Traffic Management Act 2004 (c. 18)

(The document as of February, 2008)

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(6) The fifth exception is where--

(a) the vehicle is being used in connection with any of the following--

(i) undertaking any building operation, demolition or excavation,

(ii) the collection of waste by a local authority,

(iii) removing an obstruction to traffic,

(iv) undertaking works in relation to a road, a traffic sign or road lighting, or

(v) undertaking works in relation to a sewer or water main or in relation to the supply of gas, electricity, water or communications services,

(b) it cannot be so used without being parked as mentioned in subsection (1), and

(7) In this section "carriageway", "cycle track" and "footway" have the meanings given by section 329(1) of the Highways Act 1980 (c. 66).

(8) References in this section to parking include waiting, but do not include stopping where--

(a) the driver is prevented from proceeding by circumstances beyond his control or it is necessary for him to stop to avoid an accident, or

(b) the vehicle is stopped, for no longer than is necessary, for the purpose of allowing people to board or alight from it.

(9) The prohibition in this section is enforceable as if imposed--

(a) in Greater London, by an order under section 6 of the Road Traffic Regulation Act 1984 (c. 27),

(b) elsewhere in England and Wales, by an order under section 1 of that Act.

Supplementary

87 Guidance to local authorities

(1) The appropriate national authority may publish guidance to local authorities about any matter relating to their functions in connection with the civil enforcement of traffic contraventions.

(2) In exercising those functions a local authority must have regard to any such guidance.

88 Financial provisions

(1) The appropriate national authority may make provision by regulations--

(a) requiring the keeping of accounts, and the preparation and publication of statements of account, of the income and expenditure of enforcement authorities in connection with their functions under this Part, and

(b) as to the purposes for which any surpluses may be applied.

(2) The regulations may provide--

(a) for separate accounts to be kept in respect of an authority's functions in relation to different descriptions of contravention, and

(b) for accounts to be kept in respect of an authority's income and expenditure in respect of functions under this Part and such other functions as may be specified in the regulations.

(3) The regulations may provide that section 55 of the Road Traffic Regulation Act 1984 (financial provisions relating to income and expenditure from parking places) applies in relation to income and expenditure of enforcement authorities in connection with their functions under this Part of this Act in relation to parking contraventions, subject to such modifications as may be specified in the regulations.

(4) The regulations may provide for carrying forward a surplus arising before the commencement of this Part on an account kept under--

(a) section 55 of the Road Traffic Regulation Act 1984 as modified by an order under Schedule 3 to the Road Traffic Act 1991 (c. 40) (parking contraventions),

(b) regulations under section 144 of the Transport Act 2000 (c. 38) (bus lane contraventions), or

(c) Schedule 2 to the London Local Authorities and Transport for London Act 2003 (c. iii) (London lorry ban contraventions or moving traffic contraventions).

89 Regulations and orders

(1) Regulations and orders under this Part may make provision for Greater London different from that made for the rest of England.

(2) Regulations and orders under this Part made by the Lord Chancellor may make provision for Wales different from that made for England.

(3) Regulations and orders under this Part may contain incidental, consequential or transitional provision or savings.

(4) Regulations and orders under this Part made by a Minister of the Crown or by the National Assembly for Wales shall be made by statutory instrument.

(5) Regulations under section 80 may not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament.

(6) Subject to that, a statutory instrument containing regulations or an order under this Part made by a Minister of the Crown is subject to annulment in pursuance of a resolution of either House of Parliament.

90 Application to Crown and visiting forces

(1) This Part does not apply in relation to a vehicle that--

(a) at the relevant time is used or appropriated for use for naval, military or airforce purposes, or

(b) belongs to any visiting forces (within the meaning of the Visiting Forces Act 1952 (c. 67)) or is at the relevant time used or appropriated for use by any such forces.

(2) The provisions of this Part apply to--

(a) vehicles in the public service of the Crown that are required to be registered under the Vehicle Excise and Registration Act 1994 (c. 22) (other than those exempted by subsection (1)(a) above), and

(b) persons in the public service of the Crown.

(3) This Part does not apply in relation to Crown roads within the meaning of section 131 of the Road Traffic Regulation Act 1984 (c. 27) (application of road traffic enactments to Crown roads) unless applied by order under that section.

91 Consequential amendments

Schedule 11 provides for amendments consequential on the provisions of this Part.

92 Minor definitions

(1) In this Part--

"appropriate national authority" means--
(a)
as regards England, the Secretary of State, and
(b)
as regards Wales, the National Assembly for Wales;
"approved device" means a device of a description specified in an order made by the appropriate national authority;
"fixed penalty notice" has the meaning given by section 52(1) of the Road Traffic Offenders Act 1988 (c. 53);
"GLA road" means--
(a)
a GLA road within the meaning of the Highways Act 1980 (c. 66) (see sections 329(1) and 14D(1) of that Act), or
(b)
a GLA side road within the meaning of the Road Traffic Regulation Act 1984 (c. 27) (see sections 124A(9) and 142(1) of that Act);
"immobilisation device" has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984;
"local authority" means--
(a)
as regards England, a county council, a London authority, a metropolitan district council or the Council of the Isles of Scilly,
(b)
as regards Wales, a county or county borough council;
"London authority" means a London local authority or Transport for London;
"London local authority" means a London borough council or the Common Council of the City of London;
"operator", in relation to a vehicle, means a person who holds an operator's licence in respect of the vehicle under section 2 of the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23);
"owner", in relation to a vehicle, means the person by whom the vehicle is kept, which in the case of a vehicle registered under the Vehicle Excise and Registration Act 1994 (c. 22) is presumed (unless the contrary is proved) to be the person in whose name the vehicle is registered;
"penalty charge" means a penalty charge imposed under this Part;
"road" has the same meaning as in the Road Traffic Regulation Act 1984;
"subordinate legislation" has the same meaning as in the Interpretation Act 1978 (c. 30) (see section 21(1) of that Act);
"traffic sign" has the meaning given by section 64 of the Road Traffic Regulation Act 1984.

(2) Any reference in this Part to contravention of an order, or of provision made by or under an order, includes a failure to comply with the order or provision.

93 Index of defined expressions

In this Part the expressions listed below are defined or otherwise explained by the provisions indicated--

appropriate national authority	section 92
approved device	section 92
bus lane contravention	Part 2 of Schedule 7
civil enforcement area	Schedule 8
civil enforcement officer	Section 76
enforcement authority	Schedule 8
fixed penalty notice	section 92
GLA road	section 92
immobilisation device	section 92
local authority	section 92
London local authority	section 92
London lorry ban contravention	Part 3 of Schedule 7
moving traffic contravention	Part 4 of Schedule 7
operator	section 92
owner	section 92
parking contravention	Part 1 of Schedule 7
penalty charge	section 92
road	section 92
road traffic contravention	Schedule 7
special enforcement area	Schedule 10
subordinate legislation	section 92
traffic sign	section 92

Part 7 Miscellaneous and General

94 Power to inspect blue badges

(1) Section 21 of the Chronically Sick and Disabled Persons Act 1970 (c. 44) (badges for display on motor vehicles used by disabled persons) is amended as follows.

(2) In subsection (4B) after "a badge" there is inserted "purporting to be".

(3) After subsection (4B) there is inserted--

" (4BA) Where it appears to a constable or enforcement officer that there is displayed on any motor vehicle a badge purporting to be of a form prescribed under this section, he may require any person who--

(a) is in the vehicle, or

(b) appears to have been in, or to be about to get into, the vehicle,

to produce the badge for inspection.

(4BB) In subsection (4BA) "enforcement officer" means--

(a) a traffic warden;

(b) a civil enforcement officer (within the meaning of section 76 of the Traffic Management Act 2004);

(4BC) The power conferred on an enforcement officer by subsection (4BA) is exercisable only for purposes connected with the discharge of his functions in relation to a stationary vehicle.

(4BD) A person who without reasonable excuse fails to produce a badge when required to do so under subsection (4BA) shall be guilty of an offence. "

(4) In subsection (4C) after "(4B)" there is inserted "or (4BD)".

(5) In section 117 of the Road Traffic Regulation Act 1984 (c. 27) (wrongful use of disabled person's badge), in subsection (1)(a) after "badge" there is inserted "purporting to be".

95 Application of surplus income from parking places

(1) Section 55 of the Road Traffic Regulation Act 1984 (financial provisions relating to income and expenditure of local authority in connection with parking places) is amended as follows.

(2) In subsection (4), for paragraph (d) (purposes for which surplus may be applied if further off-street parking not needed) substitute--

" (d) if it appears to the local authority that the provision in their area of further off-street parking accommodation is unnecessary or undesirable, the following purposes--

(i) meeting costs incurred, whether by the local authority or by some other person, in the provision or operation of, or of facilities for, public passenger transport services,

(ii) the purposes of a highway or road improvement project in the local authority's area,

(iii) in the case of a London authority, meeting costs incurred by the authority in respect of the maintenance of roads maintained at the public expense by them,

(iv) the purposes of environmental improvement in the local authority's area,

(v) in the case of such local authorities as may be prescribed, any other purposes for which the authority may lawfully incur expenditure; "

(3) After subsection (4A) insert--

" (4B) For the purposes of subsection (4)(d)(iv) "environmental improvement" includes--

(a) the reduction of environmental pollution (as defined in the Pollution Prevention and Control Act 1999 (c. 24); see section 1(2) and (3) of that Act);

(b) improving or maintaining the appearance or amenity of--

(i) a road or land in the vicinity of a road, or

(ii) open land or water to which the general public has access; and

(4C) Regulations for the purposes of subsection (4)(d)(v) above--

(a) may prescribe all local authorities, particular authorities or particular descriptions of authority,

(b) may make provision by reference to whether the authority or authorities in question have been classified for the purposes of any other enactment as falling or not falling within a particular category, and

(c) may make provision for the continued application of that provision, in prescribed cases and to such extent as may be prescribed, where an authority that is prescribed or of a prescribed description ceases to be so. " .

(4) In section 100(2) of the Local Government Act 2003 (c. 26) (powers exercisable by reference to performance categories under that Act), before paragraph (a) insert--

" (za) to make regulations for the purposes of section 55(4)(d)(v) of the Road Traffic Regulation Act 1984; " .

96 Wales

References in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) to--

(a) the Highways Act 1980 (c. 66),

(b) the Road Traffic Regulation Act 1984 (c. 27), and

are to be treated as references to those Acts as amended by this Act.

97 Financial provision

(1) There shall be paid out of money provided by Parliament--

(a) any expenditure incurred by the Secretary of State in respect of--

(i) traffic officers designated under Part 1 (including expenditure relating to the provision of financial assistance under section 14 or other expenditure relating to the provision of equipment, accommodation or other facilities);

(ii) the establishment and operation of regional centres for the management of traffic on his road network;

(iii) the provision, for purposes connected with the management of traffic on his road network, of information or advice to the public;

(iv) other activities carried out for purposes connected with the management of traffic on his road network;

(b) any other expenditure incurred by the Secretary of State in consequence or by virtue of this Act;

(2) In this section references to the Secretary of State's road network are to the network of roads in England for which he is the traffic authority (within the meaning of the Road Traffic Regulation Act 1984).

98 Repeals

Schedule 12 contains repeals.

99 Commencement, transitionals and savings

(1) The preceding provisions of this Act shall come into force on such day as the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may appoint by order made by statutory instrument.

(2) Different days may be appointed for different purposes.

(3) For the purposes of Part 6 (civil enforcement of road traffic contraventions), and related repeals, different days may be appointed for different areas.

(4) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order made by statutory instrument make transitional provision or savings in connection with the coming into force of any provision of this Act.

100 Short title and extent

(1) This Act may be cited as the Traffic Management Act 2004.

(2) This Act extends to England and Wales only.

SCHEDULES

Section 40

SCHEDULE 1 Increase in maximum fines for certain summary offences under the 1991 Act

Provision specifying fine

Brief description of offence or offences to which the fine relates

New maximum fine

Section 51(2)

Offences under s. 51(1) (prohibition of authorised street works)

level 5

Section 54(5)

Failure to comply with duties under s.54 (advance notice of certain works, etc.)

level 4

Section 55(5)

Beginning to execute works in contravention of s. 55 (notice of starting date of works)

level 4

Section 56(3)

Execution of works in contravention of direction under s. 56 (directions as to timing of street works)

level 5

Section 57(4)

Failure to give notice in accordance with s. 57 (notice of emergency works)

level 4

Section 58(6)(a)

Carrying out works in contravention of a restriction imposed under s. 58 (restriction on works following substantial road works)

level 5

Section 60(3)

Failure to comply with duty under s. 60(1) (general duty of undertakers to co-operate)

level 5

Section 65(4)

Failure to comply with s. 65(1) or (2) (safety measures)

level 5

Section 65(6)

Interference with safety measures taken by undertaker

level 5

Section 66(2)

Failure to comply with s. 66(1) (duty to carry on and complete certain street works with all reasonably practicable dispatch)

level 5

Section 67(3)

Failure to comply with s.67(1), (2) or (2C) (duties relating to the use of qualified supervisors and operatives)

level 5

Section 68(2)

Failure by undertaker to afford street authority with reasonable facilities for ascertaining whether he is complying with his duties under Part 3

level 4

Section 69(2)

Failure to comply with s. 69(1) (requirements relating to street works likely to affect another person's apparatus in the street)

level 4

Section 71(5)

Failure to comply with duties under s. 71 (prescribed requirements as to materials and workmanship and performance standards for reinstatements)

level 5

Section 79(4)

Failure to comply with duties under s. 79(1) to (3) (records of location of apparatus)

level 5

Section 80(4)

Failure to comply with s. 80(1) (duty to inform other undertaker of location of certain apparatus) or requirements imposed under s.80(2) (duties applicable where ownership of certain apparatus cannot be ascertained)

level 4

Section 83(3)

Failure by authority to comply with s. 83(2) (requirements relating to certain road works likely to affect apparatus in the street)

level 4

Section 92(2)

Failure to comply with a special requirement as to the displaying of lights imposed by a transport authority under s. 92(1)

level 5

Schedule 3, paragraph 5(3)

Failure to comply with obligation under paragraph 5 (obligations to give notice to street authority)

level 4

Schedule 4, paragraph 6

Execution of works in street with special engineering difficulties in contravention of paragraph 2 (requirement for agreed plan and section before executing works) or paragraph 3 (requirement to furnish plan and section after emergency works)

level 5

Schedule 4, paragraph 12(5)

Failure to execute works in such a street in accordance with a direction under paragraph 12

level 5

Schedule 4, paragraph 13(2)

Failure to comply with paragraph 13(1) (requirement to exec

Section 41

SCHEDULE 2 Schedule 4A to the New Roads and Street Works Act 1991

Section 95A

" SCHEDULE 4A fixed penalty offences under part 3

Offence	Brief description
An offence under section 54(5)	Failure to comply with duties under s. 54 (advance notice of certain works, etc.)
An offence under section 55(5)	Beginning to execute works in contravention of s. 55 (notice of starting date)
An offence under section 55(9)	Failure to give notice in accordance with s. 55(8) (notice to be given on s. 55 notice ceasing to have effect)
An offence under section 57(4)	Failure to give notice in accordance with s. 57 (notice of emergency works)
An offence under section 70(6) consisting of a failure to comply with subsection (3) or (4A)	Failure to comply with requirements to give notice of completion of reinstatement
An offence created by regulations made under section 74(7B)	Failure to give a notice required by regulations under s. 74 (charge for occupation of the highway where works unreasonably delayed)
An offence created by regulations made under section 74A(11)	Failure to give a notice required by regulations under s. 74A (charge determined by reference to duration of works) "

Section 41

SCHEDULE 3 Schedule 4B to the New Roads and Street Works Act 1991

Section 95A

" SCHEDULE 4B Fixed penalties for certain offences under Part 3

Power to give fixed penalty notices

1 (1) An authorised officer of a street authority may, if he has reason to believe that a person is committing or has committed a fixed penalty offence, give him a fixed penalty notice in relation to that offence.

(2) In this Schedule "fixed penalty notice" means a notice offering a person the opportunity of discharging any liability to conviction for a fixed penalty offence by payment of a penalty.

2 A fixed penalty notice for an offence may not be given after such time relating to the offence as the Secretary of State may by regulations prescribe.

Contents of fixed penalty notice

3 (1) A fixed penalty notice must identify the offence to which it relates and give reasonable particulars of the circumstances alleged to constitute that offence.

(2) A fixed penalty notice must also state--

(a) the amount of the penalty and the period within which it may be paid;

(b) the discounted amount and the period within which it may be paid;

(d) the method or methods by which payment may be made;

(e) the person to whom and the address at which any representations relating to the notice may be addressed;

(f) the consequences of not making a payment within the period for payment.

(3) The person specified under sub-paragraph (2)(c) must be the street authority or a person acting on their behalf.

The amount of the penalty and the period for payment

4 (1) The penalty for a fixed penalty offence is (subject to paragraph 5) such amount, not exceeding 30 per cent. of the maximum fine for that offence, as may be prescribed.

(2) The period for payment of the penalty is the period of 29 days beginning with the day on which the notice is given.

(3) The street authority may extend the period for paying the penalty in any particular case if they consider it appropriate to do so.

The discounted amount

5 (1) A discounted amount is payable instead of the amount prescribed under paragraph 4(1) if payment is made before the end of the period of 15 days beginning with the day on which the notice is given.

(2) The discounted amount for a fixed penalty offence is such amount, not exceeding 25 per cent. of the maximum fine for the offence, as may be prescribed.

(3) If the last day of the period specified in sub-paragraph (1) does not fall on a working day, the period for payment of the discounted amount is extended until the end of the next working day.

Effect of notice and payment of penalty

6 (1) This paragraph applies where a person is given a fixed penalty notice in respect of a fixed penalty offence.

(2) No proceedings for the offence may be commenced before the end of the period for payment of the penalty.

(3) No such proceedings may be commenced or continued if payment of the penalty is made before the end of that period or is accepted by the street authority after that time.

(4) Payment of the discounted amount only counts for the purposes of sub-paragraph (3) if it is made before the end of the period for payment of the discounted amount.

(5) In proceedings for the offence a certificate which--

(a) purports to be signed by or on behalf of the person having responsibility for the financial affairs of the street authority; and

(b) states that payment of an amount specified in the certificate was or was not received by a date so specified,

is evidence of the facts stated.

Power to withdraw notices

7 (1) If the street authority consider that a fixed penalty notice which has been given ought not to have been given, they may give to the person to whom it was given a notice withdrawing the fixed penalty notice.

(2) Where a notice under sub-paragraph (1) is given--

(a) the authority shall repay any amount which has been paid by way of penalty in pursuance of the fixed penalty notice; and

(b) no proceedings shall be commenced or continued against that person for the offence in question.

(3) The street authority shall consider any representations made by or on behalf of the recipient of a fixed penalty notice and decide in all the circumstances whether to withdraw the notice.

General and supplementary

8 The Secretary of State may, with the consent of the Treasury, make regulations about--

(a) the application by street authorities of fixed penalties paid under this Schedule;

(b) the keeping of accounts, and the preparation and publication of statements of account, relating to fixed penalties paid under this Schedule.

9 The Secretary of State may by regulations--

(a) prescribe circumstances in which fixed penalty notices may not be given;

(b) modify paragraph 4(2) or 5(1) so as to substitute a different period for the period for the time being specified there;

Section 52

SCHEDULE 4 Schedule 3A to the New Roads and Street Works Act 1991

" SCHEDULE 3A Restriction on works following substantial street works

Introductory

1 (1) This Schedule applies where a street authority receive a notice under section 54 or 55 that an undertaker is proposing to execute substantial street works in a highway.

(2) For the purposes of this Schedule, "substantial street works" means street works of such description as may be prescribed.

Notice by authority of proposed restriction

2 (1) The street authority may publish a notice--

(a) specifying the nature and location of the proposed works and the date on which it is proposed to begin them;

(b) stating that the authority propose to issue a direction under paragraph 4 imposing a restriction on street works;

(d) requiring any other undertakers who propose to execute street works in that part of the highway, and who have not already done so, to notify the authority of their proposed works within the period specified in the notice ("the notice period").

(2) The notice period shall not be less than such period as may be prescribed.

(3) A notice under this paragraph shall--

(a) be published in the prescribed form and manner; and

(b) comply with such requirements as to its form and content as may be prescribed.

(4) A copy of a notice under this paragraph shall be given to each of the following--

(a) where there is a public sewer in the part of the highway specified under sub-paragraph (1)(c), to the sewer authority;

(b) where that part of the highway is carried or crossed by a bridge vested in a transport authority, or crosses or is crossed by any other property held by or used for the purposes of a transport authority, to that authority;

(d) any person who has given notice under section 54 of his intention to execute street works in that part of the highway;

(e) any person who has apparatus in that part of the highway;

(f) any other person of a prescribed description.

(5) Notification under sub-paragraph (1)(d) shall be in such form, contain such information, and be made in such manner as may be prescribed.

(6) Section 55 does not apply in relation to works in the part of the highway specified under sub-paragraph (1)(c) that are begun between the end of the notice period and completion of the works referred to in paragraph 3(1)(a) to (c).

This sub-paragraph does not apply to cases prescribed under paragraph 3(5)(b).

Completion of notified works

3 (1) After the expiry of the notice period the street authority may issue directions to--

(a) the undertaker proposing to execute the substantial street works,

(b) any undertakers who have given notice under paragraph 2 in respect of works they propose to execute, and

(c) any undertakers who have previously given notice of works they propose to execute in the part of the highway specified under paragraph 2(1)(c).

(2) A direction to an undertaker under this paragraph is a direction as to the date on which he may begin to execute the works proposed by him.

(3) Where--

(a) a direction is given to an undertaker under this paragraph as respects the date on which he may begin to execute the works proposed by him, and

(b) he begins to execute those works before that date,

he is guilty of an offence.

(4) After the expiry of the notice period, any undertaker who, before completion of the works referred to in sub-paragraph (1)(a) to (c), executes any other street works in the part of the highway specified under paragraph 2(1)(c), commits an offence.

(5) Sub-paragraph (4) does not apply--

(a) where an undertaker executes emergency works; or

(b) in such other cases as may be prescribed.

(6) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Direction restricting further works

4 (1) After the expiry of the notice period and before completion of the works referred to in paragraph 3(1)(a) to (c) the authority may give a direction under this paragraph.

(2) A direction under this paragraph is a direction restricting the execution of street works in the part of the highway specified under paragraph 2(1)(c) for such period following completion of the works referred to in paragraph 3(1)(a) to (c) as may be specified in the direction.

(3) The duration of the period specified under sub-paragraph (2) may not exceed the duration of the restriction proposed by the authority under paragraph 2(1)(c).

(4) The period specified in a direction under this paragraph may not in any case exceed such period as may be prescribed.

(5) A direction under this paragraph shall--

(a) be given in the prescribed manner;

(b) comply with such requirements as to its form and content as may be prescribed.

(6) The street authority must send a copy of any direction under this paragraph to the persons specified in paragraph 2(4).

(7) A direction under this paragraph shall cease to have effect if the works referred to in paragraph 3(1)(a) to (c) to which it relates are not completed within such period as may be prescribed.

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