Road Traffic Regulation Act 1984, section 32

Power of local authorities to provide parking places

Part IV Parking Places

(1)Where for the purpose of relieving or preventing congestion of traffic it appears to a local authority to be necessary to provide within their area suitable parking places for vehicles, the local authority, subject to Parts I to III of Schedule 9 to this Act—

(a)may provide off-street parking places (whether above or below ground and whether or not consisting of or including buildings) together with means of entrance to and egress from them, or

(b)may by order authorise the use as a parking place of any part of a road within their area, not being a road the whole or part of the width of which is within Greater London.

(2)A local authority may adapt for use as, or for providing means of entrance to or egress from, a parking place any land acquired or appropriated by them for the purposes of this section, and may, with the consent of the authority or person responsible for the maintenance of a road, adapt any part of it for the purpose of providing means of entrance to or egress from a parking place.

(3)Any power conferred by this section to provide a parking place includes power to maintain it (if below ground) and to maintain buildings comprised in it, and to provide and maintain any cloakroom or other convenience for use in connection with it; and references in other provisions of this section to parking places shall accordingly be construed as including references to any such conveniences.

(4)In this section and in sections 33 to 41 of this Act—

(a) F198 “local authority”, in relation to England and Wales, means (subject to section 36(3)) the council of a county, London borough or district . . . or the Common Council of the City of London and, in relation to Scotland, means [F199 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 F199] ;

(b) “parking place” means a place where vehicles, or vehicles of any class, may wait;

and for the purposes of this section and of sections 33 to 41 of this Act, an underground parking place shall not be deemed to be part of a road by reason only of its being situated under a road.

Definitions used in section 32 3

local authority

(2) In this paragraph “local authority” has the meaning assigned to it by section 45(7) of this Act .

Defined in Sch.9 para.6(2) · see it in the full Act

“local authority” means the council of a London borough or the Common Council of the City of London;

Defined in s.43(14) · see it in the full Act
off-street parking place

“street parking place” and “off-street parking place” refer respectively to parking places on land which does, and on land which does not, form part of a road;

Defined in s.142(1) · see it in the full Act
road

“road” means a highway (including a public path) and any other road, lane, footway, square, court, alley or passage (whether a thoroughfare or not) to which the public has access, but does not include a road provided or to be provided in pursuance of a scheme made, or having effect as if made, under section 16 of the Highways Act 1980 (which relates to special roads) .

Defined in s.60(4) · see it in the full Act

“road”—

(a)

in England and Wales, means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes, and

(b)

in Scotland, has the same meaning as in the Roads (Scotland) Act 1984;

Defined in s.142(1) · see it in the full Act

Cases considering section 32 6

Isle of Wight Council & Ors v HM Revenue and Customs

[2015] EWCA Civ 1303 · 16 December 2015Interprets

The court treated the statutory power to provide off-street parking for congestion purposes as part of the lawful context for setting charges. That context did not prevent local authorities from considering the overall cost of providing parking. (see paras [6]; [54]; [66]-[70]) The court applied section 32(1) as conferring power to provide off-street parking for the purpose of relieving or preventing congestion. The statutory purpose formed part of the pricing context. (see paras [54]; [70])

Daniel Adams v North Somerset Council

[2026] EWHC 1883 (Admin) · 23 July 2026

The court treated section 32 as a power to provide off-street parking places and as the statutory basis bringing the TRO within Part VI of Schedule 9. (see paras [7]-[11]; [35])

North Yorkshire Council v Susan Boyce & Anor

[2025] EWHC 611 (KB) · 14 March 2025

Provides local-authority powers to provide suitable parking places and associated facilities. The Council relied on these powers to characterise public parking as local-authority activity, but the court held that lawful parking on harbour land remained within the harbour undertaking for accounting purposes (see paras [44], [46]-[47], [117]-[119]).

1 more judgment, and what each says about section 32, are in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F198Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17
  2. F199Words in s. 32(4)(a) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 134(4); S.I. 1996/323, art. 4

Modifications

  1. C144S. 32 restricted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(2), Sch. 5 para. 6(3)
  2. C145S. 32 restricted by Local Government Act 1985 (c. 51, SIF 81:1) s. 8(2), Sch. 5 para. 12
  3. C146S. 32 restricted (S.) (1.4.1995) by 1994 c. 39, ss. 7(2), 44(2); S.I. 1994/2850, art. 3(a), Sch. 2