Commentary on Sections Part 7: Miscellaneous and General Section 95: Application of surplus income from parking places
229.Use of surplus income from parking charges and penalty charges is governed by section 55 of the Road Traffic Regulation Act 1984. Once the need for provision of off-street parking facilities and to make good deficits to central funding has been met, use of surpluses is currently confined to the provision of public transport services or to road improvements. Section 95 amends section 55 to add to that list the additional purpose of using surplus income to fund local environmental improvements. “Environmental improvement” is defined in a broad sense to encompass recreational or scenic improvements. It also amends section 55 to enable the appropriate national authority to make regulations specifying classes or descriptions of authorities, or particular authorities (for example those which may be designated under section 99 of the Local Government Act 2003 as high-performing authorities), as having complete freedom in the way they spend surplus parking income once the needs of parking provision have been considered.