Traffic Management Act 2004 (c. 18)

(The document as of February, 2008)

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Traffic Management Act 2004

2004 CHAPTER 18

CONTENTS

An Act to make provision for and in connection with the designation of traffic officers and their duties; to make provision in relation to the management of road networks; to make new provision for regulating the carrying out of works and other activities in the street; to amend Part 3 of the New Roads and Street Works Act 1991 and Parts 9 and 14 of the Highways Act 1980; to make new provision in relation to the civil enforcement of traffic contraventions; to amend section 55 of the Road Traffic Regulation Act 1984; and for connected purposes.

[22nd July 2004]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--

Part 1 Traffic Officers

Traffic officers for England and for Wales

1 Traffic officers: introduction

(1) This Part makes provision for the designation of individuals as traffic officers by, or under an authorisation given by, the Secretary of State or the Assembly.

(2) The duties assigned to traffic officers must be connected with, or intended to facilitate or to be conducive or incidental to--

(a) the management of traffic on the relevant road network; or

(b) the performance of any other functions of the appropriate national authority (in its capacity as a traffic authority or highway authority).

(3) In subsection (2) "the relevant road network" means--

(a) the network of relevant roads in England (in the case of traffic officers designated by, or under an authorisation given by, the Secretary of State); or

(b) the network of relevant roads in Wales (in the case of traffic officers designated by, or under an authorisation given by, the Assembly).

(4) Traffic officers shall have such special powers (for use in connection with the performance of their duties) as are referred to in section 5(1).

(5) In this Part "relevant road" means a road in England for which the Secretary of State is the traffic authority or a road in Wales for which the Assembly is the traffic authority.

2 Designation of traffic officers

(1) The appropriate national authority may--

(a) designate individuals as traffic officers; and

(b) authorise another person to designate individuals as traffic officers.

(2) An authorisation under subsection (1)--

(a) must be given (and may be varied or withdrawn) in writing; and

(b) may be given subject to such limitations and conditions as the appropriate national authority thinks appropriate.

(3) The designation of an individual as a traffic officer must be made (and may be withdrawn) in writing.

(4) A designation may provide that it is to remain in force (unless it is withdrawn or otherwise ceases to have effect) for a specified period.

(5) A traffic officer designated under an authorisation must be employed by, or by a person providing services to, the authorised person.

(6) An individual designated under an authorisation shall cease to be a traffic officer if the person who appointed him either withdraws his designation or ceases to be authorised.

(7) The appropriate national authority may direct an authorised person to withdraw immediately the designation of all or any of the individuals who have been designated by that person.

Jurisdiction and powers of traffic officers

3 Jurisdiction of traffic officers

(1) A traffic officer has jurisdiction--

(a) over any relevant road in England (if he was designated by, or under an authorisation given by, the Secretary of State); or

(b) over any relevant road in Wales (if he was designated by, or under an authorisation given by, the Assembly),

unless his designation provides that this subsection does not apply to him.

(2) If subsection (1) does not apply to a traffic officer, he has jurisdiction only over such relevant roads, or relevant roads of such descriptions, as may be specified in his designation.

4 Powers to direct traffic officers

(1) A traffic officer shall, when carrying out his duties, comply with any direction of a constable.

(2) Subject to that, a traffic officer designated by an authorised person shall, when carrying out his duties, comply with any direction of the appropriate national authority.

5 The special powers of a traffic officer

(1) For the purposes of this Part the special powers of a traffic officer are the following--

(a) powers conferred by sections 6 and 7;

(b) powers conferred by orders under section 8; and

(c) powers conferred by or under any other Act which are expressed to be special powers for the purposes of this section.

(2) The exercise of those powers is subject to the following restrictions.

(3) Those powers may only be exercised for one or more of the following purposes--

(a) maintaining or improving the movement of traffic on a relevant road over which the traffic officer has jurisdiction by virtue of section 3;

(b) preventing or reducing the effect of anything causing (or which has the potential to cause) congestion or other disruption to the movement of traffic on such a road;

(c) avoiding danger to persons or other traffic using such a road (or preventing risks of any such danger arising);

(d) preventing damage to, or to anything on or near, such a road;

or for a purpose incidental to any of those purposes.

(4) Subject to that, those powers may be exercised--

(a) on or in relation to any relevant road over which the traffic officer has jurisdiction to act by virtue of section 3; or

(b) if the condition specified in subsection (5) is met, on or in relation to any other road in England and Wales.

(5) The condition is that the traffic officer is acting--

(a) at the direction of the chief officer of police for the area in which the road is situated; or

(b) with the consent of the traffic authority for the road.

(6) A traffic officer may not exercise his special powers on a road unless he is in uniform.

6 Powers to stop or direct traffic

(1) This section confers the following powers on a traffic officer--

(a) a power, when the traffic officer is engaged in the regulation of traffic in a road, to direct a person driving or propelling a vehicle--

(i) to stop the vehicle, or

(ii) to make it proceed in, or keep to, a particular line of traffic;

(b) a power, for the purposes of a traffic survey of any description which is being carried out on or in the vicinity of a road, to direct a person driving or propelling a vehicle--

(i) to stop the vehicle, or

(ii) to make it proceed in, or keep to, a particular line of traffic, or

(iii) to proceed to a particular point on or near the road on which the vehicle is being driven or propelled;

(subject to the restriction in section 35(3) of the Road Traffic Act 1988 (c. 52));

(c) a power, when the traffic officer is engaged in the regulation of vehicular traffic in a road, to direct persons on foot (or such persons and other traffic) to stop;

(d) a power to direct a person driving a mechanically propelled vehicle, or riding a cycle, on a road to stop the vehicle or cycle.

(2) In section 35 of the Road Traffic Act 1988 (drivers to comply with traffic directions)--

(a) in subsection (1)--

(i) after "a constable" there is inserted "or traffic officer";

(ii) after "duty" there is inserted "or the traffic officer (as the case may be)";

(b) in subsection (2)(b) after "constable" there is inserted "or traffic officer".

(3) In section 37 of that Act (directions to pedestrians)--

(a) after "uniform" there is inserted "or traffic officer";

(b) after "duty" there is inserted "or the traffic officer (as the case may be)".

(4) In section 163 of that Act (power of police to stop vehicles), in subsections (1) and (2) after "uniform" there is inserted "or a traffic officer".

(5) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences under the Traffic Acts), in column 5 of the entry relating to section 35 of the Road Traffic Act 1988 after "constable" there is inserted ", traffic officer".

7 Powers to place temporary traffic signs

(1) A traffic officer has the powers of a constable under section 67(1) of the Road Traffic Regulation Act 1984 (c. 27) (power in the case of emergencies and temporary obstructions etc. to place and temporarily maintain traffic signs on a road or on any structure on a road).

(2) The references in section 67(1) and (2) to powers conferred by subsection (1) of that section include a reference to the corresponding powers of a traffic officer by virtue of this section.

8 Power to confer further special powers on traffic officers

(1) The appropriate national authority may by order made by statutory instrument confer further special powers on traffic officers.

(2) The national authority may not confer a further special power on traffic officers unless it is satisfied that the power is necessary for the purpose of facilitating the performance of any duties which may be assigned to traffic officers.

(3) The order may--

(a) provide for the enforcement of any special power conferred by the order (whether by the creation of a summary offence or otherwise);

(b) make supplemental, incidental, transitional or consequential provision (including provision amending any Act or subordinate legislation).

(4) An order under this section may not be made by the Secretary of State unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

9 Removal of certain vehicles by traffic officers

(1) The power to make regulations under section 99 of the Road Traffic Regulation Act 1984 (c. 27) includes, in relation to the removal of vehicles by traffic officers, power to make consequential provision.

(2) The provision which may be made by virtue of subsection (1) includes in particular provision--

(a) amending, or

(b) applying in relation to vehicles removed by traffic officers (with or without modifications),

any provision of sections 100 to 102 of that Act (disposal of vehicles removed under section 99).

Miscellaneous and supplementary

10 Offences

(1) A person who assaults a traffic officer in the execution of his duties is guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale (or both).

(2) A person who resists or wilfully obstructs a traffic officer in the execution of his duties is guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 3 on the standard scale (or both).

(3) A person who, with intent to deceive--

(a) impersonates a traffic officer,

(b) makes any statement or does any act calculated falsely to suggest that he is a traffic officer, or

(c) makes any statement or does any act calculated falsely to suggest that he has powers as a traffic officer that exceed the powers he actually has,

is guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale (or both).

(4) A person to whom this subsection applies who fails to give his name and address to a traffic officer in uniform on being required to do so by that officer is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) Subsection (4) applies to a person whom the traffic officer reasonably believes to have been the driver of a vehicle at a time of a failure to comply with--

(a) a direction given in relation to that vehicle under a power conferred by section 6, or

(b) the indication given by a traffic sign placed under a power conferred by section 7.

(6) In the case of offences committed before the commencement of section 281(5) of the Criminal Justice Act 2003--

(a) subsections (1) and (3) apply as if for "51 weeks" there were substituted "six months"; and

(b) subsection (2) applies as if for "51 weeks" there were substituted "one month".

11 Uniform

The appropriate national authority shall determine the uniform for traffic officers designated by, or under an authorisation given by, that authority.

12 Power to charge for traffic officer services provided on request

The appropriate national authority may, at the request of any person, agree to arrange for the services of a traffic officer to be provided to that person subject to the payment of a charge.

13 Power to acquire land

In the Highways Act 1980 (c. 66), after section 245 (acquisition of land for buildings etc. required for discharge of functions of highway authority) there is inserted--

" 245A Acquisition of land by Secretary of State or Assembly for buildings etc. needed for traffic management purposes

(1) The Secretary of State may acquire land which in his opinion is required for the provision of any buildings or facilities which are needed--

(a) for use by, or in connection with the activities of, traffic officers in England; or

(b) for other purposes connected with the management of traffic on highways in England for which he is the highway authority.

(2) The National Assembly for Wales may acquire land which in its opinion is required for the provision of any buildings or facilities which are needed--

(a) for use by, or in connection with the activities of, traffic officers in Wales; or

(b) for other purposes connected with the management of traffic on highways in Wales for which it is the highway authority. "

14 Financial assistance to authorised persons

The appropriate national authority may give financial assistance to an authorised person, in such form and on such terms as it considers appropriate, in respect of the traffic officers designated by that person (including financial assistance in respect of equipment, accommodation or other facilities provided for those traffic officers).

15 Interpretation of Part 1

In this Part--

• "the appropriate national authority" means--

  (a)

  the Secretary of State, as respects England; and

  (b)

  the Assembly, as respects Wales;

• "the Assembly" means the National Assembly for Wales;

• "authorised person" means a person who is authorised under section 2;

• "designation" means designation as a traffic officer under section 2;

• "relevant road" has the meaning given by section 1(5);

• "road" means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes;

• "traffic authority" has same meaning as in the Road Traffic Regulation Act 1984 (c. 27);

• "traffic officer" means an individual designated under section 2.

Part 2 Network management by local traffic authorities

General duties relating to network management

16 The network management duty

(1) It is the duty of a local traffic authority to manage their road network with a view to achieving, so far as may be reasonably practicable having regard to their other obligations, policies and objectives, the following objectives--

(a) securing the expeditious movement of traffic on the authority's road network; and

(b) facilitating the expeditious movement of traffic on road networks for which another authority is the traffic authority.

(2) The action which the authority may take in performing that duty includes, in particular, any action which they consider will contribute to securing--

(a) the more efficient use of their road network; or

(b) the avoidance, elimination or reduction of road congestion or other disruption to the movement of traffic on their road network or a road network for which another authority is the traffic authority;

and may involve the exercise of any power to regulate or co-ordinate the uses made of any road (or part of a road) in the road network (whether or not the power was conferred on them in their capacity as a traffic authority).

(3) In this Part "network management duty", in relation to a local traffic authority, means their duty under this section.

17 Arrangements for network management

(1) A local traffic authority shall make such arrangements as they consider appropriate for planning and carrying out the action to be taken in performing the network management duty.

(2) The arrangements must include provision for the appointment of a person (to be known as the "traffic manager") to perform such tasks as the authority consider will assist them to perform their network management duty.

(3) The traffic manager may (but need not) be an employee of the authority.

(4) The arrangements must include provision for establishing processes for ensuring (so far as may be reasonably practicable) that the authority--

(a) identify things (including future occurrences) which are causing, or which have the potential to cause, road congestion or other disruption to the movement of traffic on their road network; and

(b) consider any possible action that could be taken in response to (or in anticipation of) anything so identified;

but nothing in this subsection is to be taken to require the identification or consideration of anything appearing to have only an insignificant effect (or potential effect) on the movement of traffic on their road network.

(5) The arrangements must include provision for ensuring that the authority--

(a) determine specific policies or objectives in relation to different roads or classes of road in their road network;

(b) monitor the effectiveness of--

(i) the authority's organisation and decision-making processes; and

(ii) the implementation of their decisions; and

(c) assess their performance in managing their road network.

(6) The authority must keep under review the effectiveness of the arrangements they have in place under this section.

18 Guidance to local traffic authorities

(1) The appropriate national authority may publish guidance to local traffic authorities about the techniques of network management or any other matter relating to the performance of the duties imposed by sections 16 and 17.

(2) In performing those duties a local traffic authority shall have regard to any such guidance.

19 Power to require information relating to network management

(1) The appropriate national authority may direct a local traffic authority to provide it, within a specified period, with specified information connected with any aspect of the performance of their duties under sections 16 and 17.

(2) The information that may be specified in such a direction--

(a) must be information which the authority have in their possession or can reasonably be expected to acquire; and

(b) includes, in particular, information relating to--

(i) the management of a local traffic authority's road network; or

(ii) the use of their road network by different kinds of traffic or the effects of that use.

(3) A direction under this section may be given to two or more local traffic authorities or to local traffic authorities of a description specified in the direction.

(4) A direction under this section given to a London authority must be copied to the Mayor.

Enforcement of network management duties

20 Intervention notices

(1) If the appropriate national authority considers that a local traffic authority may be failing properly to perform any of their duties under sections 16 and 17 it may give a notice stating that it is of that opinion (an "intervention notice") to the authority.

(2) An intervention notice must--

(a) give brief particulars of the grounds for giving the notice; and

(b) offer the local traffic authority the opportunity (within a specified period) to make representations or proposals about any matter raised by the notice.

(3) The notice may also require the local traffic authority to provide the national authority, within the period specified under subsection (2)(b), with specified information.

(4) Any information specified in the notice must be information that the national authority considers will assist it in deciding what further action (if any) to take.

(5) The Secretary of State shall consult the Mayor before giving an intervention notice to a London authority and, if such a notice is given, shall give him a copy of it.

21 Intervention orders

(1) If the appropriate national authority is satisfied that a local traffic authority are failing properly to perform any duty under sections 16 and 17 it may, by order made by statutory instrument (an "intervention order"), make provision for or in connection with the appointment of a traffic director.

(2) In this Part "traffic director" means a person appointed by the national authority with such objectives as the national authority considers will secure that the duty in question is properly performed.

(3) An intervention order providing for the appointment of a traffic director must (among other things)--

(a) state that the national authority is satisfied as mentioned in subsection (1);

(b) give brief particulars of the grounds for appointing a traffic director;

(c) set out the objectives of the traffic director; and

(d) confer such general powers on the traffic director as the national authority considers appropriate for achieving those objectives.

(4) But such an order may not be made unless--

(a) reasonable notice of the grounds for appointing a traffic director has been given to the local traffic authority in an intervention notice; and

(b) the period specified in the notice under section 20(2)(b) has expired;

but if that period has expired an order may be made whether or not the local traffic authority have complied with any requirements specified under section 20(3).

(5) The general powers which may be conferred on the traffic director are powers authorising him--

(a) to monitor any matter;

(b) to report on any matter;

(c) to intervene in activities of the local traffic authority; and

(d) to carry out functions of the local traffic authority.

The general powers are explained further in sections 23 to 25.

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