Road Traffic Regulation Act 1984, section 45

Designation of paying parking places on highways

Part IV Parking Places

[F253 (1)A local authority may by order designate parking places on highways or, in Scotland, roads in their area for vehicles or vehicles of any class specified in the order; and the authority may make charges (of such amount as may be prescribed under section 46 below) for vehicles left in a parking place so designated.

The exercise of this power by a local authority F254. . . in relation to a highway or road for which they are not the traffic authority is subject to obtaining the consent of the traffic authority.F253]

[F255 (1A)Transport for London may not by virtue of subsection (1) above designate parking places on any highway which is not a dfnGLA road.F255]

(2)An order under this section may designate a parking place for use (either at all times or at times specified in the order) only by such persons or vehicles, or such persons or vehicles of a class specified in the order, as may be authorised for the purpose by a permit from the authority operating the parking place [F256or both by such persons or vehicles or classes of persons or vehicles and also, with or without charge and subject to such conditions as to duration of parking or times at which parking is authorised, by such other persons or vehicles, or persons or vehicles of such other class, as may be specifiedF256] ; and

(a)F257in the case of any particular parking place and any particular vehicle, or any vehicle of a particular class, the authority operating the parking place . . . may issue a permit for that vehicle to be left in the parking place while the permit remains in force, either at all times or at such times as may be specified in the permit, and

(b)except in the case of a public service vehicle, may make such charge in connection with the issue or use of the permit, of such amount and payable in such manner, as the authority by whom the designation order was made may by order prescribe.

(3)In determining what parking places are to be designated under this section the authority concerned shall consider both the interests of traffic and those of the owners and occupiers of adjoining property, and in particular the matters to which that authority shall have regard include—

(a)the need for maintaining the free movement of traffic;

(b)the need for maintaining reasonable access to premises; and

(c)the extent to which [F258off-street parking accommodation, whether in the open or under cover,F258] is available in the neighbourhood or the provision of such parking accommodation is likely to be encouraged there by the designation of parking places under this section.

(4)The exercise by an authority of functions under this section shall not render the authority subject to any liability in respect of the loss of or damage to any vehicle in a parking place or the contents or fittings of any such vehicle.

(5)Nothing in this section shall affect the operation of section 6 or 32 of this Act.

(6)F259Subject to Parts I to III of Schedule 9 to this Act, where it appears to the authority concerned to be expedient to do so having regard to any objections duly made in respect of proposals made by that authority for a designation order . . . they may, if they think fit, make an interim order pursuant to the proposals or application in respect of any one or more of the sites affected, or in respect of any part of any of those sites, and postpone for further consideration the making of any further order in pursuance of the proposals or application.

(7) In this section and in sections 46 to 55 of this Act, “local authority”—

(a)in England, means the council of a county [F260, metropolitan districtF260] or London borough or the Common Council of the City of London [F261or Transport for LondonF261] ;

(b)in Wales, means the council of a county [F262 or a county boroughF262] ; and

(c)in Scotland, means the [F263 a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994F263] ,

F264,F265 and “the local authority”, in relation to a parking place or proposed parking place on any site, . . . means the local authority (as defined above) in whose area the site is . . .. [F266 unless the site is in Greater London, in which case—

(i) if the site is on a GLA road and the parking place is, or is proposed to be, designated by Transport for London, “the local authority” means Transport for London;

(ii) if the site is on a GLA road and the parking place is, or is proposed to be, designated by the London local authority in whose area the site is, “the local authority” means that London local authority; and

(iii) if the site is on a highway which is not a GLA road, “the local authority” means the London local authority in whose area the site is. F266]

[F267 (8) In this section “London local authority” means the council of a London borough or the Common Council of the City of London. F267]

Definitions used in section 45 9

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
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
charges

“charges” includes fares, rates, tolls and dues of every description;

Defined in s.43(14) · see it in the full Act
prescribed

“prescribed” means prescribed by regulations made under this section;

Defined in s.43(14) · see it in the full Act

“prescribed” means prescribed by regulations made by the Secretary of State;

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

“traffic authority” and “local traffic authority” have the meaning given by section 121A of this Act ;

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

“public service vehicle” has the same meaning as in the Public Passenger Vehicles Act 1981 ;

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

“designation order” means an order under section 45 of this Act (including any order so made by virtue of section 50(1) of this Act ) and “designated parking place” means a parking place designated by a designation order;

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

“owner” has the meaning assigned to it by section 343 of the Public Health Act 1936 ;

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

subject to section 111(3) and (4) of, and paragraph 11(2) and (3) of Schedule 12 to, this Act, “owner”, in relation to a vehicle which is subject to a hiring agreement or hire-purchase agreement, means the person in possession of the vehicle under that agreement;

Defined in s.142(1) · see it in the full Act
off-street parking accommodation

“off-street parking accommodation” means parking accommodation for motor vehicles off the highway or, in Scotland, off the road;

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

Cases considering section 45 8

Djanogly v Westminster City Council

[2011] EWCA Civ 432 · 19 April 2011

Cited only. The court treated the power to charge for vehicles left in designated parking places as subject to the section 122 traffic-management duty. Charging was therefore intra vires where it contributed to a statutory parking or traffic-management benefit (see paras [4], [11], [16]-[17]).

Daniel Adams v North Somerset Council

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

The court used section 45 to identify the statutory meaning of a designation order and concluded that the TRO was not such an order. (see para [8])

Sophia Bouchti v London Borough of Enfield

[2022] EWHC 2809 (Admin) · 9 November 2022

Requires consideration of traffic interests and adjoining owners’ and occupiers’ interests when designating parking places. The court held that the Council had substantively addressed the minor parking impact. (see paras [20], [75], [83]-[85])

What each judgment says about section 45 is in the case-law panel in the full Act.

Amendments and notes

17 notes from legislation.gov.uk

Amendments

  1. F253S. 45(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para.44(2); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2, and for England and Wales only by S.I. 1991/2288, art. 3, Sch.
  2. F254Words in s. 45(1) repealed (3.7.2000) by 1999 c. 29, ss. 281(1)(2), 423, Sch. 34 Pt. IV (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.
  3. F255S. 45(1A) inserted (3.7.2000) by 1999 c. 29, s. 281(1)(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.
  4. F256Words inserted by Road Traffic Regulation (Parking) Act 1986 (c. 27, SIF 107:1), s. 1(a)
  5. F257Words repealed by Road Traffic Regulation (Parking) Act 1986 (c. 27, SIF 107:1), s. 1(b)
  6. F258Words in s. 45(3)(c) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 44(3); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2, and for England and Wales only by S.I. 1991/2288, art. 3, Sch.
  7. F259Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17
  8. F260Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(19)(b)
  9. F261Words in s. 45(7) added (3.7.2000) by 1999 c. 29, s. 281(1)(4) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.
  10. F262Words in s, 45(7) substituted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. II para. 38(3)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
  11. F263Words in s. 45(7)(c) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 134(7); S.I. 1996/323, art. 4
  12. F264Words in s. 45 repealed (1.4.1996) by virtue of S.I. 1994 c. 19, ss. 22(1), 66(8), Sch. 7 Pt. II para. 38(3)(b), Sch. 18 (with ss. 54(5)(7)), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
  13. F265Words in s. 45 repealed (1.4.1996) by S.I. 1994 c. 19, ss. 22(1), 66(8), Sch. 7 Pt. II para. 38(3)(b), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
  14. F266S. 45(7): words and paras. (i)-(iii) in definition of local authority “the local authority" added (3.7.2000) by 1999 c. 29, s. 281(1)(5) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.
  15. F267S. 45(8) added (3.7.2000) by 1999 c. 29, s. 281(1)(6) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.

Modifications

  1. C156S. 45 restricted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(2), Sch. 5 paras. 6(3), 12
  2. C157S. 45 restricted (S.) (4.1.1995) by 1994 c. 39, ss. 7(2), 44(2); S.I. 1994/2850, art. 2, Sch.