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traffic management act 2004
Howard0181
post Thu, 18 Apr 2019 - 17:20
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Can a local Council (London) introduce Traffic Management Act 2004....on Private Land....As an example on parking in parks (owned by Council) and on housing estates land (owned by Council).....

They are currently just ticketing via private contract and outsourcing.

Thanks for any advice.
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post Thu, 18 Apr 2019 - 17:20
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Incandescent
post Thu, 18 Apr 2019 - 18:39
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Well, have a read of it: -

https://www.legislation.gov.uk/ukpga/2004/18/contents

Do be aware that a lot of stuff in it has yet to be implemented, and may never be implemented due to the political row it would cause. It's a typical product of the last Labour government. Part 6 is the one of most interest to this forum.

QUOTE
Civil penalties for road traffic contraventions
(1)The appropriate national authority may make provision by regulations for or in connection with..........
(my bold, and underline)

So far only London is affected, hence swingeing penalties for yellow box junctions, barred RH or LH turns, etc

This post has been edited by Incandescent: Thu, 18 Apr 2019 - 18:53
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Howard0181
post Thu, 18 Apr 2019 - 18:52
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Sorry in a meeting discussing this.....Is it possible currently?

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Howard0181
post Thu, 18 Apr 2019 - 19:06
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They are stating that they can impose TMA 2004 on parking in parks. Any view?

Thanks
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DancingDad
post Thu, 18 Apr 2019 - 20:56
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Depends on what "they" are trying to do.
TMA applies off road in places like Car Parks.
If the right parking place orders are generated then no reason why a park cannot be included AFAIK.
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hcandersen
post Fri, 19 Apr 2019 - 06:11
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OP, you are asking the wrong questions.

TMA deals with the enforcement of 'road traffic contraventions'.

What are 'Road traffic contraventions subject to civil enforcement'?

See here:

https://www.legislation.gov.uk/ukpga/2004/18/schedule/7

Before I go into further detail, does your enquiry relate to Greater London or outside Greater London?
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Howard0181
post Fri, 19 Apr 2019 - 07:39
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Its in Greater London.

Just want to know if a Local Council can introduce PCN's under TMA 2004 in a local park
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hcandersen
post Fri, 19 Apr 2019 - 08:12
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Wrong question.

May a council control parking in a park under a parking order made pursuant to powers under s32 of the Road Traffic Regulation Act 1984?

Yes.

If they do, how may the restrictions be enforced?

In Greater London, and any further legislative action on the council's part, under the provisions of s2 of Part 1 of Schedule 7 to the TMA:

https://www.legislation.gov.uk/ukpga/2004/18/schedule/7

2(2)(b) refers.

So, in this instance may s32 be used?

https://www.legislation.gov.uk/ukpga/1984/27/section/32

Well, is it for the purpose of 'relieving or preventing congestion of traffic'?

This post has been edited by hcandersen: Fri, 19 Apr 2019 - 08:12
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spaceman
post Fri, 19 Apr 2019 - 12:35
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QUOTE (Howard0181 @ Fri, 19 Apr 2019 - 08:39) *
Its in Greater London.

Just want to know if a Local Council can introduce PCN's under TMA 2004 in a local park

Yes they can.

As an example, Greenwich Council do so in Greenwich Park.

This post has been edited by spaceman: Fri, 19 Apr 2019 - 12:36
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cp8759
post Sun, 21 Apr 2019 - 15:02
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QUOTE (Incandescent @ Thu, 18 Apr 2019 - 19:39) *
So far only London is affected, hence swingeing penalties for yellow box junctions, barred RH or LH turns, etc

Those are enforced under the London Local Authorities and Transport for London Act 2003 rather than the TMA.


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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DancingDad
post Sun, 21 Apr 2019 - 15:16
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QUOTE (cp8759 @ Sun, 21 Apr 2019 - 16:02) *
QUOTE (Incandescent @ Thu, 18 Apr 2019 - 19:39) *
So far only London is affected, hence swingeing penalties for yellow box junctions, barred RH or LH turns, etc

Those are enforced under the London Local Authorities and Transport for London Act 2003 rather than the TMA.

Cardiff enforces under Welsh TMA huh.gif
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cp8759
post Sun, 21 Apr 2019 - 15:18
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QUOTE (DancingDad @ Sun, 21 Apr 2019 - 16:16) *
QUOTE (cp8759 @ Sun, 21 Apr 2019 - 16:02) *
QUOTE (Incandescent @ Thu, 18 Apr 2019 - 19:39) *
So far only London is affected, hence swingeing penalties for yellow box junctions, barred RH or LH turns, etc

Those are enforced under the London Local Authorities and Transport for London Act 2003 rather than the TMA.

Cardiff enforces under Welsh TMA huh.gif

I think you'll find it's the Welsh regulations under the England & Wales TMA biggrin.gif


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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