Section 53 Civil penalties for parking contraventions: enforcementI1I2

Part 6 of the Traffic Management Act 2004 (civil enforcement of traffic contraventions) is amended as follows.

After section 78 (notification of penalty charge) insert—

Notification of penalty charge: parking contraventions in England

78A

(1)

Regulations under section 78 must include provision requiring notification of a penalty charge to be given by a notice affixed to the vehicle where the charge is in respect of a parking contravention on a road in a civil enforcement area in England.

(2)

The regulations may, however, provide that the requirement does not apply in circumstances specified in the regulations (which may be framed by reference to the type of contravention, the circumstances in which a contravention occurs or in any other way) and, where the regulations so provide, they may make any such alternative provision for notification as is authorised by section 78.

After section 87 insert—

Power to prohibit use of devices etc: parking contraventions in England

87A

(1)

The Secretary of State may by regulations make provision to prohibit the use by civil enforcement officers of a device of a description specified in the regulations, or of records produced by such a device, in connection with the enforcement of parking contraventions on a road in a civil enforcement area in England.

(2)

The prohibition may be—

(a)

general, or

(b)

limited to particular uses specified in the regulations.

(3)

The regulations may provide that a general or limited prohibition does not apply in circumstances specified in the regulations (which may be framed by reference to the type of contravention, the circumstances in which a contravention occurs or in any other way).

(4)

Regulations under this section may amend this Part or any provision made under it.