Office of Public Sector Information
(1) This Act may be cited as the London Local Authorities and Transport for London Act 2003 and, except for—
section 4 (Penalty charges for road traffic contraventions);
section 5 (Contraventions of lorry ban order: supplementary);
section 7 (Disapplication of offences); and
section 16 (Vehicle crossings over footways and verges),
shall come into operation at the end of the period of two months beginning with the date on which it is passed.
(2) The said sections 4, 5, 7 and 16 shall come into operation on the appointed day.
(3) This Act and the London Local Authorities Acts 1990 to 2000 may be cited together as the London Local Authorities Acts 1990 to 2003.
(1) In this Act—
“the Act of 1984” means the Road Traffic Regulation Act 1984 (c. 27);
“borough council” means London borough council and includes the Common Council of the City of London in its capacity as a local authority and “borough” and “council” shall be construed accordingly.
(2) Subject to paragraph 1(8) of Schedule 1 to this Act, the owner of a vehicle for the purposes of this Act, shall be taken to be the person by whom the vehicle is kept.
(3) Subject to the said paragraph 1(8), in determining, for the purposes of this Act, who was the owner of a vehicle at any time, it shall be presumed that the owner was the person in whose name the vehicle was at that time registered under the Vehicle Excise and Registration Act 1994 (c. 22).
(1) In subsection (2) of section 1 (Citation and commencement) of this Act “the appointed day” means such day as may be fixed—
(a) in relation to a borough by resolution of the borough council; or
(b) in relation to a GLA road or a GLA side road by a decision of Transport for London,
subject to and in accordance with the provisions of this section.
(2) Different days may be fixed under this section for the purpose of the application of different provisions of this Act to a borough.
(3) Different days may be fixed under this section for the purpose of the application of the provisions of this Act to different GLA roads or GLA side roads.
(4) But no day fixed under this section may be before the end of the period of two months beginning with the date on which this Act is passed.
(5) The borough council or Transport for London shall cause to be published in a local newspaper circulating in their area and in the London Gazette notice—
(a) of the passing of any such resolution or taking of any such decision and of a day fixed thereby; and
(b) the general effect of the provisions of this Act coming into operation as from that day,
and the day so fixed shall not be earlier than the expiration of three months from the publication of the said notice.
(6) Either a photostatic or other reproduction certified by the officer appointed for that purpose by the borough council or by Transport for London to be a reproduction of a page or part of a page of any such newspaper or the London Gazette bearing the date of its publication and containing any such notice shall be evidence of the publication of the notice, and of the date of publication.
(7) In subsection (5) above, “their area” in relation to Transport for London means the area of any borough council in which the GLA road or GLA side road to which the resolution or decision relates is situated.
(1) This section applies where—
(a) in relation to a GLA road or GLA side road, Transport for London or, subject to subsection (3) below, the relevant borough council; or
(b) in relation to any other road in the area of a borough council, the relevant borough council or, subject to subsection (4) below, Transport for London,
have reason to believe (whether or not on the basis of information provided by a camera or other device) that a penalty charge is payable under this section with respect to a motor vehicle.
(2) Transport for London or, as the case may be, the relevant borough council may serve a penalty charge notice—
(a) in relation to a penalty charge payable by virtue of subsection (5) below, on the person appearing to them to be the owner of the vehicle; and
(b) in relation to a penalty charge payable by virtue of subsection (7) below, on either or both of the following—
(i) the person appearing to them to be the operator of the vehicle; and
(ii) the person appearing to them to be the person who was in control of the vehicle at the time of the contravention.
(3) The relevant borough council shall not exercise the power exercisable by virtue of subsection (1)(a) above unless they have obtained the consent in writing of Transport for London.
(4) Transport for London shall not exercise the power exercisable by virtue of subsection (1)(b) above unless they have obtained the consent in writing of the relevant borough council.
(5) Subject to subsection (6) below, for the purposes of this section, a penalty charge is payable with respect to a motor vehicle by the owner of the vehicle if the person driving or propelling the vehicle—
(a) acts in contravention of a prescribed order; or
(b) fails to comply with an indication given by a scheduled section 36 traffic sign.
(6) No penalty charge shall be payable under subsection (5)(a) above where—
(a) the person acting in contravention of the prescribed order also fails to comply with an indication given by a scheduled section 36 traffic sign; or
(b) the contravention of the prescribed order would also give rise to a liability to pay a penalty charge under section 77 of the Road Traffic Act 1991 (c. 40).
(7) For the purposes of this section, a penalty charge is payable with respect to a vehicle by—
(a) the operator of the vehicle; and
(b) the person in control of the vehicle,
if the person in control of the vehicle acts in contravention of the lorry ban order.
(8) A penalty charge notice under this section must—
(a) state—
(i) the grounds on which the council or, as the case may be, Transport for London believe that the penalty charge is payable with respect to the vehicle;
(ii) the amount of the penalty charge which is payable;
(iii) that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;
(iv) that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;
(v) that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable;
(vi) the amount of the increased charge;
(vii) the address to which payment of the penalty charge must be sent; and
(viii) that the person on whom the notice is served may be entitled to make representations under paragraph 1 of Schedule 1 to this Act; and
(b) specify the form in which any such representations are to be made.
(9) The Secretary of State may by regulations prescribe additional matters which must be dealt with in any penalty charge notice.
(10) In subsection (8)(a)(iv) above, “specified proportion” means such proportion, applicable in all cases, as may be determined for the purposes of this section by the appointing authorities acting through the Joint Committee.
(11) Schedule 1 to this Act shall have effect with respect to representations against penalty charge notices, and other matters supplementary to the provisions of this section.
(12) Subject to subsection (13) below, sections 74 and 74A of the Road Traffic Act 1991 (c. 40) shall apply in relation to the levels of penalty charges under this section as they apply in relation to the levels of (among other charges) penalty charges under Part II of that Act.
(13) Before setting the level of any charges under the said section 74 as applied by subsection (12) above, the borough councils and Transport for London shall consult such bodies as in their opinion are sufficiently representative of such road users as would be affected by the imposition of such charges.
(14) No provision in this section shall apply to any vehicle on an occasion when it is being used for fire brigade, ambulance or police purposes.
(15) Schedule 2 to this Act shall have effect with respect to financial provisions relating to the provisions of this section.
(16) In this section—
“Joint Committee” means the Joint Committee established under section 73 of the Road Traffic Act 1991;
“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;
“prescribed order” means an order under section 6 or 9 of the Act of 1984 which makes provision for a relevant traffic control;
“relevant traffic control” means any requirement, restriction or prohibition (other than a requirement, restriction or prohibition under the lorry ban order) which is or may be conveyed by a scheduled traffic sign;
“road” has the same meaning as in the Act of 1984;
“scheduled section 36 traffic sign” means—
a scheduled traffic sign of a type to which section 36 (Drivers to comply with traffic signs) of the Road Traffic Act 1988 (c. 52) applies by virtue of regulations made under section 64(5) of the Act of 1984; but
does not include a traffic sign which indicates any prohibition or restriction imposed by the lorry ban order;
“scheduled traffic sign” means a traffic sign of a type described in Schedule 3 to this Act;
“traffic sign” has the meaning given by section 64(1) of the Act of 1984.
(17) In this section and section 5 (Contraventions of lorry ban order: supplementary) of this Act—
“driver’s notice” means a penalty charge notice served under subsection (2)(b)(ii) above on the person appearing to have been the person in control of the vehicle at the time of the alleged contravention of the lorry ban order;
“the lorry ban order” means the Greater London (Restriction of Goods Vehicles) Traffic Order 1985 made by the Greater London Council under section 6 of the Act of 1984, as amended, replaced or substituted by any subsequent order;
“operator of a vehicle” means the holder of any operator’s licence in respect of that vehicle under section 2 of the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23);
“operator’s notice” means a penalty charge notice served under subsection (2)(b)(i) above on the person appearing to be the operator of a vehicle;
“relevant borough council” means the borough council in whose area the alleged contravention or failure occurred.
(18) In determining, for the purposes of any provision of this Act, whether a penalty charge has been paid before the end of a particular period, it shall be taken to be paid when it is received by the council concerned, or as the case may be, Transport for London.
(19) The Secretary of State may, by regulations, amend Schedule 3 to this Act by—
(a) adding any traffic signs to the list of traffic signs in the Schedule; or
(b) making any other amendments to the Schedule as may be necessary as a consequence of any amendment, replacement or substitution of the Traffic Signs Regulations and General Directions 2002 (S.I. 2002 No. 3113).
(1) An operator’s notice shall state that before the end of the period of 14 days beginning with the date of the notice, the operator of the vehicle must provide the relevant borough council, or as the case may be, Transport for London, with the name and address of the person who was in control of the vehicle when the alleged contravention of the lorry ban order took place.
(2) Any person who in response to a requirement stated in a penalty charge notice by virtue of subsection (1) above fails to comply with the requirement shall be guilty of an offence unless he shows to the satisfaction of the court that—
(a) he was not the operator of the vehicle at the time the alleged contravention of the lorry ban order took place; or
(b) he did not know, and could not with reasonable diligence have ascertained, who was the person in control of the vehicle.
(3) Any person who in response to a requirement stated in a penalty charge notice by virtue of subsection (1) above gives information which is false in a material particular and does so recklessly or knowing it to be false in that particular shall be guilty of an offence.
(4) Any person guilty of an offence under subsection (2) or (3) above shall be liable on summary conviction—
(a) in the case of subsection (2) to a fine not exceeding level 3 on the standard scale; and
(b) in the case of subsection (3) to a fine not exceeding level 5 on the standard scale.
(5) In the case where an operator’s notice is served on the person appearing to be the operator of the vehicle, the provisions of this Act mentioned below shall have effect as follows—
(a) for paragraph 1(4)(a) of Schedule 1 there shall be substituted—
“(a) that the recipient was not the operator of the vehicle at the time the alleged contravention of the order took place;”;
(b) paragraph 1(4)(c) and (d), (5) and (6) of Schedule 1 shall be omitted; and
(c) after paragraph 1(4) of Schedule 1 the following sub-paragraph shall be inserted—
“(4A) Where the ground mentioned in sub-paragraph (4)(a) above is relied on in any representations made under this paragraph, those representations must include a statement of the name and address of the operator of the vehicle at the time of the alleged contravention or failure to comply (if that information is in his possession).”.
(6) In the case where a driver’s notice is served on the person appearing to have been in control of the vehicle at the time of the alleged contravention, the provisions of this Act mentioned below shall have effect as follows—
(a) for paragraph 1(4)(a) of Schedule 1 there shall be substituted—
“(a) that the recipient was not the person in control of the vehicle at the time the alleged contravention of the lorry ban order took place;”;
(b) paragraph 1(4)(c) and (d), (5) and (6) of Schedule 1 shall be omitted; and
(c) after paragraph 1(4) of Schedule 1 the following sub-paragraph shall be inserted—
“(4A) Where the ground mentioned in sub-paragraph (4)(a) above is relied on in any representations made under this paragraph, those representations must include a statement of the name and address of the person in control of the vehicle at the time of the alleged contravention or failure to comply (if that information is in his possession).”.
(7) In the case where, under paragraph 1(4) of Schedule 1 to this Act as so applied and having effect in accordance with subsections (5) or (6) above the relevant borough council or as the case may be Transport for London is provided with the name and address of—
(a) the operator of the vehicle; or
(b) the person who was in control of the vehicle at the time of the alleged contravention of the lorry ban order,
they may serve a fresh penalty charge notice in accordance with paragraph 2(2) of that Schedule on either of those persons, or both.
(1) Subject to the provisions of this section, no penalty charge notice may be served under this Act after the expiry of the period of 28 days beginning with the date on which the alleged contravention or failure to comply ocurred.
(2) Subject to the provisions of this section, where—
(a) a penalty charge notice has been cancelled under paragraph 2 of Schedule 1 to this Act; or
(b) a penalty charge notice has been cancelled in compliance with a direction given by a traffic adjudicator under paragraph 4(2) of the said Schedule; or
(c) a penalty charge notice is deemed to have been cancelled under paragraph 7(8)(c) of the said Schedule (deemed cancellation where a statutory declaration under paragraph 7(2)(a) of that Schedule is served under paragraph 7(1)(c)),
the borough council or Transport for London , as the case may be, may not serve a fresh penalty charge notice after the expiry of the period of 28 days from the date of the cancellation of the penalty charge notice or, in a case falling within paragraph (c) above, the date on which that council or body are served with notice under paragraph 7(8)(d) of the said Schedule.
(3) Subsection (6) below applies where the following conditions are met.
(4) The first condition is that where a borough council or Transport for London, as the case may be, has before the expiry of 14 days from—
(a) the date on which the alleged contravention or failure to comply occurred; or
(b) the date of the cancellation of the penalty charge notice in the case where a penalty charge notice has been cancelled—
(i) under paragraph 2 of the said Schedule; or
(ii) in compliance with a direction given by a traffic adjudicator under paragraph 4(2) of the said Schedule; or
(c) the date on which the borough council or Transport for London, as the case may be, are served with notice under paragraph 7(8)(d) of the said Schedule where the penalty charge notice is deemed to have been cancelled under paragraph 7(8)(c),
made a request to the Secretary of State for the supply of relevant particulars.
(5) The second condition is that those particulars have not been supplied to the borough council or Transport for London, as the case may be, before the date after which that council or body would not be entitled to serve a penalty charge notice or a fresh penalty charge notice by virtue of subsection (1) or (2) above.
(6) Where this subsection applies, the borough council or Transport for London, as the case may be, shall continue to be entitled to serve a penalty charge notice or a fresh penalty charge notice for a further period of 6 months beginning with the date mentioned in subsection (5) above.
(7) In this section, “relevant particulars” are particulars relating to the identity of the owner of the vehicle contained in the register of mechanically propelled vehicles maintained by the Secretary of State under the Vehicle Excise and Registration Act 1994 (c. 22).
(1) This section applies to the following roads—
(a) GLA roads and GLA side roads; and
(b) any other road in the area of a borough council.
(2) Section 8 of the Act of 1984 shall apply in respect of a road to which this section applies as if after subsection (1A), the following subsection were inserted—
“(1B) Subsection (1) above does not apply in relation to any person who acts in contravention of or fails to comply with—
(a) an order under section 6 of this Act; or
(b) the lorry ban order within the meaning of section 4 of the London Local Authorities and Transport for London Act 2003 (penalty charges for road traffic contraventions),
if as a result a penalty charge is payable under subsection (5) or, as the case may be, subsection (7) of section 4 of that Act.”.
(3) Section 11 of the Act of 1984 shall apply in respect of a road to which this section applies as if after subsection (2), the following subsection were inserted—
“(2A) This section does not apply in relation to any person who acts in contravention of or fails to comply with an experimental traffic order if as a result a penalty charge is payable under section 4(5) of the London Local Authorities and Transport for London Act 2003 (penalty charges for road traffic contraventions).”.
(4) Section 36 of the Road Traffic Act 1988 (c. 52) shall apply in respect of a road to which this section applies as if after subsection (1), the following subsection were inserted—
“(1A) Subsection (1) above does not apply in relation to any such person who fails to comply with the indication given by the sign if as a result a penalty charge is payable under section 4(5) of the London Local Authorities and Transport for London Act 2003 (penalty charges for road traffic contraventions).”.
(1) Where on any occasion an authorised officer of a borough council or Transport for London finds a person who he has reason to believe has on that occasion committed an offence under any of the enactments—
(a) mentioned in columns (1) and (2) of the table set out in Schedule 4 to this Act; and
(b) described in column (3) of that table;
the officer may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.
(2) The powers of an authorised officer of a borough council under subsection (1) above may be exercised only in relation to offences alleged to have been committed in respect of a highway in respect of which the council is highway authority.
(3) The powers of an authorised officer of Transport for London under subsection (1) above may be exercised only in relation to offences alleged to have been committed in respect of a GLA road or a GLA side road.
(4) Sections 9 (Fixed penalty notices), 10 (Levels of fixed penalties) and 11 (Fixed penalties: reserve powers of Secretary of State) of this Act shall apply in respect of fixed penalty notices under this section.
(5) Schedule 2 to this Act shall have effect with respect to financial provisions relating to the administration and enforcement of this section and sections 9 to 11 (Fixed penalties) of this Act.
(6) The Secretary of State may, by regulations, amend Schedule 4 to this Act by the addition of further offences to the list of offences therein described.
(1) The provisions of this section shall have effect in relation to notices (“fixed penalty notices”) which may be given under section 8 (Fixed penalty offences) of this Act.
(2) Where a person is given a fixed penalty notice in respect of an offence—
(a) no proceedings shall be instituted for that offence before the expiration of 14 days following the date of the notice; and
(b) he shall not be convicted of that offence if he pays the fixed penalty before the expiration of that period.
(3) A fixed penalty notice under this section shall give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence and shall state—
(a) the period during which, by virtue of subsection (2) above, proceedings will not be taken for the offence;
(b) the amount of the fixed penalty; and
(c) the name of the person to whom and the address at which the fixed penalty may be paid; and, without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting to that person at that address a letter containing the amount of the penalty (in cash or otherwise).
(4) Where a letter is sent in accordance with subsection (3) above, payment shall be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
(5) The form of notices under this section shall be such as the Secretary of State may by regulations prescribe.
(6) The fixed penalty payable in pursuance of a fixed penalty notice under this section shall be paid to the borough council or Transport for London, as the case may be.
(7) In any proceedings a certificate which—
(a) purports to be signed by or on behalf of the chief finance officer of the council, or as the case may be, Transport for London; and
(b) states that payment of a fixed penalty was or was not received by a date specified in the certificate,
shall be evidence of the facts stated.
(1) It shall be the duty of the borough councils and Transport for London to set the levels of fixed penalties payable to them.
(2) Different levels may be set for different areas in Greater London and for different cases or classes of case.
(3) In setting the level of fixed penalty under subsection (1) above the borough councils and Transport for London may take account of—
(a) any reasonable costs or expected costs incurred or to be incurred in connection with the administration of the provisions of the enactment under which the particular fixed penalty offence is created; and
(b) the cost or expected cost of enforcing the provisions of the relevant enactment.
(4) Levels of fixed penalties set by the borough councils and Transport for London in accordance with this section may only come into force in accordance with section 11 (Fixed penalties: reserve powers of Secretary of State) of this Act.
(5) The borough councils and Transport for London shall publish, in the same manner as they publish levels of additional parking charges which have been set in accordance with the provisions of section 74 of the Road Traffic Act 1991 (c. 40), the levels of fixed penalties which have been set by them in accordance with this section.
(6) Before setting the levels of fixed penalties under this section, the borough councils and Transport for London shall establish a single joint committee under section 101(5) of the Local Government Act 1972 (c. 70).
(7) The functions conferred on borough councils and Transport for London by this section and section 11 (Fixed penalties: reserve powers of Secretary of State) of this Act shall be discharged by the joint committee.
(1) Where the borough councils and Transport for London set any levels of fixed penalties under subsection (1) of section 10 (Levels of fixed penalties) of this Act, they shall notify the Secretary of State of the levels of fixed penalties so set.
(2) Where notification of any levels of fixed penalties is required to be given under subsection (1) above, the levels of fixed penalties shall not come into force until after the expiration of—
(a) the period of one month beginning with the day on which the notification is given; or
(b) such shorter period as the Secretary of State may allow.
(3) If, before the expiration of that period, the Secretary of State gives notice to the joint committee that he objects to the levels of fixed penalties on the grounds that some or all of them are or may be excessive, those levels of fixed penalties shall not come into force unless and until the objection has been withdrawn.
(4) If, at any time before the levels of fixed penalties required to be notified under subsection (1) above to the Secretary of State have come into force, the Secretary of State considers that some or all of them are excessive, he may make regulations setting the levels of fixed penalties.
(5) Levels of fixed penalties set under subsection (4) above must be no higher than those notified under subsection (1) above.
(6) Where the Secretary of State makes any such regulations the borough councils and Transport for London must not set any further fixed penalties under the said subsection (1) until after the expiration of the period of 12 months beginning with the day on which the regulations are made.
Section 55 of the Act of 1984 shall apply as if, at the end of sub-paragraph (d)(ii) of subsection (4) the following sub-paragraph were inserted— “and
(iii) in the case of a London authority, meeting costs incurred by the authority in respect of the maintenance of roads maintained at the public expense by them.”.
(1) Insofar as subsection (2) of section 115 of the Act of 1984 (mishandling of parking documents and related offences) relates to any authorisation which may be issued by a borough council or by Transport for London—
(a) proceedings for an offence under that section may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge, but
(b) no such proceedings shall be brought by virtue of this section more than three years after the commission of the offence.
(2) For the purposes of subsection (1) above a certificate signed by or on behalf of the prosecutor and stating the date on which evidence such as is mentioned in that subsection came to his knowledge, shall be conclusive evidence of that fact; and a certificate purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
(1) This section shall apply to any part of the carriageway of—
(a) any GLA road or GLA side road in a special parking area; and
(b) any other road in a special parking area in the area of a borough council,
which is adjacent to a dropped footway.
(2) But this section shall not apply in respect of any part of the carriageway during any period in which—
(a) an order under section 6 or section 9 of the Act of 1984 (which make provision about road traffic regulation orders) prohibits or permits the waiting of vehicles on it; or
(b) an order under section 45 of the Act of 1984 (Designation of parking places on highways) provides for its use as a designated parking place.
(3) A driver of a vehicle shall not at any time cause it to wait on a part of a road to which this section applies and the prohibition under this subsection shall be enforceable as if it had been imposed by an order under the said section 6.
(4) In the case where—
(a) residential premises have a driveway which is not shared by other premises; and
(b) the purpose of the dropped footway is to assist vehicles to enter or leave the road from or to the driveway,
the relevant borough council or Transport for London, as the case may be, may not issue a penalty charge notice in respect of any breach of the prohibition under subsection (3) above unless requested to do so by the occupier of the premises.
(5) Nothing in subsection (3) above shall require the placing of any traffic signs in connection with the prohibition thereby imposed.
(6) Nothing in this section shall prohibit the driver of a vehicle from causing it to wait in the circumstances mentioned in subsection (3) above—
(a) if the vehicle is being used for fire brigade, ambulance or police purposes;
(b) if the driver is prevented from proceeding by circumstances beyond his control or it is necessary for him to wait in order to avoid an accident;
(c) for so long as may be necessary for the purpose of enabling persons to board or alight from the vehicle;
(d) for so long as may be necessary (up to a maximum of 20 minutes) for the delivery or collection of goods or merchandise or the loading or unloading of the vehicle at any premises if that cannot reasonably be carried out as respects those premises without waiting as mentioned in subsection (3) above; or
(e) if the vehicle is being used for a purpose to which subsection (7) below applies and cannot be used for that purpose without so waiting.
London Local Authorities and Transport for London Act 2003