 40);
(c)    Part II (Bus lanes) of the London Local Authorities Act 1996 (c. ix); and
(d)    sections 3 (Penalty charges for road traffic contraventions) and 4 (Contraventions of lorry ban order: supplementary) of this Act.

8      Parking: application of revenue

Section 55 of the Act of 1984 shall apply in respect of a participating council and Transport for London as if, at the end of paragraph (f) of subsection (4) the following paragraph were inserted:

"(fa)    in the case of a London authority, meeting costs incurred by the authority in respect of the maintenance of roads maintained at the public expense by them.".

9      False applications for parking authorisations

(1)    Insofar as subsection (2) of section 115 of the Act of 1984 relates to any authorisation which may be issued by a participating council or by Transport for London, proceedings for an offence under that section may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge: but no such proceedings shall be brought by virtue of this section more than three years after the commission of the offence.
(2)    For the purposes of subsection (1) above a certificate signed by or on behalf of the prosecutor, the participating council, or, as the case may be, Transport for London and stating the date on which evidence such as is mentioned in that subsection came to his or their knowledge, shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be signed unless the contrary is proved.

10     Parking at dropped footways

(1)    This section shall apply to any part of the carriageway of—
(a)    any GLA road or GLA side road in a special parking area (whether or not in the area of a participating council); and
(b)    any other road in a special parking area in the area of a participating council;
    adjacent to a dropped footway and which is not subject to an order under section 6 or section 9 of the Act of 1984 prohibiting the waiting of vehicles in that part of the carriageway.
(2)    A driver of a vehicle shall not at any time cause it to wait on a part of a road to which this section applies and the prohibition under this subsection shall be enforceable as if it had been imposed by an order under the said section 6.
(3)    Nothing in subsection (2) above shall require the placing of any traffic signs in connection with the prohibition thereby imposed.
(4)    In this section—
  “dropped footway” means any part of the footway or verge where it has been lowered to meet the level of the carriageway of a road for the purpose of—
(a)    assisting pedestrians crossing the road; or
(b)    assisting vehicles to enter or leave the road across the footway or verge;
  “special parking area” means a special parking area designated by an order made by the Secretary of State under section 76(1) of the Road Traffic Act 1991 (c. 40); and
  “road” has the same meaning as in section 142(1) of the Act of 1984.

11     Road Traffic Act 1991: statutory declarations

(1)    Paragraph 8 of Schedule 6 to the Road Traffic Act 1991 applies as follows insofar as it relates to matters arising from the issuing of a penalty charge notice under section 66 (Parking penalties in London) of that Act by a parking attendant employed by—
(a)    a participating council or Transport for London; or
(b)    any person with whom a participating council or Transport for London have made arrangements for the purposes of section 63A (Parking attendants) of the Road Traffic Regulation Act 1984 (c. 27).
(2)    After sub-paragraph (2) the following sub-paragraphs are inserted:—
"(2A)    A statutory declaration under this paragraph is invalid and subsection (5) below shall not apply in relation to the declaration if one or more of the following grounds is met—
(a)    the person who made the declaration claims that more than one of the grounds mentioned in sub-paragraph (2) above is met;
(b)    the declaration is not signed by any person purporting to make it;
(c)    the declaration is not signed by nor contains an address for a person purporting to be a witness to the signature of the person making it.
(2B)    The Secretary of State may by regulations amend sub-paragraph (2A) above by the addition of further grounds for a statutory declaration to be invalid.".
(3)    After sub-paragraph (3) the following sub-paragraph is inserted:—
"(3A)    In considering an application under sub-paragraph (3) above the district judge must take into consideration any representations made by the London Authority before the expiry of the period of 14 days beginning on the date on which copies of the application and the statutory declaration are served by the court on the London Authority.".
(4)    In sub-paragraph (5), at the beginning the words “Subject to sub-paragraph (5A) below” are inserted.
(5)    After sub-paragraph (5) the following sub-paragraph is inserted:—
"(5A)    Where–
(a)    sub-paragraph (4) above applies; and
(b)    the order of the court is deemed to have been revoked under sub-paragraph (5) above,
    the London authority concerned shall not be liable to pay the person making the declaration any sums other than the increased charge which was payable under the county court order.".

12     Vehicle crossings over footways and verges

(1)    Where—
(a)    the occupier of any premises adjoining or having access to a highway habitually takes or permits to be taken a mechanically propelled vehicle across a kerbed footway or a verge in the highway to or from those premises; and
(b)    the highway authority has not served a notice on the owner and occupier of the premises under section 184 (1) or (3) of the Act of 1980; and
(c)    the highway authority has not constructed a vehicle crossing under section 40 of the Highways Act 1971 (c. 41) or section 184 of the Act of 1980 (which replaces the said section); and
(d)    no crossing was constructed before the commencement of the said section 40;
    the relevant authority may serve a notice within the period specified in the notice, being no sooner than 28 days from the date on which the notice is served, requiring the occupier to cease taking or permitting to be taken mechanically propelled vehicles across the kerbed footway or verge.
(2)    In determining whether to exercise their powers under subsection (1) above, the relevant authority shall have regard to—
(a)    the need to prevent damage to a footway or verge;
(b)    the need to ensure so far as practicable, safe access to and egress from premises;
(c)    the need to facilitate, so far as practicable, the passage of vehicular traffic in and parking of vehicles on highways; and
(d)    the need to prevent obstruction of the footway or verge.
(3)    A notice under subsection (1) above shall inform the person on whom it is served of his right to object to the notice and shall state the effect of subsection (9) below.
(4)    A person on whom a notice is served under subsection (1) above may within 21 days from the date of his being served therewith serve an objection in writing on the highway authority.
(5)    The highway authority shall consider any objection served under subsection (4) above and, within 21 days from the date of their being served therewith—
(a)    serve a notice in writing on the person who served the objection stating that the notice under subsection (1) shall not be withdrawn; or
(b)    withdraw the notice.
(6)    A person on whom a notice under subsection (4) above is served may within 28 days from the date of his being served therewith appeal to the county court on any of the following grounds:—
(a)    that the notice is not justified by the terms of subsection (1) above;
(b)    that there has been some defect or error in, on in connection with, the notice;
(c)    that the requirement in the notice is unreasonable.
(7)    On an appeal to the county court under this section, the court shall make such order as it thinks fit.
(8)    A notice under subsection (1) above becomes effective—
(a)    in the case where no objection is served under subsection (4) above, at the expiration of the period during which the person served with the notice may serve an objection;
(b)    in the case where a notice is served by the council under subsection (5)(a) above, and no appeal is made under subsection (6) above at the expiration of the period during which the person served with the notice may appeal; or
(c)    where such an appeal is made and is unsuccessful on the date on which the order of the court is made.
(9)    Where a notice under subsection (1) above has become effective, the authority by whom the notice was served may execute such works as may be necessary to prevent mechanically propelled vehicles from being taken across the footway or verge, and may recover the expenses reasonably incurred by them in so doing from the owner or occupier of the premises in question.
(10)    If a person—
(a)    knowingly uses a footway or verge as a crossing in contravention of a notice given under subsection (1) above; or
(b)    knowingly permits it to be so used ; or
(c)    without reasonable excuse removes, damages, alters or defaces any works executed under subsection (9) above;
    he is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.
(11)    In this section—
  “the Act of 1980” means the Highways Act 1980 (c. 66);
  “highway” means a highway maintainable at the public expense by a participating council or by Transport for London; and
  “relevant authority” means—
(a)    a participating council, in respect of any kerbed footway or verge in any highway maintained by them; and
(b)    Transport for London in respect of a kerbed footway or verge in a highway maintained by them.

 

 
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