To give some background on what I am trying to find out, I repeatedly see a community support officer parked on a red route to give parking tickets to delivery drivers parked in a red route bay which is during a restricted parking time (but as it's a bay is obviously not a traffic obstruction). The MET police have advised me that this is TFL jurisdiction and employ PCSOs for this purpose. Please provide me any legislation, policy or guidence information on when officers (in particular relating to community support officers) can park unlawfully in order to uphold parking offences, and under what circumstances, i.e. lights flashing, hazards, etc. Whilst I admire his enthusiasm, it irks me when the authorities break the law to uphold the law.

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Our ref: FOI-0689-1819/GH

Thank you for your request received by Transport for London (TfL) on 14 June 2018 asking for information about PCSO Parking Enforcement.

Your request has been considered under the requirements of the Freedom of Information Act 2000 and our information access policy. I can confirm that we do hold the information you require.

TfL as a Highway authority can grant a dispensation to any authorities who require to stop briefly on the red route to carry out specific duties. Metropolitan Traffic PCSOs are working on behalf of TfL to root out illegal parking as long as they are not parked to undertake take personal activities, then they have TfL’s dispensation to stop for the purpose of enforcing the law and in doing so must not obstruct traffic flow.

This is written by Transport for London (it does not come from other legislation) under our powers to make Traffic Management Orders in the Road Traffic Regulation Act 1984 and we are able to create the restrictions (and any exemptions to those restrictions) we need to carry out our network management duty.

Below is the provision under the TMO (Traffic Management Order):

(1) The provisions of article 3 above shall apply only during such times and to such extent as may from time to time be indicated by traffic signs.

(2) The provisions specified in article 3 above shall not apply in respect of:

any vehicle being used for the purposes of those works;

any vehicle on any occasion when it is being used for fire brigade, ambulance or police purposes if the observance of those provisions would hinder the use of the vehicle;

anything done with the permission or at the direction of a police constable in uniform or a person authorised by Transport for London.

If this is not the information you are looking for please do not hesitate to contact me.

If you are not satisfied with this response please see the attached information sheet for details of your right to appeal.

Yours sincerely

Graham Hurt

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

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