FTA 111111111 OF PARI
Page 6
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LOCAL authorities can no longer increase lorry and coach parking charges without going through the consultation and order-making procedure laid down in the Road Traffic Regulation Act 1967.
This important precedent was established last week when judgement went in favour of the Freight Transport Association in its case against the Lothian Regional Council.
The case, which was heard at court of session in Edinburgh, centred on the Lothian Regional Council (Off-Street Parking Places Variation No. 1) Order 1976, under which the council has given itself the right to increase parking charges whenever it liked, to whatever it liked, within a £10 limit.
The FTA maintained that, in making the Order, the council had contravened parliamentary law and in so doing had acted ultra vires, that is to say, beyond the legal limit of its powers.
In making its judgement the court quashed the whole order as ultra vires. This will affect all car, lorry and coach offstreet parking charges in Edinburgh, and the judgement will also have far reaching implications on similar orders in England and Wales.
The Association was supported in its action by the Confederation of British Road Passenger Transport and the Road Haulage Association.
And in Strathclyde, the Regional Council is to intro duce legislation to contr( overnight lorry parking i Glasgow.
This, says the council, aria from "a growing awareness ( the environmental nuisanc caused by the indiscriminat parking of heavy commera vehicles throughout the Cit and particularly in residenth areas."
A scheme has been set up t restrict parking to authorise parking places in some E streets designated for au purpose.
These will then becon solely for the use of comme cial vehicles during the re.