Arrangement of Clauses (Contents)

London Local Authorities and Transport for London (No. 2) Bill—continued


 

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21Builders' skips: requirements as to lighting and covering

On or after the appointed day, conditions of the type referred to in section 139(2)(e) of the 1980 Act to which a permission under section 139 of the 1980 Act may be made subject, may include conditions that skips have a light or lights or a guard or system of guarding that is or are an integral part of the skip.

22Builders' skips: provision of lighting and covering by highway authority
(1)Subsection (2) applies if a builder's skip is found by a relevant highway authority to be deposited on a highway in Greater London and the skip—
(a)is not lighted or covered in accordance with the conditions of a permission under section 139 of the 1980 Act;
(b)was deposited without a permission under that section having been obtained; or
(c)is not properly lighted during the hours of darkness (or is not marked in accordance with regulations made under section 139(4)(a) of the 1980 Act).
(2)Where this section applies, the relevant highway authority in question may themselves light, cover or mark the skip or cause it to be lighted, covered or marked.
(3)Any expenses reasonably incurred by a relevant highway authority in the lighting, covering or marking of a skip under subsection (2) may be recovered from the owner of the skip in any court of competent jurisdiction or summarily as a civil debt.
(4)The owner of a skip is not liable to pay a penalty charge under section 20 in relation to a failure to secure that a condition or requirement relating to the lighting, covering or marking of the skip was complied with if the failure resulted from the lighting, covering or marking of the skip under subsection (2).

23Builders' skips: immobilisation devices
(1)Where a penalty charge notice has been served in accordance with section 61 of the 2007 Act in relation to a penalty charge payable under section 20(3), an authorised officer of the relevant highway authority or a person acting under his direction may fix an immobilisation device to the builder's skip concerned while it remains in the place where it was found.
(2)On any occasion when an immobilisation device is fixed to a skip in accordance with this section, the person fixing the device shall also fix to the skip a notice—
(a)indicating that such a device has been fixed to the skip and warning that no attempt should be made to move it until it has been released from that device;
(b)specifying the steps to be taken in order to secure its release; and
(c)warning that unlawful removal of an immobilisation device is an offence.
(3)A notice fixed to a vehicle in accordance with this regulation shall not be removed or interfered with except by or under the authority of—
(a)the owner of the skip; or
(b)the relevant highway authority.
(4)A person contravening subsection (3) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(5)Any person who, without being authorised to do so in accordance with this section, removes or attempts to remove an immobilisation device fixed to a skip in accordance with this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

24Release of immobilised skips
(1)A skip to which an immobilisation device has been fixed in accordance with section 23 may only be released from that device by or under the direction of a person authorised by the relevant highway authority to give such a direction.
(2)Subject to subsection (1), such a skip shall be released from the device on payment in any manner specified in the notice fixed to the vehicle under section 23(2) of—
(a)the penalty charge payable in respect of the contravention in question; and
(b)such charge in respect of the release as may be required by the relevant highway authority.

25Appeals in relation to immobilisation
(1)If the owner of a skip makes representations under section 62(1) of the 2007 Act to a relevant highway authority in an immobilisation case, and the relevant highway authority accepts that a ground specified in section 20(6) applies, it shall, when it serves notice that it accepts that ground, refund (in addition to a sum representing the penalty charge paid) a sum representing the amount of any charge paid under section 24(2)(b).
(2)If the owner of a skip appeals to an adjudicator under section 62 of the 2007 Act to a relevant highway authority (or regulations made under that section) in an immobilisation case, and the adjudicator accepts that a ground specified in section 20(6) applies the adjudicator shall direct the relevant highway authority to refund (in addition to a sum representing the penalty charge paid) a sum representing the amount of any charge paid under section 24(2)(b).
(3)It shall be the duty of a relevant highway authority to which a direction is given under subsection (2) to comply with it forthwith.
(4)In this section an "immobilisation case" means a case where a penalty charge notice has been served in accordance with section 61 of the 2007 Act in relation to a penalty charge payable under section 20(3) and an immobilisation device has been fixed to the skip under section 23.

Part 5

Road Traffic

26Recovery of exceptional traffic management and waste clearance costs
(1)This section applies in respect of—
(a)any sporting event or any entertainment that, in either case, is put on for commercial gain in Greater London (including an event that is one of a number of similar events put on at the same location at different times);
(b)the making of a film in circumstances where the traffic authority has temporarily prohibited or restricted the use of a road under section 16A of the Road Traffic Regulation Act 1984 (c. 27) as modified by section 12 of the London Local Authorities and Transport for London Act 2008.
(2)A traffic authority or a borough council may recover from the relevant person any specified expenditure reasonably incurred by them as a result of the particular sporting event, entertainment or film making in question, if the expenditure is not otherwise recovered from that person.
(3)This section does not apply in respect of—
(a)the London Olympics, within the meaning of the London Olympic Games and Paralympic Games Act 2006 (c. 12) (see section 1(1) and (2) of that Act) and including any other event connected with or ancillary to the London Olympics and organised by the Olympic Delivery Authority or the London Organising Committee;
(b)the performance of a play at any theatre other than an exceptional performance;
(c)the showing of a film at any cinema other than an exceptional showing.
(4)In subsection (3)(b) and (c), "exceptional performance" and "exceptional showing" mean a performance or showing such as a premiere or opening performance which attracts or is expected to attract a crowd outside the theatre or cinema.
(5)In this section—

"the relevant person" means—

(a)as regards subsection (1)(a), the occupier of the premises or other land at which an event or entertainment to which this section applies takes place or, if the premises or land are not occupied, the owner of the premises;
(b)as regards subsection (1)(b) the person carrying out the filming;

"specified expenditure" means—

(a)in the case of a traffic authority, expenditure incurred in taking steps to ensure the safety of and minimise disruption to users of the highway;
(b)in the case of a borough council, expenditure incurred in complying with their duties under sections 89(1) and (2) of the Environmental Protection Act 1990 (c. 43) (duty to keep land and highways clear of litter and duty to keep highways and roads clean) within a reasonable distance of the event, entertainment or film making in question.

27Recovery of costs: appeals
(1)A person on whom a demand is made by a traffic authority or a borough council for expenditure recoverable under this section may appeal against it to a magistrates' court in accordance with the provisions of this section.
(2)An appeal under this section must be made within a period of 21 days beginning with the day on which the demand is made.
(3)The grounds on which an appeal under this section may be made are that—
(a)there is a material defect or error in, or in connection with, the demand;
(b)the demand should have been made on another person;
(c)no expenditure recoverable under this section was reasonably incurred by the traffic authority or the borough council in respect of the event, entertainment or film making in question;
(d)the demand is unfair or unduly onerous.
(4)A demand against which an appeal under this section is made is of no effect pending the final determination or withdrawal of the appeal.
(5)On the determination of an appeal under this section, the magistrates' court must—
(a)quash the demand;
(b)modify the demand (including modifying it by reducing the amount demanded or extending any period specified in it for repayment); or
(c)dismiss the appeal.

28Advanced stopping areas for cyclists: general
(1)This section and sections 29 and 30 shall have effect on and after the appointed day.
(2)Where the road marking described in subsection (3) has been placed in conjunction with light signals, for the purposes of the regulations "stop line" in relation to those light signals means—
(a)the first stop line, in the case of a vehicle (other than a pedal cycle) which has not proceeded beyond that line; or
(b)the second stop line, in the case of—
(i)a pedal cycle; or
(ii)any other vehicle which has proceeded beyond the first stop line.
(3)The road marking mentioned in subsection (2) is the same as shown in diagram 1001.2 but without the cycle lane and with the first stop line extending from the left hand edge of the carriageway to the right hand longitudinal line.
(4)Where road marking 1001.2 has been placed in conjunction with light signals and the cycle lane (or where there is more than one cycle lane any one of those lanes) is obstructed, for the purposes of the regulations, "stop line" in relation to those light signals means, in relation to pedal cycles, the second stop line.
(5)In this section and sections 29 and 30

"the cycle lane", "the first stop line" and "the second stop line" when used in relation to the road marking described in subsection (3) have the same meanings as in regulation 43(2) of the regulations when used in relation to road marking 1001.2;

"the red light signal" means the red light signal when displayed by the light signals prescribed by regulation 33 (including as varied by regulation 34) or regulation 35 of the regulations;

"the regulations" means the Traffic Signs Regulations and General Directions 2002 (S. I. 2002 No. 3113) as may be varied or replaced, and a reference in this section to an individual regulation includes any equivalent regulation replacing it;

"road marking 1001.2" means the road marking shown in diagram 1001.2 in the regulations or any equivalent diagram in regulations varying or replacing them.

29Advanced stopping areas for cyclists: 2003 Act
(1)A penalty charge is payable with respect to a motor vehicle under section 4 of the 2003 Act (penalty charges for road traffic contraventions) if—
(a)the person driving or propelling the vehicle—
(i)fails to comply with the red light signal; or
(ii)drives or propels the vehicle in the cycle lane; and
(b)road marking 1001.2 or the road marking described in section 28(2) has been placed in conjunction with the light signals in question.
(2)The modifications set out in subsections (2) to (4) of section 7 of the 2003 Act (disapplication of offences) shall not apply in respect of a failure to comply with the red light signal, in the circumstances mentioned in subsection (1).
(3)A penalty charge shall not be payable under the said section 4 in relation to a failure or contravention of the type described in subsection (1)(a) where—
(a)the conduct constituting the failure or contravention is the subject of criminal proceedings; or
(b)a fixed penalty notice, as defined by section 52 of RTOA 1988, has been given in respect of that conduct.
(4)Where, despite the provisions of subsection (3)—
(a)a penalty charge has been paid in respect of a failure or contravention; and
(b)the circumstances are as mentioned in subsection (3)(a) or (b), the London authority in question shall, as soon as reasonably practicable after those circumstances come to their notice, refund the amount of the penalty charge.

30Advanced stopping areas for cyclists: 2004 Act
(1)An offence committed in Greater London of the type described in subsection (2) shall be regarded as a moving traffic contravention for the purposes of Part 4 of Schedule 7 to the 2004 Act.
(2)The type of offence referred to in subsection (1) is an offence under section 36 of RTA 1988 of failing to comply with the red light signal in circumstances where road marking 1001.2 or the road marking described in section 28(2) has been placed in conjunction with the light signals in question.

31Gated roads
(1)Any person who opens, closes or otherwise operates or interferes with a relevant barrier without lawful excuse shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(2)In subsection (1) a "relevant barrier" means any barrier lawfully placed in on or over a highway by or on behalf of a traffic authority in London for the purpose of preventing or restricting the passage of vehicles or any class of vehicles into out of or along a highway.

32Cycling on the footway: variation of fixed penalty levels
(1)This section applies in an area in which a community safety accreditation scheme is established and maintained; and—
(a)for the purposes of that scheme the Police Commissioner has entered into arrangements under section 41 of the 2002 Act (accreditation under community safety accreditation schemes) with at least one London authority; and
(b)those arrangements enable the accreditation of employees of the London authority or authorities to specify that paragraph 1 of Schedule 5 to the 2002 Act applies to those employees and that the powers mentioned in sub-paragraph 1(2)(a) of that Schedule (giving of fixed penalties in respect of offences under the section 72 of the Highway Act 1835 (c. 50)(riding on a footway) committed by cycling) are exercisable by those employees.
(2)In any area where this section applies, the relevant London authority or the relevant London authorities jointly may prescribe the level of fixed penalty under Part III of RTOA 1988 for a relevant offence.
(3)Different levels of fixed penalty may be prescribed for different cases or different classes of case and for different areas.
(4)Where levels of fixed penalty have been fixed in accordance with this section in respect of any area, section 53 of RTOA 1988 (amount of fixed penalty) shall cease to apply in respect of relevant offences.
(5)Levels of fixed penalties set by London authorities in accordance with this section may only come into force in accordance with section 33.
(6)London authorities shall publish the levels of fixed penalties which have been set by them in accordance with this section—
(a)in the London Gazette; and
(b)in such other manner as the Secretary of State may determine.
(7)In this section—

"the 2002 Act" means the Police Reform Act 2002 (c. 30);

"community safety accreditation scheme" means a community safety accreditation scheme established under section 40 of the 2002 Act;

"the Police Commissioner" means the Commissioner of Police of the Metropolis or the Commissioner of the City Police, as the case may be;

"relevant London authority" means a London authority with whom arrangements have been entered into by the Police Commissioner for the purposes of a community safety accreditation scheme, as mentioned in subsection (1);

"relevant offence" means an offence under the section 72 of the Highway Act 1835 (c. 50)(riding on a footway) committed by cycling.

 

 
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Prepared 4 August 2008