Q&As

Is an offence contrary to section 5 of the Road Traffic Regulation Act 1984 (RTRA 1984) a criminal offence or a civil enforcement offence (outside of London)? Can a Traffic Regulation Order under RTRA 1984 prohibit grass verge parking? If a Traffic Management Order restricts parking on pavements and verges, does that amount to a 'restriction on waiting' (paragraph 4(2)(b) of Schedule 7 to the Traffic Management Act 2004), therefore making it a civil offence?

read titleRead full title
Published on LexisPSL on 15/02/2021

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • Is an offence contrary to section 5 of the Road Traffic Regulation Act 1984 (RTRA 1984) a criminal offence or a civil enforcement offence (outside of London)? Can a Traffic Regulation Order under RTRA 1984 prohibit grass verge parking? If a Traffic Management Order restricts parking on pavements and verges, does that amount to a 'restriction on waiting' (paragraph 4(2)(b) of Schedule 7 to the Traffic Management Act 2004), therefore making it a civil offence?
  • Is an offence contrary to section 5 of the Road Traffic Regulation Act 1984 a criminal offence or a civil enforcement offence?
  • Can a Traffic Regulation Order under RTRA 1984 prohibit grass verge parking?
  • If a Traffic Management Order restricts parking on pavements and verges, does that amount to a 'restriction on waiting' (paragraph 4(2)(b) of Schedule 7 to the Traffic Management Act 2004), therefore making it a civil offence?

Is an offence contrary to section 5 of the Road Traffic Regulation Act 1984 a criminal offence or a civil enforcement offence?

A person guilty of a breach of section of 5(1) of the Road Traffic Regulation Act 1984 (RTRA 1984) commits a criminal offence, liable on summary conviction to a fine not exceeding level 3 on the standard scale. See:

  1. sections 9 and 33(1) of the Road Traffic Offenders Act 1988 (RTOA 1988) and RTOA 1988, Sch 2 Pt I

  2. Commentary: Contravention of traffic regulation order: Halsbury's Laws of England [552], and

  3. Cambridgeshire County Council v Associated Lead Mills Ltd

Related documents:

Popular documents