#3 TfL code 46's
on 23 Jun, 2023 13:46 in The Flame Pit
Hi all,I've been using the code 46 TMA argument template on here. TfL have just come back with the below argument and I'd welcome comments as to whether they're just trying it on. Thanks!Please be advised that the PCN was issued for stopping on Double Red Lines, there is no minimumperiod for stopping for the contravention to apply. Therefore it is a contravention of a Red Route TrafficOrder created under Sections 6 and 124, and Part IV of Schedule 9 to the Road Traffic Regulation Act1984a (the RTRA). Our Section 6 Orders set out a prohibition of stopping on the Red Route, except whereotherwise permitted at designated locations reflected by red route bays where the specific stoppingrestriction in the Order for the location is conveyed in the upright signage. Section 6 and 8 of the RTRAare referenced in The Traffic Management Act 2004 (‘the TMA’). The TMA in Part 6 ‘Civil Enforcement oftraffic contraventions’ at Section 73 ‘Contraventions subject to Civil Enforcement’ refers specifically toparking contraventions and at schedule 7 Part 1 to parking contraventions in relation to stationary vehiclesin Greater London and refers to Sections 6 and 8 of the RTRA at paras 2 and 3 respectively. In addition,The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines andGeneral Provisions) Regulations 2022 – the ‘General Regulations’, derived from powers in the TMA alsoprovides an interpretation at Regulation 2 of a ‘relevant road traffic contravention’ enforceable by theseregulations and references parking contraventions in para 2 and 3 of Schedule 7 part 1 of the TMA.Regulation 5 also outlines the ability to impose a penalty charge for a relevant traffic offence giving clearreference to Section 6 Orders under the RTRA. Whilst Regulation 9, 10 and 11 outline the procedure toserve a PCN for the offences covered by the general regulation where Red Route offences arereferenced.