Free Traffic Legal Advice

Thanks to an eagle-eyed poster on another forum, it's been spotted that an updated version of the Railway Byelaws is due to come into effect on 26/12/2025.

The relevant Statutory Instrument can be found here.

There are two material changes: An explicit ban on E-cigarettes and the splitting of Byelaw 14 (relating to parking) into separate Byelaws for England & Wales, and Scotland.

Byelaw 14A (relating to England and Wales) reads as follows:

Traffic signs, causing obstructions and parking in England and Wales

(1) This Byelaw applies only in England and Wales.

(2) No person in charge of any motor vehicle, bicycle or other conveyance shall use it on any part of the railway in contravention of any traffic sign.

(3) No person in charge of any motor vehicle, bicycle or other conveyance shall leave or place it on any part of the railway:

(i)in any manner or place where it may cause an obstruction or hinderance to an Operator or any person using the railway; or

(ii)otherwise than in accordance with any instructions issued by or on behalf of an Operator or an authorised person.

(4) Any motor vehicle, bicycle or other conveyance used, left or placed in breach of Byelaw 14A(2) or (3) may be removed and stored, by or under the direction of an Operator or authorised person.

(5) A motor vehicle, bicycle or other conveyance may also be removed and stored, by or under the direction of an Operator or authorised person if such Operator or authorised person reasonably believes doing so is necessary:

(i)to deal with an emergency;

(ii)to allow access to persons or vehicles to enable maintenance of the railway to be carried out; or

(iii)to enable the safe and efficient operation of the railway.

(6) In this Byelaw:

(i)a traffic sign does not include an object or device for conveying the rules of a contractual parking scheme; and

(ii)an instruction does not include any instruction conveying the rules of a contractual parking scheme.

Part 6 is new and appears to be an attempt to extend PoFA Schedule 4 to railway land.

It's worth clicking the link to read the notes.

Byelaw 14A(5) adds to the circumstances when a vehicle can be removed and stored in England and Wales by including circumstances in which the vehicle owner may not be at fault but the vehicle nevertheless needs to be moved. Byelaw 14B maintains the current regime in relation to Scotland. "The railway" has always had the right to access premies adjoining the railway in emergencies and during planned maintenance. This amendment seems to extend to car parks now, ost of which are actually on railway land.

I feel a bit more informed discussion on this matter is required. It will be a long time before the parking crooks change all their signs.

https://lordsbusiness.parliament.uk/Document/98511/Pdf?subType=Standard

The above Explanatory Memorandum (THE PROTECTION OF FREEDOMS ACT 2012 (DEFINITION OF RELEVANT LAND) (AMENDMENT) ORDER 2025) makes it clear that the intention is to make Railway carparks relevant land for the purposes of POFA:

5.2 Schedule 4 to POFA facilitates the recovery of unpaid car parking charges from the keeper or hirer of a vehicle parked in private car parks and sets out detailed requirements regarding the provision of notices and the appeals process, but railway car parks are currently excluded from this regime.

5.3 This order will extend the application of the regime set out in Schedule 4 to POFA so that it will apply to the recovery of unpaid car parking charges from the keeper of a vehicle parked in station car parks. This will make the mechanisms applying to the recovery of unpaid car parking charges in station car parks consistent with those generally applying to private car parks with a view to aiding the understanding of the applicable rules by both users and managers of station car parks

Obviously the efficient and well-run PPCs will update their Railway carpark signage to remove references to Byelaws and make sure that the contractual arrangements they attempt to hold people to are crystal clear. Right?

I'm now wondering if the same sort of amendment will apply to other authorities governed by bye-laws such as airports

Not unless they make another amendment

As well as failing to change the position with regard to airports, ports and council car parks, the amendment has no effect at any Transport for London (TfL) car park. TfL is the station operator for more than 70 Tube and other stations in and around London.  TfL has appointed Saba Park Services UK Limited to operate the station car parks on its behalf, so these car parks will remain excluded from the POFA definition of 'relevant land' because TfL is defined as a 'traffic authority' in POFA 3(2)(c).  Saba is aware of this but purports to issue POFA notices because the legal title to the station car parks is held by a wholly owned and controlled TfL subsidiary rather than by TfL directly.  However, TfL has confirmed to me in a FOI response that all the following stations are locations where TfL has appointed Saba Park Services UK Limited to operate the car park on behalf of TfL (a point reinforced by the prefix TFL on all PCNs issued by Saba at these sites):

Barkingside

Brent Cross

Brentwood

Buckhurst Hill

Burnham

Bush Hill Park

Bushey

Canons Park

Chalfont & Latimer

Chesham

Chingford

Chorleywood

Cockfosters

Croxley

Crystal Palace

Debden

East Finchley

Eastcote

Epping

Fairlop

Finchley Central

Forest Hill

Gidea Park

Greenford

Hainault

Harold Wood

Harrow and Wealdstone

Harrow-on-the-Hill

Hatch End

Hatton Cross

Hayes and Harlington

High Barnet

Highams Park

Highgate

Hillingdon

Hornchurch

Hounslow East

Hounslow West

Ickenham

Langley

Leytonstone

Loughton

Mill Hill East

Moor Park

Morden

Newbury Park

North Ealing

North Greenwich

Northwood

Norwood Junction

Oakwood

Osterley

Penge West

Perivale

Queensbury

Rayners Lane

Redbridge

Ruislip

Ruislip Gardens

South Harrow

South Ruislip

South Woodford

Stanmore

Sudbury Town

Taplow

Theobalds Grove

Theydon Bois

Totteridge & Whetstone

Turkey Street

Walthamstow Central

Wanstead

Watford

West Drayton

Woodford

Woodside Park

Precisely