[F1(1)Where a London authority apply to the Secretary of State for an order to be made under this section, the Secretary of State may make an order designating the whole, or any part, of that authority’s area as a special parking area.
[F2(1A)An application for an order under subsection (1) above may only be made—
(a)by Transport for London, to the extent that the special parking area is to consist of GLA roads or trunk roads; or
(b)by a London local authority, to the extent that the special parking area is to consist of roads other than GLA roads and trunk roads.]
(2)Before making an order under this section, the Secretary of State shall consult the relevant Commissioner or, if appropriate, both Commissioners.
(3)While an order under this section is in force, the following provisions shall cease to apply in relation to the special parking area designated by the order—
(a)section 8 of the M1Road Traffic Regulation Act 1984 (contravention of, or failure to comply with, an order under section 6 of that Act to be an offence), so far as it relates to the contravention of, or failure to comply with, any provision of such an order—
(i)prohibiting or restricting the waiting of vehicles on any road; or
(ii)relating to any of the matters mentioned in paragraph 7 or 8 of Schedule 1 to that Act (conditions for loading or unloading, or delivery or collecting);
(b)section 11 of the Act of 1984 (contravention of, or failure to comply with, an experimental traffic order under section 9 of that Act to be an offence), so far as it relates to any contravention of, or failure to comply with, any provision of such an experimental traffic order—
(i)prohibiting or restricting the waiting of vehicles on any road; or
(ii)relating to any of the matters mentioned in paragraph 7 or 8 of Schedule 1 to that Act (conditions for loading or unloading, or delivery or collecting);
[F3(c)section 16(1) of the Act of 1984 F4 so far as it relates to the contravention of any provision of an order or notice under section 14 of that Act—
(i)prohibiting or restricting the waiting of vehicles on any road; or
(ii)relating to any of the matters mentioned in paragraph 7 or 8 of Schedule 1 to that Act;
(ca)section 35A(1) (contravention of parking place orders) of the Act of 1984 so far as it applies in relation to stationary vehicles;
(cb)section 61(5) (prohibition of vehicles in loading areas) of the Act of 1984 so far as it applies in relation to stationary vehicles;.]
(d)section 15 of the M2Greater London Council (General Powers) Act 1974 (parking of vehicles on verges, central reservations and footpaths etc. to be an offence);
(e)section 19 of the M3Road Traffic Act 1988 (parking of heavy vehicles on verges, central reservations and footpaths etc. to be an offence);
(f)section 21 of the Act of 1988 (prohibition of driving or parking on cycle tracks), so far as it makes it an offence to park a motor vehicle wholly or partly on a cycle track[F5;
(g)section 36(1) of the Act of 1988 (failure to comply with traffic signs), so far as it makes it an offence to fail to comply with an indication given by a traffic sign of a prohibition on causing a vehicle to stop on part of a road in London demarcated by that sign as a stopping area for a bus].
(4)The Secretary of State may by order amend subsection (3) above by adding further provisions (but only in so far as they apply in relation to stationary vehicles).
(5)Before making an order under subsection (4) above, the Secretary of State shall consult—
(a)the two Commissioners; and
(b)such associations of London authorities (if any) as he thinks appropriate.]
Textual Amendments
F1Ss. 76-79 repealed (E.W.) (31.3.2008) by Traffic Management Act 2004 (c. 18), s. 99(1), Sch. 12 Pt. 1; S.I. 2007/2053, arts. 1(2), 3(1)(2)(h)(ii) (with arts. 4-8) (as amended (17.3.2008) by S.I. 2008/757, arts. 3, 5); S.I. 2007/3174, art. 2, Sch.
F2S. 76(1A) inserted (3.7.2000) by 1999 c. 29, s. 285(2) (with s. 285(3), Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(c), Sch.
F3S. 76(3)(c)-(cb) subtituted for s. 76(3)(c) (3.7.1995) by S.I. 1995/1437, art. 2
F4i.e. the Road Traffic Regulation Act 1984 (c. 27). Section 14 was substituted by the Road Traffic (Temporary Provisions) Act 1991 (c. 26), Schedule 1. Section 35 was amended by the Road Traffic (Consequential Provisions) Act 1988 (c. 54), Schedule 1, Part I; by section 1 of the Parking Act 1989 (c. 16); and by the Road Traffic Act 1991, section 44(2), Schedule 8. Section 35A was inserted by the Parking Act 1989, section 2. Section 61(1) was amended by the Local Government Act 1985 (c. 51), Schedule 5, paragraph 4(25).
F5S. 76(3)(g) inserted (16.4.2003) by The Road Traffic Act 1991 (Special Parking Areas) (England) Order 2003 (S.I. 2003/859), arts. 1, 2(1)
Commencement Information
I1S. 76 wholly in force at 01.10.1991 see s. 84(2) and S.I. 1991/2054, art. 3, Sch.
Marginal Citations