Parking Legislation History

As with everything else they do, the power of councils to enforce parking regulations derives ultimately from Acts of Parliament.

The Road Traffic Regulation Act 1984 first enabled councils to enforce certain parking acts, although parking offences were dealt with and enforcement action taken through the criminal court system. A considerable number of parking offences, primarily those concerning restricted (yellow line) parking remained the responsibility of the police and the police traffic warden service.

The Road Traffic Act 1991 brought about a number of key changes in the above arrangements. Parking “offences” enforced by councils were “decriminalised” and brought within the civil enforcement system. At the same time a number of additional enforcement responsibilities, such as restricted (yellow line) parking, were removed from the police and also given to councils.

The provisions of the Road Traffic Act 1991 were first implemented by the 33 London Boroughs during 1993/94. Since the late 1990s an increasing number of councils outside London have also taken up decriminalised enforcement powers. It is these councils in England and Wales, (not including London), for whom the Traffic Parking Tribunal provides the independent appeals service required by the Road Traffic Act 1991.

The Traffic Management Act 2004 (TMA 2004), s78 is the current legislation under which the Council operates Civil Parking Enforcement this came into force on 31st March 2008.

Under the TMA 2004, Decriminalised Parking Enforcement becomes known as Civil Parking Enforcement (CPE) and Parking Attendants become known as Civil Enforcement Officers (CEOs).

Before any council can take up civil enforcement powers it must first prepare a detailed proposal which is submitted to the Secretary of State for Transport (in England) or for Secretary of State for Wales. Only once this has been approved and the council’s scheme is deemed to be viable, will permission be given to prepare for and introduce a civil parking enforcement regime.

Legal powers to implement the scheme are granted formally through the enactment of what is known as an Order in Parliament, through the Statutory Instrument process. All councils operating civil parking must be in possession of such an Order, known as a Special Parking Area Order (SPA Order), before they commence enforcement.

Along with the Acts of Parliament mentioned above, The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 and The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 No. 3482 govern the management and conduct of parking appeals in England and Wales (outside London).

Many items of legislation, particularly recent ones, may be viewed on the Her Majesty’s Stationery Office website. Click on the link here to go straight to this site. http://www.legislation.hmso.gov.uk Copies should also be held at in main reference libraries and of course at HMSO shops.