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Parking Act 1989

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1 Parking devices.E+W+S

(1)Section 35 of the M1Road Traffic Regulation Act 1984 (provisions as to use of parking places provided by local authorities under section 32 or 33 of that Act) shall be amended as follows.

(2)At the end of subsection (1) (power to make orders) there shall be inserted “and the power under paragraph (iii) to make provision as to the payment of charges shall include power to make provision requiring those charges, or any part of them, to be paid by means of the hire or purchase in advance, or the use, of parking devices in accordance with the order.”

(3)After subsection (3) there shall be inserted the following subsections—

(3A)An order under subsection (1) above may also provide—

(a)for regulating the issue, use and surrender of parking devices;

(b)for requiring vehicles to display parking devices when left in any parking place in respect of which the parking devices may be used;

(c)without prejudice to the generality of paragraph (b) above, for regulating the manner in which parking devices are to be displayed or operated;

(d)for prescribing the use, and the manner of use, of apparatus, of such type as may be approved by the Secretary of State either generally or specially, designed to be used in connection with parking devices;

(e)for treating—

(i)the indications given by a parking device, or

(ii)the display or the failure to display a parking device on or in any vehicle left in any parking place,

as evidence (and, in Scotland, as sufficient evidence) of such facts as may be provided by the order;

(f)for the refund, in such circumstances and in such manner as may be prescribed in the order, of the whole or part of the amount of any charge paid in advance in respect of a parking device;

(g)for the payment of a deposit in respect of the issue of a parking device and for the repayment of the whole or any part of any such deposit.

(3B)In this section and in section 35A below “parking device” means either a card, disc, token, meter, permit, stamp or other similar device, whether used in a vehicle or not, of such type or design as may be approved by the Secretary of State either generally or specially, which, being used either by itself, or in conjunction with any such apparatus as is referred to in subsection (3A)(d) above—

(a)indicates, or causes to be indicated, the payment of a charge, and—

(i)the period in respect of which it has been paid and the time of the beginning or end of the period, or

(ii)whether or not the period for which it has been paid or any further period has elapsed, or

(iii)the period for which the vehicle in relation to which the parking device is used is permitted to park in the parking place, and the time of the beginning or end of the period, or

(iv)whether or not the period for which the vehicle in relation to which the parking device is used is permitted to park in the parking place or any further period has elapsed; or

(b)operates apparatus controlling the entry of vehicles to or their exit from the parking place, or enables that apparatus to be operated;

or any other device of any such description as may from time to time be prescribed for the purposes of this section and section 35A below by order made by the Secretary of State, and of such type or design as may be approved by the Secretary of State either generally or specially.

(3C)An order under subsection (3B) above which revokes or amends a previous order under that subsection may make such saving and transitional provision as appears to the Secretary of State to be necessary or expedient.

(3D)The power to make orders under subsection (3B) above is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament..

(4)Subsections (4) to (7) shall cease to have effect.

(5)The amendments in the said section 35 made by this section shall not affect the validity of orders under subsection (1) of that section made before the commencement of this section.

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