Council withdraws motorcycle parking charges policy after judicial review challenge

The London borough’s new parking policy was set to come into force in April this year and would have seen some bikers charged up to £50 per day.

Campaign group Save London Motorcycling (SLM) challenged the plans at the High Court, arguing that the council had failed to properly conduct an Equality Impact Assessment in regard to the scheme’s impact on disabled riders and members of the Jewish community.

It also advanced grounds claiming the London borough improperly exercised its powers under Section 122 of the Road Traffic Regulation Act in regard to its responsibility to balance its duties to provide parking against supposed benefits from restricting it.

A third ground meanwhile contended the council failed to evidence the scheme's environmental benefit, which was claimed to be the reason for the policy, and provided no evidence that the policy would not be environmentally detrimental by encouraging motorcyclists to use more polluting means of transport.

The claim was heard over two days in October last year. However, the claimants have since reached an out-of-court settlement.

Under the agreement, Hackney has now committed to charging solo motorcycle bays £1.20 and £2.60 for a working day, depending on the location. Block-booking rates will be available at a discounted 25% for a monthly pass, and 50% for a yearly pass, working out to around £150 to £340 per year.

In addition, residents' permits will be reduced by half, and plans to charge them the same as car users have been dropped.

Charges for zero-emission (e.g. electric) motorcycles will meanwhile be scrapped entirely.

A spokesperson for SLM said the group's lawyers "strongly advised" accepting the settlement, adding: "Had the biking community lost this case, riders in Hackney would be facing much higher, and rising charges. A legal precedent would have been set that councils have no limit on what they can charge motorcycles for parking."

They later added: "SLM started our campaign because we saw an existential threat to motorcycling in London with plans to ban all day commuting, crushing motorcycle parking charges of up to £50 per day, and Hackney setting a precedent that motorcycles can be charged the same as cars. That would have been the end of motorcycling in London: together we stopped that."

A Hackney Council spokesperson said: “We introduced motorcycle parking charges to help reduce pollution and manage limited kerbside space in Hackney. Our updated policy maintains the principle of emission-based parking charges for polluting motorcycles.

“Following constructive discussions with user groups, we have now altered our charges to incentivise zero-emission vehicles and reflect that motorcycles take up less space than cars.”

The council also said it rigorously undertakes equalities impact assessments (EQIAs) and continually monitors the impact of its transport policies.

It added that its revised fee structure ensures it continues to meet its obligations under Section 122 of the Road Traffic Regulation Act by facilitating efficient traffic flow while supporting its air quality targets.

Adam Carey