Explanatory Notes

Traffic Management Act 2004

2004 CHAPTER 18

22 July 2004

Commentary on Sections

Part 6: Civil Enforcement of Traffic Contraventions.Background

Specific provision for Wales and for London

Section 74 and Schedule 8: Civil enforcement areas

202.Section 74 and Schedule 8 establish (and enable the establishment of) geographical areas in which there will be civil enforcement for one or more classes of contravention that are subject to civil enforcement. These provisions also identify the enforcement authority for such areas. Part 1 of Schedule 8 covers enforcement in London and Part 2 enforcement outside London. All areas where decriminalised parking enforcement has been introduced under the Road Traffic Act 1991 will become civil enforcement areas for parking contraventions.

203.The whole of Greater London will be a civil enforcement area for parking contraventions within paragraph 2 of Schedule 7 (contraventions relating to parking places). The whole of London will also be a civil enforcement area for bus lane contraventions and for London lorry ban contraventions. A London local authority or Transport for London may declare its own area to be a civil enforcement area for moving traffic contraventions, and the Secretary of State may make an order, on the application of a London local authority, designating all or part of that authority’s area to be a civil enforcement area for parking contraventions within paragraph 3 of Schedule 7. Outside London the appropriate national authority will be able by order to designate additional local authority areas as civil enforcement areas for enforcement in respect of parking or (in existing civil enforcement areas for parking) bus lane or moving traffic contraventions.