Free Traffic Legal Advice

The Traffic Management Act 2004 is only used for parking offences in London, and the LLA & TfL Act 2003 is used for moving traffic offences. So far, the government have not forced London to transfer over to the later TMA 2004. It is only recently that the government has moved councils outside London onto the TMA 2004, for bus lane offences.

If you look at the regulations that apply to the TMA 2004, you'll see that they specifically exclude London.

Here is Regulation 1
https://www.legislation.gov.uk/uksi/2022/71/regulation/1/made

The London authorities love having their own Act because they can set the PCN penalties. These are about double the rest of the country.  If you look at their Act, the Secretary of State can object to the chosen PCN penalties, but as far as I know, has never done so.

https://www.legislation.gov.uk/ukla/2003/3/section/11/enacted

Basically, it is a Dog's Breakfast !

Thanks for the prompt replies. To put this in context, I was half way through dealing with a PCN when I came across this site - hence I didn’t post the original PCN. I am happy to do so retrospectively if you wish. The PCN is essentially identical (same location) to the one posted by John Barrow recently on the Facebook Group.

At the location (Cambridge Road) Merton have used ‘special authorisation’ road signs, so they are not listed in the TMA 2004.

So my real question is: can ‘special authorisation’ signs be used for moving traffic contraventions under the 2003 Act?

OP, the Traffic Management Act is enabling legislation and any analysis needs to start at one of the last sections, not the first!

In this case, s99:

Commencement, transitionals and savings
(1)The preceding provisions of this Act shall come into force on such day as the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may appoint by order made by statutory instrument.

(2)Different days may be appointed for different purposes.

(3)For the purposes of Part 6 (civil enforcement of road traffic contraventions), and related repeals, different days may be appointed for different areas.

(4)The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order made by statutory instrument make transitional provision or savings in connection with the coming into force of any provision of this Act.

You then need to go to 'legislation.gov' and see which statutory instruments have been made and which sections of the Act have been brought into effect and when.

This is the latest I found: https://www.legislation.gov.uk/uksi/2022/649/earlier-orders/made

The LLA 2003 is lined up for repeal in Schedule 12 to TMA, but that part has not been brought into effect through a Commencement Order.

Thanks. For completeness I’ve posted the PCN and a photo of the relevant signage.

The main question here may have been misunderstood. The signage at this location comprises (on the near-side of the road) a post with three separate signs:
1. School Streets
2. No motor vehicles
3. School Term Time

1 and 3 are non-compliant; 2 is a ‘special authorisation’ under s64 Road Traffic Regulation Act 1984.

Re sign 2: s73 and Sch7 of 2004 Act (https://www.legislation.gov.uk/ukpga/2004/18/section/73) specifies signs that can be used to create a ‘moving traffic contravention’. The 2004 Act doesn’t mention ‘special authorisations’ so if this were outside London, although sign 2 is compliant - I do not believe the PCN would stand as the sign falls outside the scope of the 2004 Act. Correct?

Section 73 commenced in England in 2007:
https://www.legislation.gov.uk/uksi/2007/2053/made

But this is inside London and the 2003 Act applies. So for peace of mind, I would like to find:
(a) in which order/regs London is excluded from s73 2004 Act (if at all)? and
(b) whether there are any other orders/regs that exclude ‘special authorisations’ under the 2003 Act? and if not
(c) whether there are any limitations at all on traffic signs to be used for moving traffic contraventions in London?

Any further comments would be greatly appreciated, particularly regarding the wording on the PCN and NoR.

Here's the video:

https://www.youtube.com/watch?v=yfCqmR9guHY

@John_S this case can be argued on the same grounds as Conor Costelloe v London Borough of Merton (2240078999, 23 March 2024).

The council sought a review that was refused, see London Borough of Merton v Conor Costelloe (2240078999, 5 April 2024)

Of course all appeals carry an element of risk, but as the discount has expired you have nothing to lose at this point. I will drop you a PM in case you'd like to be represented.

Well done


2240246685, I presume.

Hi everyone, it took the adjudicator a mere 50 seconds to allow this appeal yesterday. There is now a well established principle condemning the school streets signage at most of Merton’s 29 sites.

I am keen to make a costs application for this case. The last one I done was in 2002, so I could use some advice please.

I’m comfortable with proving the Authority have been wholly unreasonable in this case, but I’m not sure about:

(1) the format of a costs application;
(2) the process (stages).
(3) how to calculate quantum (and recent examples of successful applications); and
(4) what evidence is needed to prove my losses, bearing in mind I am representing an appellant that lives at the same address as me.

Would greatly appreciate any advice.

Start from what Mr Harman said:

A multiplicity of signage is posted at this junction.

It amounts to my mind to signage overload.

I was satisfied for the reasons given by Mr Shirley that the council's regulatory signage was not compliant with the TSRGD 2016 it in any event being unclear the restriction being difficult to assimilate given the plethora of information shown on it.

I was not satisfied against this background that this contravention had been proved and I allowed the appeal.

I am happy to draft an application but would need more details.