OpenLegislation

The Civil Enforcement of Moving Traffic Contraventions Designations and Miscellaneous Amendments Order 2022

S.I. 2022/686 · Made 20 June 2022

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

This Statutory Instrument has been printed to correct errors in S.I. 2021/1125 and in S.I. 2022/71 and is being issued free of charge to all known recipients of those Statutory Instruments.

Road Traffic, England

Made 20th June 2022

Laid before Parliament 21st June 2022

Coming into force

Articles 1 and 4 14th July 2022

Remainder 15th July 2022

The Secretary of State makes this Order in exercise of the powers conferred by sections 72, 79, 81(9)(b) and 89(3) of, paragraphs 8(1) and 10(1) of Schedule 8 to, paragraph 8 of Schedule 9 to, and paragraph 3(1) of Schedule 10 to, the Traffic Management Act 2004f1 (“the Act”).

Oxfordshire County Council has applied to the Secretary of State for an order to be made in exercise of the powers in paragraph 8(1) of Schedule 8 to, and paragraph 3(1) of Schedule 10 to, the Act in respect of part of its area.

Oxfordshire County Council, Bath and North East Somerset Council, Buckinghamshire Council, Derby City Council, Hampshire County Council, Reading Borough Council, Surrey County Council, Kent County Council, Norfolk County Council, Durham County Council and Bedford Borough Council have each applied to the Secretary of State for an order to be made in exercise of the powers in paragraph 10(1) of Schedule 8 to the Act in respect of part of their respective areas. Luton Borough Council has applied to the Secretary of State for an order to be made in exercise of those powers in respect of the whole of the Borough of Luton.

The Secretary of State has consulted the Chief Constable of the Thames Valley Police in accordance with the requirements of paragraph 8(3) of Schedule 8 to, and paragraph 3(4) of Schedule 10 to, the Act.

The Secretary of State has consulted the Chief Constables of the Thames Valley Police, the Avon and Somerset Police, the Derbyshire Constabulary, the Hampshire Constabulary, the Bedfordshire Police, the Surrey Police, the Kent Police, the Norfolk Constabulary and the Durham Constabulary in accordance with the requirements of paragraph 10(4) of Schedule 8 to the Act.

Annotations to the whole text

Footnotes

f1

2004 c. 18. Section 79 was amended by paragraph 48 of Schedule 1 to the Disability Discrimination Act 2005 (c. 13). Section 81 was amended by paragraph 39 of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007 (c. 15) and by S.I. 2006/1016. The Secretary of State is the “appropriate national authority” as regards England for the purposes of Part 6 of the Traffic Management Act 2004, by virtue of section 92(1) of that Act.

Contents

  1. Part 1: Introductory Provisions
  2. 1Citation, commencement, extent and application
  3. 2Interpretation
  4. Part 2: Designation of civil enforcement areas
  5. 3Designation of civil enforcement areas for moving traffic contraventions
  6. Part 3: Miscellaneous amendments
  7. 4Amendment of the Civil Enforcement of Parking Contraventions Designation Order 2021
  8. 5Amendment of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022
  9. 6Amendment of the Removal and Disposal of Vehicles Regulations 1986
  10. Signature
  11. Explanatory note

1Citation, commencement, extent and application

(1)

This Order may be cited as the Civil Enforcement of Moving Traffic Contraventions Designations and Miscellaneous Amendments Order 2022.

(2)

This article and article 4 come into force on 14th July 2022.

(3)

The remaining provisions of this Order come into force on 15th July 2022.

(4)

This Order extends to England and Wales, but applies only in England.

2Interpretation

In this Order “relevant date” means the date on which this Order is made.

3Designation of civil enforcement areas for moving traffic contraventions

The Secretary of State designates each of the following areas as a civil enforcement area for moving traffic contraventions—

(a)

the part of the area of Oxfordshire County Council designated as a civil enforcement area for parking contraventions and as a special enforcement area by article 3 of, and Schedule 1 to, the Civil Enforcement of Parking Contraventions Designation Order 2021f1 as it had effect immediately before 15th July 2022;

(b)

the part of the area of the District of Bath and North East Somerset designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (District of Bath and North East Somerset) Order 2003f2 as it had effect immediately before the relevant date;

(c)

the parts of the area of Buckinghamshire Council—

(i)

designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Buckinghamshire) (District of Aylesbury Vale) Order 2003f3 and the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Buckinghamshire) (District of Chiltern) Order 2005f4, as each had effect immediately before the relevant date;

(ii)

designated as a civil enforcement area for parking contraventions and as a special enforcement area by the Civil Enforcement of Parking Contraventions (County of Buckinghamshire) (District of Wycombe) Designation Order 2008f5 and by article 3(1) and 3(2)(a) of, and Schedule 1 to, the Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) and Civil Enforcement of Parking Contraventions Designation (No. 2) Order 2012f6, as each had effect immediately before the relevant date;

(d)

the part of the area of The Derby City Council designated as a civil enforcement area for parking contraventions and as a special enforcement area by article 3(1) and 3(2)(a) of, and Schedule 1 to, the Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) and Civil Enforcement of Parking Contraventions Designation Order 2012f7 as it had effect immediately before the relevant date;

(e)

the parts of the area of Hampshire County Council—

(i)

designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire, City of Winchester) Order 1996f8, the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (District of Hart) Order 2002f9, the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (Borough of Rushmoor) Order 2002f10, the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (Borough of Basingstoke and Deane) Order 2002f11, the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (Borough of Test Valley) Order 2003f12, the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (Borough of Eastleigh) Order 2004f13, the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (Borough of Havant) Order 2005f14, the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (District of New Forest) Order 2005f15 and the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (Borough of Fareham) Order 2007f16, as each had effect immediately before the relevant date;

(ii)

designated as a civil enforcement area for parking contraventions and as a special enforcement area by article 3(1) and 3(2)(b) of, and Schedules 2 and 3 to, the Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) and Civil Enforcement of Parking Contraventions Designation Order 2012 and by article 3(1) and 3(2)(a) of the Civil Enforcement of Parking Contraventions Designation (No. 2) Order 2020f17, as each had effect immediately before the relevant date;

(f)

the part of the area of the Reading Borough Council designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Reading) Order 2000f18 as it had effect immediately before the relevant date;

(g)

the Borough of Luton;

(h)

the part of the area of Surrey County Council designated as a civil enforcement area for parking contraventions and as a special enforcement area by article 3(1) and 3(2)(d) of, and Schedule 2 to, the Civil Enforcement of Parking Contraventions Designation (No. 2) Order 2020 as it had effect immediately before the relevant date;

(i)

the parts of the area of Kent County Council—

(i)

designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (Borough of Maidstone) Order 1997f19, the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (District of Thanet) Order 1999f20, the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (City of Canterbury) Order 1999f21, the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (Borough of Swale) Order 1999f22, the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (District of Sevenoaks) Order 1999f23, the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (Borough of Tunbridge Wells) Order 1999f24, the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (Borough of Gravesham) Order 1999f25, the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (District of Shepway) Order 2000f26, the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (Borough of Tonbridge and Malling) Order 2000f27, the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (Borough of Ashford) Order 2000f28 and the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (District of Dover) Order 2001f29, as each had effect immediately before the relevant date;

(ii)

designated as a civil enforcement area for parking contraventions and as a special enforcement area by article 3(1) and 3(2)(c) of, and Schedule 4 to, the Civil Enforcement of Parking Contraventions Designation Order 2011f30 as it had effect immediately before the relevant date;

(j)

the part of the area of Norfolk County Council—

(i)

designated as a permitted parking area and as a special parking area by the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Norfolk) (City of Norwich) Order 2002f31 as it had effect immediately before the relevant date;

(ii)

designated as a civil enforcement area for parking contraventions and as a special enforcement area by article 3(1) and 3(2)(d) of, and Schedule 5 to, the Civil Enforcement of Parking Contraventions Designation Order 2011 as it had effect immediately before the relevant date;

(k)

the part of the area of Durham County Council designated as a civil enforcement area for parking contraventions and as a special enforcement area by article 3(1) and 3(2)(b) of, and Schedule 2 to, the Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) and Civil Enforcement of Parking Contraventions Designation Order 2013f32 as it had effect immediately before the relevant date; and

(l)

the part of the area of Bedford Borough Council designated as a civil enforcement area for parking contraventions and as a special enforcement area by the Civil Enforcement of Parking Contraventions (Bedford) Designation Order 2009f33 as it had effect immediately before the relevant date.

4Amendment of the Civil Enforcement of Parking Contraventions Designation Order 2021

(1)

The Civil Enforcement of Parking Contraventions Designation Order 2021 is amended as follows.

(2)

In Schedule 1 (the part of the area of Oxfordshire County Council designated as a civil enforcement area for parking contraventions and special enforcement area)—

(a)

in paragraph 2(5)(b), for “A234” substitute “A423”;

(b)

in paragraph 2(5)(c), for “A43” substitute “A44”.

5Amendment of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022

(1)

The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022f1 are amended as follows.

(2)

In regulation 14 (limitations on the power to immobilise vehicles)—

(a)

in paragraph (4), for “the appropriate period has” substitute “15 minutes have”;

(b)

omit paragraphs (5) to (7).

(3)

In regulation 16 (appointment etc of adjudicators), omit paragraph (8).

(4)

In regulation 34 (transitional provisions and savings in connection with the revocation of the 2007 General Regulations: existing contraventions, existing offences and related matters), in sub-paragraph (a) of the definition of “existing offence” in paragraph (5) for “11(1)” substitute “11(2)”.

(5)

Omit regulation 35 (transitional provisions and savings: outstanding penalty charges).

(6)

In schedule 3 (guidelines for the setting by enforcement authorities of charges for relevant road traffic contraventions etc outside Greater London), in paragraph 3 omit “relevant”.

(7)

In schedule 4 (consequential amendments), in paragraph 3(3)(a) for “General Parking Regulations” substitute “Parking General Regulations”.

6Amendment of the Removal and Disposal of Vehicles Regulations 1986

(1)

The Removal and Disposal of Vehicles Regulations 1986f1 are amended as follows.

(2)

In regulation 5C (power of civil enforcement officers to remove vehicles in a civil enforcement area for parking contraventions in England)—

(a)

in paragraph (3), for “the appropriate period has” substitute “15 minutes have”;

(b)

in paragraph (4), omit the definitions of “the appropriate period”, “outstanding” and “penalty charge”.

Signature

Signed by authority of the Secretary of State for Transport

Vere

Parliamentary Under Secretary of State for Transport

Department for Transport

20th June 2022

Explanatory note

(This note is not part of the Order)

This Order designates part of the following local authority areas as moving traffic contravention civil enforcement areas for the purposes of Part 6 of the Traffic Management Act 2004: Oxfordshire County Council, Bath and North East Somerset Council, Buckinghamshire Council, Derby City Council, Hampshire County Council, Reading Borough Council, Surrey County Council, Kent County Council, Norfolk County Council, Durham County Council and Bedford Borough Council. This Order also designates the whole of the Borough of Luton as a civil enforcement area for moving traffic contraventions for the purposes of Part 6 of the Traffic Management Act 2004. Each of the areas designated is the same as, or falls within, the area already designated by the local authority for the enforcement of parking contraventions.

The practical effect of the Order is to enable the local authorities mentioned in the preceding paragraph to enforce moving traffic contraventions within all or part of their areas (as applicable) through a civil law regime.

The Order also amends the Civil Enforcement of Parking Contraventions Designation Order 2021 (“the 2021 Order”), the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 (“the 2022 Regulations”), and the Removal and Disposal of Vehicles Regulations 1986 (“the 1986 Regulations”).

The Order amends paragraphs 2(5)(b) and 2(5)(c) in Schedule 1 to the 2021 Order to correct typographical errors in the names of the roads which are excluded from the civil enforcement area in the area of Oxfordshire County Council for parking contraventions.

The Order amends regulation 14 of the 2022 Regulations to change the requirements regarding the minimum period which must elapse before an immobilisation device can be fixed to a vehicle following certain parking contraventions. Following the amendment, this period will be 15 minutes in all circumstances. In consequence of this change, regulation 35 of the 2022 Regulations is no longer required and has therefore been revoked. The other amendments to the 2022 Regulations made by the Order consist of minor corrections.

The Order amends regulation 5C of the 1986 Regulations to change the requirements regarding the minimum period which must elapse before a vehicle can be removed following certain parking contraventions. Following the amendment, this period will be 15 minutes in all circumstances.

A full Impact Assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary, or public sector is foreseen. An Explanatory Memorandum has been prepared for this Order and is available alongside this Order on the UK Legislation website www.legislation.gov.uk.