Traffic Management Act 2004 (c. 18)

(The document as of February, 2008)

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(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.

(8) A direction under this paragraph may be revoked at any time by the authority which gave it.

(9) Where a direction under this paragraph ceases to have effect by virtue of sub-paragraph (7), or is revoked by virtue of sub-paragraph (8), the street authority must notify the persons specified in paragraph 2(4).

(10) If the street authority decides not to give a direction under this paragraph, it must notify the persons specified in paragraph 2(4) accordingly.

Effect of direction imposing restriction

5 (1) Where a direction under paragraph 4 is in force, an undertaker may not during the period specified in the direction execute street works in the part of the highway to which the restriction relates.

(2) Sub-paragraph (1) does not apply--

(a) where an undertaker executes emergency works;

(b) where an undertaker executes works with the consent of the street authority; or

(3) The consent of the street authority under sub-paragraph (2)(b) shall not be unreasonably withheld; and any question whether the withholding of consent is unreasonable shall be settled in such manner as may be prescribed.

(4) Regulations under sub-paragraph (3) may in particular make provision for the question referred to in that sub-paragraph to be settled--

(a) by arbitration;

(b) by a person specified by the Secretary of State on appeal by the undertaker.

(5) An undertaker who contravenes sub-paragraph (1) commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(6) An undertaker convicted of an offence under sub-paragraph (5) is liable to reimburse the street authority any costs reasonably incurred by them in reinstating the highway.

Supplementary

6 An undertaker shall be taken not to have failed to fulfil any statutory duty to afford a supply or service if, or to the extent that, his failure is attributable to a restriction imposed under this Schedule. "

Section 64

SCHEDULE 5 Schedule 22A to the Highways Act 1980

Section 314A

" SCHEDULE 22A fixed penalty offences under part 9

Offence	Brief description
An offence under section 139(3)	Deposit of builder's skip on highway without permission of highway authority.
An offence under section 139(4)	Failure of owner of skip to ensure skip properly lit and marked and removed as soon as practicable once filled or to ensure conditions of permission complied with.
An offence created by regulations made under section 140A, consisting of a failure to give a notice	Failure to give a notice required by regulations under s.140A (charge for occupation of the highway by builder's skip for unreasonable period).
An offence created by regulations made under section 140B, consisting of a failure to give a notice	Failure to give a notice required by regulations under s.140B (charge determined by reference to duration of occupation of the highway by builder's skip).
An offence under section 169(5)	Offences relating to the erection or retention of scaffolding etc. which obstructs the highway.
An offence under section 170(1)	Mixing or depositing mortar etc. on highway.
An offence under section 171(6)	Offences relating to the deposit of materials on highway or the making of temporary excavations in it.
An offence created by regulations made under section 171A, consisting of a failure to give a notice	Failure to give a notice required by regulations under s.171A (charge for occupation of the highway by scaffolding etc. for unreasonable period).
An offence created by regulations made under section 171B, consisting of a failure to give a notice	Failure to give a notice required by regulations under s.171B (charge determined by reference to duration of occupation of the highway by scaffolding etc.). "

Section 64

SCHEDULE 6 Schedule 22B to the Highways Act 1980

Section 314A

" SCHEDULE 22B Fixed penalties for certain offences under Part 9

Power to give fixed penalty notices

1 (1) An authorised officer of a highway 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 any payment within the period for payment.

(3) The person specified under sub-paragraph (2)(c) must be the highway 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 highway 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.

(4) In sub-paragraph (3) "working day" means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday in the locality in which the highway in question is situated.

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 highway 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 highway 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 highway authority consider that a fixed penalty notice which has been given ought not to have been given, they may give to the person on 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 may be commenced or continued against that person for the offence in question.

(3) The highway 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 (1) In this Schedule "prescribed" means prescribed in regulations made by the Secretary of State.

(2) The Secretary of State may, with the consent of the Treasury, make regulations about--

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

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

(3) 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;

(4) Regulations under this Schedule may--

(a) make different provision (including provision prescribing the amount of the penalty or the discounted amount) for different purposes or areas;

(b) make consequential or transitional provision.

9 Section 323(1)(b) (reckoning of periods of 8 days or less) does not apply for the purposes of this Schedule. "

Section 73

SCHEDULE 7 Road traffic contraventions subject to civil enforcement

Part 1 Parking contraventions

Parking contraventions

1 References in this Part of this Act to a parking contravention shall be construed as follows.

Contraventions relating to parking places in Greater London

2 (1) In Greater London there is a parking contravention in relation to a vehicle if the vehicle is stationary in a parking place and--

(a) the vehicle has been left--

(i) otherwise than as authorised by or under any order relating to the parking place, or

(ii) beyond the period of parking that has been paid for,

(b) no parking charge payable with respect to the vehicle has been paid, or

(c) there has been, with respect to the vehicle, a contravention of any provision made by or under any order relating to the parking place.

(2) In sub-paragraph (1) "parking place" means--

(a) a parking place designated by an order made under section 6, 9 or 45 of the Road Traffic Regulation Act 1984 (c. 27), or

(b) an off-street parking place provided under section 32(1)(a) of that Act.

Other parking contraventions in Greater London

3 (1) In Greater London there is a parking contravention in relation to a vehicle if it is stationary in circumstances in which any of the offences listed below is committed.

(2) The offences are--

(a) an offence under section 15 of the Greater London Council (General Powers) Act 1974 (c. xxiv) (parking on footways, verges, etc.);

(b) an offence under section 8, 11, 16(1) or 16C of the Road Traffic Regulation Act 1984 (contravention of certain traffic orders) of contravening--

(i) a prohibition or restriction on waiting of vehicles, or

(ii) provision relating to any of the matters mentioned in paragraph 7 or 8 of Schedule 1 to that Act (conditions for loading or unloading, or delivering or collecting);

(c) an offence under section 25(5) of the Road Traffic Regulation Act 1984 of contravening regulation 18 or 20 of the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 (S.I. 1997/2400) (prohibition on stopping vehicles on or near pedestrian crossings);

(d) an offence under section 35A(1) of the Road Traffic Regulation Act 1984 (contravention of orders relating to parking places provided under section 32 or 33 of that Act);

(e) an offence under section 61(5) of the Road Traffic Regulation Act 1984 (parking in loading areas);

(f) an offence under section 19 of the Road Traffic Act 1988 (c. 52) (parking of HGVs on verges, central reservations or footways);

(g) an offence under section 21 of the Road Traffic Act 1988 (offences relating to cycle tracks) of parking a vehicle wholly or partly on a cycle track;

(h) an offence under section 36(1) of the Road Traffic Act 1988 (failure to comply with traffic sign) of failing to comply with a sign of a type referred to in--

(i) regulation 10(1)(b) of the Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113) (zig-zag lines relating to certain crossings), or

(ii) regulation 29(1) of those regulations (bus stop or bus stand markings).

(3) This paragraph does not apply to a contravention within paragraph 2 above (contraventions relating to parking places).

Parking contraventions outside Greater London

4 (1) Outside Greater London there is a parking contravention in relation to a vehicle if it is stationary in circumstances in which any of the offences listed below is committed.

(2) The offences are--

(a) an offence under section 64(3) of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) of causing a vehicle to stop on part of a road appointed, or deemed to have been appointed, as a hackney carriage stand;

(b) an offence under section 5, 11, 16(1) or 16C of the Road Traffic Regulation Act 1984 (c. 27) (contravention of certain traffic orders) of contravening a prohibition or restriction on waiting, or loading or unloading, of vehicles;

(d) an offence under section 35A(1), 47(1) or 53(5) or (6) of the Road Traffic Regulation Act 1984 (offences in connection with parking places);

(e) an offence under section 61(5) of the Road Traffic Regulation Act 1984 (parking in loading areas);

(f) an offence under section 6(6) of the Essex Act 1987 (c. xx) of leaving a vehicle on any land in contravention of a prohibition under that section (prohibitions relating to verges and certain other land adjoining or accessible from highway);

(g) an offence under section 19 of the Road Traffic Act 1988 (c. 52) (parking of HGVs on verges, central reservations or footways);

(h) an offence under section 21 of the Road Traffic Act 1988 (offences relating to cycle tracks) of parking a vehicle wholly or partly on a cycle track;

(i) an offence under section 36(1) of the Road Traffic Act 1988 (failure to comply with traffic sign) of failing to comply with a sign of a type referred to in--

(i) regulation 10(1)(b) of the Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113) (zig-zag lines relating to certain crossings), or

(ii) regulation 29(1) of those regulations (bus stop or bus stand markings).

Power to add further offences

5 (1) The appropriate national authority may by regulations amend paragraph 3 or 4 so as to add further offences (but only in so far as they relate to stationary vehicles).

(2) Before making regulations amending paragraph 3 the Secretary of State shall consult--

(a) the Commissioner of Police of the Metropolis and the Commissioner of Police for the City of London, and

(b) such associations of London authorities (if any) as he thinks appropriate.

(3) Before making regulations amending paragraph 4 the appropriate national authority shall consult--

(a) such representatives of chief officers of police, and

(b) such associations of local authorities (if any),

as the authority considers appropriate.

Part 2 Bus lane contraventions

Bus lane contraventions

6 (1) A bus lane contravention is a contravention of any provision of a traffic order relating to the use of an area of road that is or forms part of a bus lane.

(2) An area of road is or forms part of a bus lane if the order provides that it may be used--

(a) only by buses (or a particular description of bus), or

(b) only by buses (or a particular description of bus) and some other class or classes of vehicular traffic.

(3) In this paragraph--

"bus" includes a tramcar (within the meaning of section 141A of the Road Traffic Regulation Act 1984 (c. 27)) and a trolley vehicle (within the meaning of that section); and
"traffic order" means an order under section 1, 6, 9 or 14 of that Act.

Part 3 London lorry ban contraventions

London lorry ban contraventions

7 A London lorry ban contravention is a contravention of the Greater London (Restriction of Goods Vehicles) Traffic Order 1985 made by the Greater London Council under section 6 of the Road Traffic Regulation Act 1984, or any order replacing that order, as amended from time to time.

Part 4 Moving traffic contraventions

Moving traffic contraventions

8 (1) A moving traffic contravention is--

(a) an offence under section 36 of the Road Traffic Act 1988 (c. 52) of failing to comply with the indication given by a traffic sign that is subject to civil enforcement (see paragraph 9), or

(b) an offence of failing to comply with a traffic order in so far as it makes provision for a requirement, restriction or prohibition that is conveyed by a traffic sign subject to civil enforcement.

(2) In sub-paragraph (1)(b) "traffic order" means an order under section 1, 6, 9, 14 or 16A of the Road Traffic Regulation Act 1984 (c. 27).

(3) If conduct is both a moving traffic contravention and a London lorry ban contravention (see Part 3 above), a penalty charge may only be imposed on the latter basis.

(4) If in any other case the same conduct is a moving traffic contravention under sub-paragraph (1)(a) and (b), a penalty charge may be imposed on either basis but not both.

Traffic signs subject to civil enforcement

9 (1) The table below specifies the traffic signs that are subject to civil enforcement.

(2) In the table--

(a) column 1 sets out the description, corresponding to the description in the Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113), of the requirement, restriction or prohibition conveyed by the sign, and

(b) column 2 sets out the number given to the diagram illustrating the sign in that instrument.

(3) References in the table to any sign include any permitted variant of that sign.

(4) The table is as follows:

Description	Diagram number
Vehicular traffic must proceed in the direction indicated by the arrow	606
Vehicular traffic must turn ahead in the direction indicated by the arrow	609
Vehicular traffic must comply with the requirements in regulation 15	610
No right turn for vehicular traffic	612
No left turn for vehicular traffic	613
No U-turns for vehicular traffic	614
Priority must be given to vehicles from the opposite direction	615, 615.1
No entry for vehicular traffic (when the restriction or prohibition is one that may be indicated by another traffic sign subject to civil enforcement)	616
All vehicles prohibited except non-mechanically propelled vehicles being pushed by pedestrians	617
Entry to pedestrian zone restricted (alternative types)	618.2
Entry to and waiting in pedestrian zone restricted (alternative types)	618.3
Entry to and waiting in pedestrian zone restricted (variable message sign)	618.3A
Motor vehicles prohibited	619
Motor vehicles except solo motor cycles prohibited	619.1
Solo motor cycles prohibited	619.2
Goods vehicles exceeding the maximum gross weight indicated on the goods vehicle symbol prohibited	622.1A
One way traffic	652
Buses prohibited	952
Route for use by buses and pedal cycles only	953
Route for use by tramcars only	953.1
Route for use by pedal cycles only	955
Route for use by pedal cycles and pedestrians only	956
Route comprising two ways, for use by pedal cycles only and by pedestrians only	957
With-flow cycle lane	959.1
Contra-flow cycle lane	960.1
Box junction markings	1043, 1044

Power to amend table

10 (1) The appropriate national authority may by regulations amend the table in paragraph 9(4) so as to add further traffic signs.

(2) A traffic sign may only be added to the table if it is of a type--

(a) regulating the movement of vehicles (and not stationary vehicles),

(b) to which section 36 of the Road Traffic Act 1988 (c. 52) applies (offence of failure to comply with traffic sign), and

In paragraph (c) "offence involving obligatory endorsement" has the meaning given by section 96 of the Road Traffic Offenders Act 1988 (c. 53).

(3) Before making regulations under this paragraph the appropriate national authority shall consult--

(a) such representatives of chief officers of police, and

(b) such associations of local authorities (if any),

as the authority considers appropriate.

Section 74

SCHEDULE 8 Civil enforcement areas and enforcement authorities

Part 1 In Greater London

Civil enforcement of parking contraventions relating to parking places

1 (1) The whole of Greater London is a civil enforcement area for parking contraventions within paragraph 2 of Schedule 7 (contraventions relating to parking places).

(2) References in this Part of this Act to the enforcement authority in relation to such contraventions are to the authority by whom the parking place in question was designated or provided.

Civil enforcement of other parking contraventions

2 (1) The Secretary of State may, on an application by a London authority, make an order designating the whole or part of the authority's area as a civil enforcement area for parking contraventions within paragraph 3 of Schedule 7 (contraventions other than those relating to parking places).

(2) An application may be made--

(a) by Transport for London, to the extent that the civil enforcement area is to consist of GLA roads;

(b) by a London local authority, to the extent that the civil enforcement area is to consist of roads other than GLA roads.

(3) Before making an order under this paragraph the Secretary of State shall consult the Commissioner of Police of the Metropolis or the Commissioner of Police for the City of London or, if appropriate, both of them.

(4) An order in force immediately before the commencement of this Part of this Act designating an area in Greater London as a special parking area under section 76 of the Road Traffic Act 1991 (c. 40) has effect on and after the commencement of this Part of this Act as if it were an order under this paragraph designating that area as a civil enforcement area for such parking contraventions as are mentioned in sub-paragraph (1).

(5) References in this Part of this Act to the enforcement authority in relation to such contraventions in Greater London are--

(a) as respects parking, or any matter connected with or relating to parking, on or adjacent to a GLA road, to Transport for London;

(b) as respects parking, or any matter connected with or relating to parking, on or adjacent to a road other than a GLA road, to the London local authority in whose area the road is situated.

Variation of civil enforcement area by Mayor of London

3 (1) The Mayor of London may by order under this paragraph amend an order for the time being in force under paragraph 2 so as to vary the area that for the time being constitutes the civil enforcement area.

(2) No such order may be made without the consent of the relevant London authority for every road that the order has the effect of bringing within, or removing from, the civil enforcement area.

(3) The relevant London authority is--

(a) as regards GLA roads, Transport for London;

(b) as regards roads other than GLA roads, the London local authority in whose area the road is situated.

(4) An order under this paragraph must not be such as to bring within a civil enforcement area an area as to which the Secretary of State has specified by order that it is expedient on grounds of national security that no part of it should be included in a civil enforcement area.

(5) An order in force immediately before the commencement of this Part of this Act under section 76A(1) or (3)(a) of the Road Traffic Act 1991 (c. 40) has effect on and after the commencement of this Part of this Act as if made under the corresponding provision of this paragraph.

Civil enforcement of bus lane contraventions

4 (1) The whole of Greater London is a civil enforcement area for bus lane contraventions.

(2) References in this Part of this Act to the enforcement authority in relation to bus lane contraventions in Greater London are--

(a) in relation to contraventions on GLA roads, to Transport for London or the relevant London local authority acting with the written consent of Transport for London;

(b) in relation to contraventions on roads other than GLA roads, to the relevant London local authority or Transport for London acting with the written consent of the relevant London local authority.

(3) Consent under sub-paragraph (2)(a) or (b) may be given with respect to the whole or part of the area of the relevant London local authority.

(4) In this paragraph "the relevant London local authority" means the London local authority in whose area the contravention is committed.

(5) Any consent in force immediately before the commencement of this Part of this Act for the purposes of the provisions of regulations under section 144 of the Transport Act 2000 (c. 38) corresponding to the provisions of this paragraph has effect on and after the commencement of this Part of this Act as if given under this paragraph.

Civil enforcement of London lorry ban contraventions

5 (1) The whole of Greater London is a civil enforcement area for London lorry ban contraventions.

(2) References in this Part of this Act to the enforcement authority in relation to such contraventions are--

(a) in relation to contraventions on GLA roads, to Transport for London;

(b) in relation to contraventions on roads other than GLA roads, to the London local authority in whose area the contravention is committed.

Civil enforcement of moving traffic contraventions: London local authorities

6 (1) A London local authority may by resolution declare the whole or part of its area to be a civil enforcement area for moving traffic contraventions.

(2) The resolution must specify the date on which it is to have effect, which must be not less than three months after publication of the notice required by sub-paragraph (3).

(3) The authority shall cause notice to be published in a local newspaper circulating in their area--

(a) of the passing of the resolution, and

(b) of the general effect of the provisions of this Act coming into operation as a result of it.

(4) A photocopy or other reproduction certified by the officer appointed for that purpose by the authority to be a reproduction of a page or part of a page of any such newspaper bearing the date of its publication and containing any such notice shall be evidence of the publication of the notice and of the date of publication.

(5) A civil enforcement area declared by resolution under this paragraph does not extend to any GLA road.

(6) In relation to moving traffic contraventions in a civil enforcement area created by resolution under this paragraph, references in this Part of this Act to the enforcement authority are to the London local authority by whom the resolution was passed or Transport for London acting with the written consent of that authority.

Consent may be given with respect to the whole or part of the area of the London local authority.

Civil enforcement of moving traffic contraventions: Transport for London

7 (1) Transport for London may declare the whole or part of one or more GLA roads to be a civil enforcement area for moving traffic contraventions.

(2) The declaration must specify the date on which it is to have effect, which must be not less than three months after publication of the notice required by sub-paragraph (3).

(3) Transport for London shall cause notice to be published in a local newspaper circulating in the area of each London local authority in which a road, or part of a road, to which the declaration relates is situated--

(a) of the making of the declaration, and

(b) of the general effect of the provisions of this Act coming into operation as a result of it.

(4) A photocopy or other reproduction certified by the officer appointed for that purpose by Transport for London to be a reproduction of a page or part of a page of any such newspaper bearing the date of its publication and containing any such notice shall be evidence of the publication of the notice and of the date of publication.

(5) In relation to moving traffic contraventions in a civil enforcement area declared under this paragraph, references in this Part of this Act to the enforcement authority are to Transport for London or the London local authority in whose area the contravention is committed acting with the written consent of Transport for London.

Consent may be given with respect to the whole or part of the area of a London local authority.

Part 2 Outside Greater London

Designation of civil enforcement areas for parking contraventions

8 (1) The appropriate national authority may, on an application under this paragraph, make an order designating the whole or part of a local authority's area as a civil enforcement area for parking contraventions.

(2) An application under this paragraph may be made--

(a) with respect to the whole or part of their area, by a county council in England;

(b) with respect to the whole or part of their area, by a county council or county borough council in Wales;

(d) with respect to the whole of their areas, by two or more metropolitan district councils acting jointly;

(e) with respect to the whole or part of the Isles of Scilly, by the Council of the Isles of Scilly.

(3) Before making an order under this paragraph the appropriate national authority shall consult the appropriate chief officer of police.

(4) An order in force immediately before the commencement of this Part of this Act designating an area outside Greater London as a permitted parking area and special parking area under paragraphs 1(1) and 2(1) of Schedule 3 to the Road Traffic Act 1991 (c. 40) has effect on and after the commencement of this Part of this Act as an order under this paragraph designating the area as a civil enforcement area for parking contraventions.

(5) References in this Part of this Act to the enforcement authority in relation to parking contraventions in a civil enforcement area outside Greater London, are--

(a) in relation to contraventions relating to a parking place--

(i) provided or authorised under section 32(1)(a) or (b) of the Road Traffic Regulation Act 1984 (c. 27), or

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