Road Traffic Act, 1961
Parking of vehicles on public roads. |
90.—(1) The Commissioner may, with the consent of the Minister and after consultation with the local authority concerned, make in respect of any specified area bye-laws for the control and regulation of the parking of vehicles on public roads. | |
(2) Bye-laws under this section may, in particular and without prejudice to the generality of subsection (1) of this section, provide for all or any of the following matters: | ||
(a) specifying the places on public roads (in this Act referred to as parking places) in which vehicles may be parked either indefinitely or for any period not exceeding a specified period; | ||
(b) specifying the parking places in which parking is to be subject to the payment of fees by means of parking meters (in this section referred to as meter parking places); | ||
(c) specifying the parking places in which parking is to be subject to the exhibition of a document (in this section referred to as a disc) complying with specified requirements (in this section referred to as disc parking places); | ||
(d) specifying the parking places in which parking is to be subject to the payment of fees to licensed parking attendants (in this section referred to as attended parking places); | ||
(e) specifying the conditions (other than any condition referred to in paragraphs (b), (c) and (d) of this subsection) subject to which vehicles may be parked in parking places or any specified parking place or class of parking places; | ||
(f) specifying the periods during which, and the purposes for which and the conditions subject to which vehicles may be parked, otherwise than in parking places, on public roads or any specified public road or class of public roads; | ||
(g) prohibiting the parking, including parking in parking places, of vehicles on public roads except in accordance with the bye-laws; | ||
(h) prohibiting wholly the parking, otherwise than in parking places, of vehicles on any specified public road; | ||
(i) prohibiting any person from acting, or holding himself out as ready to act, as a parking attendant on a public road (except at a parking place), and prohibiting any person other than a licensed parking attendant from acting or holding himself out as ready to act as a parking attendant at a parking place. | ||
(3) The following provisions shall apply in relation to a meter parking place: | ||
(a) the appropriate local authority shall provide the parking meters and collect the fees; | ||
(b) subject to any provisions made under this section by the Commissioner by bye-laws or rules, the appropriate local authority may by rules (made with the approval of the Minister) make such provisions as they consider necessary for the administration of the meter parking place, including (in particular and without prejudice to the generality of the foregoing) all or any of the following provisions: | ||
(i) provisions specifying the fees to be paid; | ||
(ii) provisions specifying the maximum periods in respect of which vehicles may be parked in respect of specified fees; | ||
(iii) provisions as to payment of fees, including manner of payment; | ||
(iv) provisions prohibiting the parking of a vehicle for a period for which a fee is chargeable without the appropriate fee having been paid in the manner specified; | ||
(v) provisions prohibiting the parking of a vehicle for a greater period than that in respect of which a fee was paid; | ||
(vi) provisions specifying the vehicles which may use the parking place; | ||
(vii) provisions exempting specified classes of vehicles from payment of the fees and provisions for effecting identification of exempted vehicles; | ||
(viii) provisions applying when parking meters are out of order or temporarily suspended from operation; | ||
(ix) provisions that indications given by parking meters shall be treated as evidence of such facts and for such purposes as may be specified in the rules. | ||
(4) The Commissioner may by bye-laws under subsection (1) of this section make such provisions as he considers necessary for the operation of disc parking places, including (in particular and without prejudice to the generality of the foregoing) all or any of the following provisions: | ||
(a) provisions requiring specified fees to be paid for discs; | ||
(b) provisions specifying the manner in which fees are to be paid; | ||
(c) provisions specifying the persons by whom and the manner in which discs are to be issued; | ||
(d) provisions specifying the duties in relation to discs of persons parking vehicles; | ||
(e) provisions specifying the manner in which discs are to be exhibited. | ||
(5) The Commissioner may by bye-laws under subsection (1) of this section specify the fees to be charged by licensed parking attendants in respect of attended parking places and make such provisions regarding payment of the fees (including manner of payment) as he considers necessary. | ||
(6) The Commissioner may by bye-laws under subsection (1) of this section make such provisions as he considers necessary with regard to the licensing of parking attendants, including (in particular and without prejudice to the generality of the foregoing) all or any of the following provisions: | ||
(a) provisions for the licensing by the Commissioner of persons to act as parking attendants at parking places; | ||
(b) provisions for the issuing of official badges by the Commissioner to licensed parking attendants and the wearing of the badges by the attendants; | ||
(c) provisions specifying the duties of licensed parking attendants; | ||
(d) provisions specifying the fees to be paid by licensed parking attendants for licences granted and for badges issued to them under the bye-laws; | ||
(e) provisions prohibiting persons from interfering with, obstructing or molesting a licensed parking attendant in the performance of his duties as such attendant. | ||
(7) (a) The Commissioner, with the consent of the Minister, may make, in respect of any specified area, temporary rules for all or any of the purposes for which bye-laws may be made under this section. | ||
(b) The following provisions shall have effect in relation to temporary rules under this subsection in respect of an area: | ||
(i) the rules shall come into operation on a specified day not earlier than one week after the making of the rules; | ||
(ii) during that week the Commissioner shall give, in relation to the rules, such notice as may be prescribed; | ||
(iii) the rules shall have effect, unless they are sooner revoked, for the period of one year beginning on the day on which they come into operation; | ||
(iv) the rules shall operate in lieu of such (if any) corresponding bye-laws under this section as may be in force in respect of the area. | ||
(8) Different bye-laws or rules may be made under this section— | ||
(a) in respect of different classes of vehicles, | ||
(b) for different circumstances. | ||
(9) Where there is a contravention of a bye-law or rule under this section and a mechanically propelled vehicle is involved— | ||
(a) the person parking the vehicle, and | ||
(b) if the person parking it is not its registered owner, such owner, and | ||
(c) if the vehicle is the subject of a hire-drive agreement on the occasion in question and the person parking it is not the hirer under the agreement, such hirer, | ||
shall each be guilty of an offence. | ||
(10) (a) Where a person charged with an offence under subsection (9) of this section is the registered owner of the vehicle, it shall be a good defence for him to show that the vehicle was being used on the occasion in question by another person and that— | ||
(i) such use was unauthorised, or | ||
(ii) the vehicle was on that occasion the subject of a hire-drive agreement. | ||
(b) Where a person charged with an offence under subsection (9) of this section is the hirer of the vehicle, it shall be a good defence for him to show that the vehicle was being used on the occasion in question by another person and that such use was unauthorised. | ||
(11) Where there is a contravention of a bye-law or rule under this section and a mechanically propelled vehicle is not involved, the person contravening the bye-law or rule shall be guilty of an offence. | ||
(12) In any prosecution for an offence under this section, a parking meter at a meter parking place shall be presumed, until the contrary is shown by the defendant, to have been duly placed there under this section and to have been accurate and in good working order. | ||
(13) The performance by the Commissioner or a local authority of his or their functions under this section or under any bye-law or rule thereunder shall not render the Commissioner or the local authority subject to any liability in respect of loss of or damage to any vehicle in a parking place or the contents of such vehicle. | ||
(14) A licensed parking attendant shall be deemed for the purposes of this Act not to be the person in charge of the vehicles in the parking place at which he is the parking attendant. | ||
(15) (a) In this section— | ||
“licensed parking attendant” means a person duly licensed under bye-laws under this section to act as a parking attendant at a parking place; | ||
“parking meter”means an apparatus for collecting fees at a parking place and for indicating payment of such fees and the periods that have elapsed since they were paid. | ||
(b) Where a parking place is in the functional area of the council of a county, the corporation of a county or other borough, the council of an urban district or the commissioners of a town, such council, corporation or commissioners shall be the appropriate local authority for the purposes of subsection (3) of this section. | ||
(c) Where a county includes any borough, urban district or town, the functional area of the council of the county shall, for the purposes of the foregoing paragraph, be deemed not to include the borough, urban district or town. | ||
(16) Rules under subsection (3) of this section shall, for the purposes of the Statutory Instruments Act, 1947 , be deemed to be an instrument to which that Act primarily applies. | ||
(17) The Minister may by regulations provide for the disposition of any fees under this section and fees to which any such regulations relate shall be disposed of in accordance with these regulations. |