The Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2015

Statutory Instruments

2015 No. 561

Road Traffic, England

The Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2015

Made

5th March 2015

Laid before Parliament

6th March 2015

Coming into force

6th April 2015

The Secretary of State, in exercise of the powers conferred by sections 72, 73(3) and 89 of the Traffic Management Act 2004(1) makes the following Regulations—

Citation, commencement and application

1.—(1) These Regulations may be cited as the Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2015 and come into force on 6th April 2015.

(2) These Regulations apply in relation to England only.

Amendment

2.—(1) The Civil Enforcement of Parking Contraventions (England) General Regulations 2007(2) are amended as follows.

(2) In regulation 4 (imposition of penalty charges)—

(a) re-number the existing provision as (1);

(b) at the end insert—

“(2) Paragraph (3) applies in relation to a contravention mentioned in subparagraph (a) to (c) of paragraph (1) where a vehicle is stationary in a designated parking place and the vehicle has been left beyond the permitted parking period.

(3) No penalty charge is payable for the contravention where the vehicle has been left beyond the permitted parking period for a period not exceeding 10 minutes.

(4) In this regulation—

(a) “designated parking place” means a parking place established by virtue of an order made under section 1, 6, 9, 32(1)(b), 35 or 45 of the Road Traffic Regulation Act 1984(3);

(b) “permitted parking period” means—

(i) a period of parking that has been paid for as authorised by or under any order made relating to the designated parking place; or

(ii) a period of parking for which no charge is payable as authorised by or under any order made relating to the designated parking place.”

Eric Pickles

Secretary of State

Department of Communities and Local Government

5th March 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 (S.I. 2007/3483) together with the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 (S.I. 2007/3482) provide for the civil enforcement of parking contraventions in England (including Greater London) in accordance with Part 6 of the Traffic Management Act 2004 (c.18)

These Regulations amend the Civil Enforcement of Parking (England) General Regulations 2007 to introduce a ten minute grace period before a penalty charge is payable and a penalty charge notice can be served in relation to a parking contravention where a vehicle is stationary in an off street or on street permitted parking place and the vehicle has been left beyond the permitted parking period.

An impact assessment has not been produced in relation to these Regulations as it has no impact on business, charities or voluntary bodies.

(1)

2004 c.18 see section 92 for the meaning of “appropriate authority”.

(2)

S.I. 2007/3483

(3)

1984 c.27. Sections 1, 6 and 9 were amended by the New Roads and Street Works Act 1991 (c.22); section 35 was amended by the Parking Act 1989 (c.16); section 45 was amended by the Local Government Act 1985 (c.51), the Road Traffic Regulation (Parking) Act 1986 (c.27), the New Roads and Street Works Act 1991 (c.22) and the Greater London Authority Act 1999 (c.29).