titlepage/contents pg 1-16 - British Parking Association

Compliance and Enforcement 143that TROs and TMOs must notbe made for the purposes ofraising revenue.TROs and TMOs are legalinstruments and must, therefore,be precise and unambiguous.Since a parking contravention (oroffence in the criminal scheme)is a violation of a provision in theTRO/TMO, rather than againstthe sign, it is important for localauthorities to keep their TROs upto date, and not just to add layerupon layer of regulation. This isespecially important in thepreparations for decriminalisedparking enforcement, when itbecomes necessary to removeotiose provisions such as excesscharges.Many Councils use maps insteadof schedules to theirTROs/TMOs and it is importantthat any restrictions or permittedand designated parking markedon the map is completely clearas to the extent of the restrictionsor the permitted parking bays.Any subsequent variation in themaps must be made inaccordance with the proceduresset down in the 1996Regulations. Therefore, if aCouncil is proposing to alter theextent of any of the restrictions orpermitted parking, theappropriate procedure must becomplied with; it is not sufficientsimply to issue a second versionof the map. It is also importantthat the maps are deposited inCouncil offices so that membersof the public can view them.Particular care needs to be takenwhere a Council is using specialsoftware to read the map.The Secretary of State’sGuidance on Parking (3)requires each Authorityproposing to take on the DPEpowers to carry out acomprehensive review of all theirparking restrictions andrecommendsregularconsolidation of orders. It isimportant to revise the mainbody of the TRO/TMO, not justthe schedules.A proper strategyA well-conceived scheme will, byits very nature, require lessenforcement. It is particularlyimportant to ensure that:●Charges are set to limitdemand to a level wheresome parking spaces remainavailable at all times (thusreducing the temptation topark illegally);● Signs and markings arecomprehensive, clear,consistentandunambiguous, thus reducingunintentional infringements;● Good information andmarketing are provided bothbefore and after theimplementation of a controlscheme, to ensurewidespread understandingand familiarity with theregulations; and● The design of the street andkerb alignments aidsunderstanding of parkingrestrictions.Signs and linesLocal authorities are required byRegulation 18 of the 1996Regulations to sign properly theeffects of all their traffic orders.Restrictions and controls onparking must be marked andshown as prescribed in theTraffic Signs Regulations andGeneral Directions 2002(TSRGD) (4). The importance ofcorrect marking cannot beoverstated since it has beenestablished by the High Courtthat unless the markings complyfully with the TSRGD (or arespecially authorised by theSecretary of State), theregulation has no legal weightand cannot be enforced. Further,the regulations and markingsmust be unambiguous.Councils may introduce ascheme, which requires differentsigns from those specified inTSRGD, if they obtain formalauthority from the Secretary ofState for the signs and thescheme. Examples of this arerestricted zones, signs for whichdo not appear in the TSRGD.