Q&As

Can a prosecution be brought under section 35A of the Road Traffic Regulation Act 1984 in respect of anti-social behaviour (ie lighting fires/camping/using obscene language) where these are prohibited by an off-street order, when a council has obtained civil parking enforcement powers?

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Produced in partnership with Alexander Campbell of Field Court Chambers
Published on LexisPSL on 26/09/2018

The following Local Government Q&A produced in partnership with Alexander Campbell of Field Court Chambers provides comprehensive and up to date legal information covering:

  • Can a prosecution be brought under section 35A of the Road Traffic Regulation Act 1984 in respect of anti-social behaviour (ie lighting fires/camping/using obscene language) where these are prohibited by an off-street order, when a council has obtained civil parking enforcement powers?
  • Road Traffic Regulation Act 1984
  • Conditions which can be imposed in a section 35 order

Can a prosecution be brought under section 35A of the Road Traffic Regulation Act 1984 in respect of anti-social behaviour (ie lighting fires/camping/using obscene language) where these are prohibited by an off-street order, when a council has obtained civil parking enforcement powers?

Road Traffic Regulation Act 1984

Section 35(1) of the Road Traffic Regulation Act 1984 (RTRA 1984) empowers a local authority to make orders concerning a parking place provided by the local authority. Such orders may make provision as to:

‘(i) the use of the parking place, and in particular the vehicles or class of vehicles which may be entitled to use it,

(ii) the conditions on which it may be used,

(iii) the charges

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