Commentary on Sections Section 5 – Enforcement of traffic regulation orders and notices
56.Section 15 of the 2006 Act envisaged that traffic restrictions imposed under section 14 of that Act would be enforced under civil procedures in accordance with provisions in the 2004 Act, which included the methods by which the penalty charge level for contraventions must be set. Only the provisions of the 2004 Act that relate to parking contraventions are in force. Also, there was an unrelated drafting error in the 2006 Act which means the method for determining the penalty charge levels is not clear.
57.Subsections (4) and (6) make the necessary provision in relation to parking contraventions in connection with the 2012 Games under the 2004 Act: the ODA will set the levels of penalty charges (following consultation with the London local authorities and Transport for London) which will be subject to the Secretary of State’s approval. Reserve powers are given to enable the Secretary of State to set the level in the event that the ODA fails to do so or he disagrees with the level they propose. Finally the Secretary of State is empowered to determine by which method the ODA will publicise the penalty charge levels.
58.Subsections (2), (3) and (5) make amendments to section 15 of the 2006 Act which are consequential on the amendment made to section 14 of that Act by section 4(4).