Road Traffic Regulation Act 1984

45 Designation of paying parking places on highways. E+W+S

(1) [F1 Subject to Parts I to III of Schedule 9 to this Act and, in the case of a highway outside Greater London for which they are not the highway authority, to obtaining the consent of the highway authority, the local authority may by order designate parking places on highways in their area] for vehicles, or for vehicles of any class specified in the order; and the local authority may make charges for vehicles left in any parking place so designated of such amount as is prescribed under section 46 of this Act.

(2) An order under this section may designate a parking place for use (either at all times or at times specified in the order) only by such persons or vehicles, or such persons or vehicles of a class specified in the order, as may be authorised for the purpose by a permit from the authority operating the parking place [F2 or both by such persons or vehicles or classes of persons or vehicles and also, with or without charge and subject to such conditions as to duration of parking or times at which parking is authorised, by such other persons or vehicles, or persons or vehicles of such other class, as may be specified]; and

(a) in the case of any particular parking place and any particular vehicle, or any vehicle of a particular class, the authority operating the parking place . . . F3 may issue a permit for that vehicle to be left in the parking place while the permit remains in force, either at all times or at such times as may be specified in the permit, and

(b) except in the case of a public service vehicle, may make such charge in connection with the issue or use of the permit, of such amount and payable in such manner, as the authority by whom the designation order was made may by order prescribe.

(3) In determining what parking places are to be designated under this section the authority concerned shall consider both the interests of traffic and those of the owners and occupiers of adjoining property, and in particular the matters to which that authority shall have regard include—

(a) the need for maintaining the free movement of traffic;

(b) the need for maintaining reasonable access to premises; and

(c) the extent to which parking accommodation (whether open or covered) otherwise than on [F4 highways][F4 roads] is available in the neighbourhood or the provision of such parking accommodation is likely to be encouraged there by the designation of parking places under this section.

(4) The exercise by an authority of functions under this section shall not render the authority subject to any liability in respect of the loss of or damage to any vehicle in a parking place or the contents or fittings of any such vehicle.

(5) Nothing in this section shall affect the operation of section 6 or 32 of this Act.

(6) Subject to Parts I to III of Schedule 9 to this Act, where it appears to the authority concerned to be expedient to do so having regard to any objections duly made in respect of proposals made by that authority for a designation order . . . F5 they may, if they think fit, make an interim order pursuant to the proposals or application in respect of any one or more of the sites affected, or in respect of any part of any of those sites, and postpone for further consideration the making of any further order in pursuance of the proposals or application.

(7) In this section and in sections 46 to 55 of this Act, “local authority”—

(a) in England, means the council of a county [F6 , metropolitan district] or London borough or the Common Council of the City of London;

(b) in Wales, means the council of a county or of a district; and

(c) in Scotland, means the local [F7 roads] authority,

and “the local authority”, in relation to a parking place or proposed parking place on any site, in England or Scotland means the local authority (as defined above) in whose area the site is and in Wales means each of the two councils (of the county and the district respectively) in whose area the site is.

Textual Amendments

F1 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(19)(a)

F2 Words inserted by Road Traffic Regulation (Parking) Act 1986 (c. 27, SIF 107:1), s. 1(a)

F3 Words repealed by Road Traffic Regulation (Parking) Act 1986 (c. 27, SIF 107:1), s. 1(b)

F4 Word “roads" substituted (S.) for word “highways" by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 128(1), Sch. 9 para. 93(18)(b)

F5 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17

F6 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(19)(b)

F7 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 128(1), Sch. 9 para. 93(18)(c)

Modifications etc. (not altering text)

C1 S. 45 restricted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(2), Sch. 5 paras. 6(3), 12