Companion Website

Police Law - Ninth Edition

Chapter 11 - Control of Vehicles

Chapter 11 - Control of Vehicles

Other police powers to stop drivers and pedestrians p 412

A constable's power to arrest is repealed by SOCPA 2005.

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Wheelclamping p 426

Wheelclampers employed by private companies must be licensed. It is an offence for a person to clamp a vehicle on private land when not so licensed.

After the above section insert the following -

Exposing vehicles for sale on a road

The Clean Neighbourhoods and Environment Act 2005, s 3, provides that a person is guilty of an offence if he, at any time, leaves two or more motor vehicles parked within 500 metres of each other on a road or roads, where they are exposed or advertised for sale, or he causes two or more motor vehicles to be so left. However, a person will not be convicted of such an offence if he proves to the satisfaction of the court that he was not acting for the purpose of a business of selling motor vehicles.

Repairing vehicles on a road

CNAEA 2005, s 4 prohibits the carrying out of restricted works on a motor vehicle which is on a road. The term 'restricted works' means works for the repair, maintenance, servicing, improvement or dismantling of a motor vehicle or any part of, or accessory to, a motor vehicle; or works for the installation, replacement or renewal of any such part or accessory. However, the offence is aimed at that which might be described as 'commercial works' and a person is not to be convicted if he proves to the satisfaction of the court that the works were not carried out in the course of, or for the purposes of, a business of carrying out restricted works, or for gain or reward. This defence does not apply where the carrying out of the works gave reasonable cause for annoyance to persons in the vicinity.

A further defence exists where the works carried out were works of repair which arose from an accident or breakdown in circumstances where repairs on the spot or elsewhere on the road were necessary and were carried out within 72 hours of the accident or breakdown or were, within that period, authorized to be carried out at a later time by the local authority for that area.

General

Where an offence against s 3 or s 4 is committed by a body corporate and it is proved that the act occurred with the consent or connivance of, or to have been attributable to any neglect on the part of an officer of that company, that officer is also guilty of the offence.

An authorised officer of the local authority may issue a fixed penalty notice in respect of such offences and in such a case, no proceedings will be instituted within 14 days. The penalty to be paid is currently £100.

The officer may require an offender to provide his name and address. It is an offence to fail to do so or to provide a false or inaccurate name and address.

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[Added September 2006] Parking by Disabled Drivers p 425

The Chronically Sick and Disabled Persons Act 1970, s 21 requires that a badge of the prescribed form be issued by local authorities in England, Wales and Scotland for motor vehicles driven by, or used for the carriage of, disabled persons resident within their areas. The Traffic Management Act 2004, s 94 amended the CSADPA 1971, s 21 to provide that badges will be issued by an "issuing authority' to be prescribed by the Secretary of State. A badge so issued may be displayed on a vehicle either inside or outside the area of the issuing authority, and exemptions afforded to such persons apply anywhere. Badges may also be issued to institutions concerned with the care of the disabled. Sections 21A to 21C of the Chronically Sick and Disabled Persons Act 1970 (added by the Disability Discrimination Act 2005 and not in force in Wales at the time of writing) sets out a system for the same recognition as that given to vehicles displaying a disabled person's badge to be given in England and Wales to badges issued under equivalent provisions in Northern Ireland or under corresponding provisions in those foreign jurisdictions set out in regulations. At the time of writing no such regulations have been made.

The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 and the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (Wales) Regulations 2000 contain a requirement that, except in respect of certain areas in central London, all no waiting orders etc made by local authorities must contain exemptions in favour of a vehicle displaying a disabled person's badge. The exemptions in favour of a disabled persons' vehicle are in respect of orders prohibiting vehicles waiting beyond a specified period of time, of orders prohibiting waiting for vehicles at all times of day or during specified periods of the day (whether in relation to some types or all vehicles), of orders prescribing charges and time limit restrictions at parking meters. The only restriction which may apply to disabled persons' vehicles is that, where there is a prohibition on waiting for a period of more than three hours, a vehicle displaying a disabled person's badge is exempt for a maximum of three hours (and must not return to the same road for an hour), and is only so exempt if a parking disc is displayed showing the time of arrival (disc parking scheme). However, the requirement to include an exemption does not apply to orders which prohibit the waiting of vehicles of all other classes.

The Traffic Management Act 2004 s 94 amends s 21 of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons). Section 21(4B) provides the offence of driving a motor vehicle on a road at a time when such a prescribed badge is displayed unless the badge is issued and displayed in accordance with regulations. An amendment inserts the words 'purporting to be' after 'badge' within that subsection.

The Traffic Management Act 2004 inserted new subsections (4BA), (4BB), (4BC) and (4BD) are inserted into s 21 of the 1970 Act which make provision for the inspection of badges Section 21 provides where it appears to a constable or enforcement officer that there is displayed on any motor vehicle a badge purporting to be of a form prescribed under s 21 he may require any person who -

1. is in the vehicle, or
2. appears to have been in, or to be about to get into, the vehicle, to produce the badge for inspection.

The term 'enforcement officer' is defined by s 21(4BB) as meaning:

1. a traffic warden;
2. a civil enforcement officer (within the meaning of s 74 of the Traffic Management Act 2004);
3. a parking attendant (within the meaning of s 63A of the RTRA 1984.

By s 21(4BC), the power conferred on an enforcement officer by subsection s 21(4BA) is exercisable only for purposes connected with the discharge of his functions in relation to a stationary vehicle.

A person who, without reasonable excuse, fails to produce a badge when required to do so under subsection (4BA) shall be guilty of an offence against s 21 (4BD)

The existing s 21 (4C) which deals with penalties is extended to include the penalty for an offence against the new subsection (4BD).

The Order also amends the RTRA 1984, s 117 (wrongful use of a disabled person's badge) so that in subsection (1)(a) after 'badge' the words 'purporting to be' are inserted.

TMA 2004 authorises a local authority to employ civil enforcement officers for the enforcement of road traffic contraventions for which it is the enforcement authority. Such an officer must be employed by the local authority or, where the authority has made arrangements with any person for the purposes of the section, an individual employed by that person to act as a civil enforcement officer. When exercising specified functions a civil enforcement officer must wear uniform. It also provides that a parking attendant appointed by a local authority, which is an enforcement authority under the RTRA 1984, s 63A, is a civil enforcement officer in relation to parking contraventions for which the authority is the enforcement authority and such a person may also be appointed a civil enforcement officer in relation to other road traffic contraventions for which that authority is the enforcement authority. (not yet in force)

The Disabled Persons (Badges for Motor Vehicles) (Wales) Regulations 2000 make similar provision in Wales and the offences which can be committed are identical.