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142 Chapter 9private company’s willingness,but also on the clarity ofcontracts and conditions drawnup by local authorities, and themechanisms for monitoringcompliance. The new BPA modelcontract, for example, focuseson the effectiveness ofenforcement activity rathermaximising ticket numbers.It must be borne in mind thatparking enforcement contractorsare acting as agents for theParking Authority and theCouncil is accountable and liablefor the actions of the contractor.A particular issue is ensuring thatthe maximum amount of parkingprovided in new developments isclearly specified in the planningpermission, checking that thishas been complied with followingcompletion, and taking action toenforce any breach ofconditions.Parking Regulations –compliance andenforcementTraffic Regulation andManagement Orders provide themeans of managing traffic andparking; charges can be used asa means of rationing orprioritising the use of space forparking. The role of enforcementis to create a fair balancebetween the overridingobjectives of local and nationaltransport policies and the rightsand needs of motoring citizens.The basis ofenforcementThe original powers ofenforcement of parkingregulations were part of thecriminal law system and involvedthe police and magistrates’courts. As illegal parking grewwith increasing car ownershipand use, it became clear that,with the other calls on Policetime, they would not be able toprovide the resources needed tomatch the growing demands forenforcement. Therefore, in 1991the Road Traffic Act (RTA)enabled Councils to takeresponsibility for parkingenforcement from the police in acivil rather than criminal regime,(see Chapter 3). The RTAscheme became compulsory forLondon Councils in 1994, withCouncils outside London beingable to opt into the scheme from1996. The thrust of the RTAscheme is that the authoritycreating the parking regulationscan also determine the level ofresources needed forenforcement and linkenforcement policies to theregulations. Experience ofdecriminalised parkingenforcement has been positiveand it is Government policy topromote it (1). It is important,however, to bear in mind thattraffic regulations themselvesand how they are made are notaltered by decriminalised parkingenforcement; it is simply thatCouncil parking attendantsenforce contraventions of theregulations in a civil rather thancriminal regime.Traffic Regulation Ordersand Traffic ManagementOrdersIn order to regulate parking aTraffic Authority has first todefine formally what the controlsare and, precisely, where,geographically, they apply. Thisis done by the creation of aTraffic Regulation Order (TRO)or (in London) a TrafficManagement Order (TMO),which specifies amongst otherthings:● The lengths of roadcontrolled;● The types of controls;● The conditions andqualifications associated withthe use of the facilities; and● Exemptions, including thestatutory ones for BlueBadge holdersTraffic Regulation Orders mustbe made for the purposesstipulated in the RTRA,particularly Section 122. Theyare governed by a formalprocedure, which is set out in theLocal Authorities’ Traffic Orders(Procedures) (England andWales) Regulations 1996 (2).The High Court has emphasised