Traffic Management Act 2004 - legislation

1 Traffic Management Act 2004 CHAPTER 18 CONTENTSPART 1 Traffic OFFICERST raffic officers for England and for Wales1 Traffic officers: introduction2 Designation of Traffic officersJurisdiction and powers of Traffic officers3 Jurisdiction of Traffic officers4 Powers to direct Traffic officers5 The special powers of a Traffic officer6 Powers to stop or direct traffic7 Powers to place temporary Traffic signs8 Power to confer further special powers on Traffic officers9 Removal of certain vehicles by Traffic officersMiscellaneous and supplementary10 Offences11 Uniform12 Power to charge for Traffic officer services provided on request13 Power to acquire land14 Financial assistance to authorised persons15 Interpretation of Part 1 Traffic Management Act 2004 (c.)

2 18)ivPART 2 NETWORK Management BY LOCAL Traffic AUTHORITIESG eneral duties relating to network management16 The network Management duty17 Arrangements for network management18 Guidance to local Traffic authorities19 Power to require information relating to network managementEnforcement of network Management duties20 Intervention notices21 Intervention orders22 Appointment of Traffic director: supplementary23 Monitoring and reporting24 Intervention in activities of local Traffic authority25 Exercise of local Traffic authority functions26 Application of sections 20 to 25 to local Traffic authorities exercising functionsjointly27 Criteria for making intervention orders28 Guidance to Traffic directors29 Traffic directors in London30 Recovery of costs from local Traffic authorities31 Interpretation of Part 2 PART 3 PERMIT SCHEMES32 Meaning of permit scheme 33 Preparation of permit schemes34 Implementation of local highway authority permit schemes35 Implementation of other permit schemes36 Variation and revocation of permit schemes37 Permit regulations38 Crown application39 Interpretation of Part 3 PART 4 STREET

3 WORKSE nforcement40 Increase in penalties for summary offences under 1991 Act41 Fixed penalty offencesCo-ordination of works by street authority42 Duty of street authority to co-ordinate worksTraffic Management Act 2004 (c. 18)vDirection-making powers43 Directions relating to timing of street works44 Directions as to placing of apparatusRecords and information45 The street works register46 Records of location of apparatus47 Duties relating to the location of unexpected apparatus48 Duty to inspect recordsMiscellaneous49 Notices of street works50 Qualifications of supervisors and operatives51 Restriction on works following substantial road works52 Restriction on works following substantial street works53 Notices requiring remedial works relating to reinstatements54 Duty to notify street authority of reinstatement55 Power of street authority to require undertaker to re-surface street56Re-surfacing.

4 Regulations and guidance57 Contributions to costs of re-surfacing by undertaker58 Inspection fees59 Guidance about inspectionsPART 5 HIGHWAYS AND ROADSS trategic roads in London60 Strategic roads in London: initial designation by Secretary of State61 Orders of the Greater London Authority changing what are strategic roads62 London borough council exercising powers under Highways Act 1980 so asto affect strategic roads63 London borough council exercising powers under Road Traffic RegulationAct 1984 so as to affect strategic roadsEnforcement of certain offences under the Highways Act 198064 Fixed penalty offences under the Highways Act 1980 Records of objects placed in highway65 Duty of local highway authority to keep records of objects in highwaySkips, scaffolding, building materials and excavations: charges for occupation of highway skips: charge for occupation of highway for unreasonable period67 Builders skips.

5 Charge determined by reference to duration of occupation ofhighway68 Scaffolding, building materials and excavations: charge for occupation ofhighway for unreasonable periodTraffic Management Act 2004 (c. 18)vi69 Scaffolding, building materials and excavations: charge determined byreference to duration of occupation of highway70 Sections 66 to 69: supplementaryGuidance as to safety precautions71 Guidance to local highway authorities as to safety precautionsPART 6 CIVIL ENFORCEMENT OF Traffic CONTRAVENTIONSC ivil penalties for road Traffic contraventions72 Civil penalties for road Traffic contraventions73 Contraventions subject to civil enforcement74 Civil enforcement areas75 Power to require authority to apply for civil enforcement powers76 Civil enforcement officers77 Setting the level of penalty chargesNotification.

6 Adjudication and enforcement78 Notification of penalty charge79 Immobilisation of vehicle where penalty charge payable80 Representations and appeals81 Adjudicators82 Enforcement of penalty charges83 Certificated bailiffsAdditional contraventions in special enforcement areas84 Designation of special enforcement areas85 Prohibition of double parking of parking at dropped footways to local authorities88 Financial provisions89 Regulations and orders90 Application to Crown and visiting forces91 Consequential amendments92 Minor definitions93 Index of defined expressionsPART 7 MISCELLANEOUS AND GENERAL94 Power to inspect blue badges95 Application of surplus income from parking places96 Wales97 Financial provisionTraffic Management Act 2004 (c.)

7 18)vii98 Repeals99 Commencement, transitionals and savings100 Short title and extentSchedule 1 Increase in maximum fines for certain summary offencesunder the 1991 ActSchedule 2 Schedule 4A to the New Roads and street works Act 1991 Schedule 3 Schedule 4B to the New Roads and street works Act 1991 Schedule 4 Schedule 3A to the New Roads and street works Act 1991 Schedule 5 Schedule 22A to the Highways Act 1980 Schedule 6 Schedule 22B to the Highways Act 1980 Schedule 7 Road Traffic contraventions subject to civil enforcementPart 1 Parking contraventionsPart 2 Bus lane contraventionsPart 3 London lorry ban contraventionsPart 4 Moving Traffic contraventionsSchedule 8 Civil enforcement areas and enforcement authoritiesPart 1

8 In Greater LondonPart 2 Outside Greater LondonSchedule 9 Civil enforcement: setting the level of chargesPart 1 Charges to which this Schedule appliesPart 2 Charges applicable in Greater LondonPart 3 Charges applicable outside Greater LondonSchedule 10 Civil enforcement: special enforcement areasSchedule 11 Civil enforcement: consequential amendmentsSchedule 12 RepealsPart 1 Civil enforcementPart 2 Other repealsELIZABETH IIc. 18 Traffic Management Act 20042004 CHAPTER 18An Act to make provision for and in connection with the designation of trafficofficers and their duties; to make provision in relation to the Management ofroad networks; to make new provision for regulating the carrying out ofworks and other activities in the street; to amend Part 3 of the New Roads andStreet Works Act 1991 and Parts 9 and 14 of the Highways Act 1980; to makenew provision in relation to the civil enforcement of Traffic contraventions; toamend section 55 of the Road Traffic Regulation Act 1984; and for connectedpurposes.

9 [22nd July 2004 ]E IT ENACTED by the Queen s most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons, in this presentParliament assembled, and by the authority of the same, as follows: PART 1 Traffic OFFICERST raffic officers for England and for Wales1 Traffic officers: introduction(1)This Part makes provision for the designation of individuals as Traffic officersby, 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 tofacilitate 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 nationalauthority (in its capacity as a Traffic authority or highway authority).

10 (3)In subsection (2) the relevant road network means BTraffic Management Act 2004 (c. 18)Part 1 Traffic Officers2(a)the network of relevant roads in England (in the case of Traffic officersdesignated by, or under an authorisation given by, the Secretary ofState); or(b)the network of relevant roads in Wales (in the case of Traffic officersdesignated by, or under an authorisation given by, the Assembly).(4) Traffic officers shall have such special powers (for use in connection with theperformance 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 ofState is the Traffic authority or a road in Wales for which the Assembly is thetraffic 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.