Traffic Management Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Traffic Management Bill

Traffic Management Bill
Part 5 — Highways and roads
33

Enforcement of certain offences under the Highways Act 1980
60
Fixed penalty offences under the Highways Act 1980
(1)
After section 314 of the 1980 Act (offences by body corporate) there is
inserted—
“314A
Fixed penalties for certain offences under Part 9
5
(1)
A fixed penalty offence is any offence under Part 9 which—
(a)
is listed in the first column in Schedule 22A (and described in
general terms in the second column), and
(b)
is prescribed in regulations made by the Secretary of State.
(2)
Offences listed in that Schedule which are committed by virtue of
10
section 314 (offences committed by bodies corporate, etc) are not fixed
penalty offences.
(3)
Schedule 22B (which makes provision about fixed penalties for fixed
penalty offences) has effect.”
(2)
In section 322(5) of that Act (service of notices etc.), after paragraph (a) there is
15
inserted—
“(ab)
a penalty charge notice under Schedule 22B to this Act;”.
(3)
After Schedule 22 to that Act there is inserted Schedules 22A and 22B as set out
in Schedules 5 and 6 to this Act.
Records of objects placed in highway
20
61
Duty of local highway authority to keep records of objects in highway
(1)
The appropriate national authority may by regulations made by statutory
instrument require a local highway authority to make and keep a record of the
location of any object of a description specified in the regulations which has
been placed by that authority in a street.
25
(2)
Regulations under this section may include provision—
(a)
as to the form in which a record is to be made;
(b)
as to supplementary information to be included in a record;
(c)
requiring a record to be made available for inspection.
(3)
The reference in subsection (1) to an object placed in a street includes an object
30
placed under, over, across, along or upon a street.
(4)
In this section—

“appropriate national authority” means—
(a)
the Secretary of State, in relation to local highway authorities in
England;
35
(b)
the National Assembly for Wales, in relation to local highway
authorities in Wales

“street” has the same meaning as in Part 3 of the New Roads and Street
Works Act 1991 (c. 22).

Traffic Management Bill
Part 5 — Highways and roads
34

(5)
A statutory instrument containing regulations under this section made by the
Secretary of State is subject to annulment in pursuance of a resolution of either
House of Parliament.
Skips, scaffolding, building materials and excavations: charges for occupation of highway etc.
62
Builders’ skips: charge for occupation of highway for unreasonable period
5
For section 140A of the 1980 Act there is substituted—
“140A Builders’ skips: charge for occupation of highway for unreasonable
period
(1)
The Secretary of State may make provision by regulations requiring the
owner of a builder’s skip deposited on a highway maintainable at the
10
public expense to pay a charge to the highway authority where the
period for which the skip remains in the highway exceeds—
(a)
such period as may be prescribed, and
(b)
a reasonable period.
(2)
For this purpose “a reasonable period” means such period as is agreed
15
by the authority and the owner of the skip to be reasonable or, in
default of such agreement, is determined by arbitration to be
reasonable in the circumstances.
(3)
In default of agreement, the authority’s view as to what is a reasonable
period shall be acted upon pending the decision of the arbitrator.
20
(4)
The regulations may prescribe exemptions from the requirement to pay
charges.
(5)
The regulations may provide—
(a)
that in prescribed circumstances (including in particular where
any person makes an application for permission under section
25
139) the owner of the skip shall give to the authority, in such
manner and within such period as may be prescribed, notice
containing an estimate of the likely duration of the occupation
of the highway, and
(b)
that the period stated in the notice shall be taken to be agreed by
30
the authority to be reasonable unless the authority give notice,
in such manner and within such period as may be prescribed,
objecting to the estimate.
(6)
The regulations may also provide—
(a)
that in prescribed circumstances the owner of the skip shall give
35
to the authority, in such manner and within such period as may
be prescribed, notice containing a revised estimate of the likely
duration of the occupation of the highway, and
(b)
that upon the notice being given any previous agreement to or
determination of a reasonable period ceases to have effect, and
40
the period stated in the notice shall be taken to be agreed by the
authority to be reasonable unless the authority give notice, in
such manner and within such period as may be prescribed,
objecting to the revised estimate.

Traffic Management Bill
Part 5 — Highways and roads
35

(7)
The amount of the charge shall be determined in such manner as may
be prescribed by reference to the period for which the highway is
occupied by the skip and the extent of the occupation.
(8)
Different rates of charge may be prescribed according to the place and
time of the occupation and such other factors as appear to the Secretary
5
of State to be relevant.
(9)
The regulations may provide—
(a)
that the authority are to set the rate of charge, up to a prescribed
maximum, and
(b)
that different rates of charge may be set according to such
10
factors as the authority consider relevant.
(10)
The regulations may make provision for the determination of the
duration of the occupation of the highway for the purposes of the
regulations.
(11)
And they may, in particular, make provision for an occupation to be
15
treated as beginning or ending on the giving of, or as stated in, a notice
given by the owner of the skip to the authority, in the prescribed
manner, in accordance with a requirement imposed by the regulations.
(12)
The regulations may make provision requiring the owner of the skip to
provide the authority, in such manner and within such period as may
20
be prescribed, with such information as the authority may specify in a
notice to that person, being information required for the purposes of—
(a)
determining whether a charge is payable by him;
(b)
calculating the amount of any charge payable by him.
(13)
The regulations may make provision as to the time and manner of
25
making payment of charges.
(14)
The regulations shall provide that a highway authority may reduce the
amount, or waive payment, of a charge—
(a)
in any particular case,
(b)
in such classes of case as they may decide or as may be
30
prescribed, or
(c)
in all cases or in all cases other than a particular case or such
class of case as they may decide or as may be prescribed.
(15)
The regulations may make provision as to—
(a)
the application by local highway authorities of sums paid by
35
way of charges, and
(b)
the keeping of accounts, and the preparation and publication of
statements of account, relating to sums paid by way of charges.
(16)
The regulations may create in respect of any failure to give a notice, or
to provide information, required by the regulations a criminal offence
40
triable summarily and punishable with a fine not exceeding level 4 on
the standard scale.
(17)
The regulations may provide that where a skip is the subject of a
prescribed description of hiring agreement or hire purchase agreement,
the person in possession of the skip under the agreement is for the
45
purposes of the regulations to be treated as the owner of the skip.

Traffic Management Bill
Part 5 — Highways and roads
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(18)
In this section—

“builder’s skip” has the meaning given by section 139(11);

“prescribed” means prescribed by the Secretary of State by
regulations, which may make different provision for different
cases.”
5
63
Builders’ skips: charge determined by reference to duration of occupation of
highway
After section 140A of the 1980 Act there is inserted—
“140B Builders’ skips: charge determined by reference to duration of
occupation of highway
10
(1)
The Secretary of State may make provision by regulations requiring the owner
of a builder’s skip deposited on a highway maintainable at the public expense
to pay to the highway authority a charge determined, in the prescribed manner,
by reference to the period for which the highway is occupied by the skip.
(2)
The regulations shall not require charges to be paid to a local highway
15
authority unless the Secretary of State has, by order, approved the
authority for the purposes of the regulations.
(3)
The regulations may prescribe different rates of charge according to—
(a)
the extent to which the skip occupies the highway;
(b)
the place and time of the occupation;
20
(c)
such other factors as appear to the Secretary of State to be
relevant.
(4)
The regulations may require disputes of any prescribed description to
be referred to an arbitrator appointed in accordance with the
regulations.
25
(5)
Subsections (4), (5) and (9) to (18) of section 140A apply in relation to
regulations under subsection (1) of this section as they apply in relation
to regulations under subsection (1) of that section.”
64
Scaffolding, building materials and excavations: charge for occupation of
highway for unreasonable period
30
For section 171A of the 1980 Act there is substituted—
“171A Scaffolding, building materials and excavations: charge for
occupation of highway for unreasonable period
(1)
The Secretary of State may make provision by regulations requiring a
person who—
35
(a)
erects a relevant structure on or over a highway maintainable at
the public expense,
(b)
deposits building materials, rubbish or other things in such a
highway, or
(c)
makes a temporary excavation in such a highway,
40

to pay a charge to the highway authority in the circumstances set out in
subsection (3).

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Part 5 — Highways and roads
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(2)
The reference in subsection (1)(a) to the erection of a relevant structure
is a reference to the erection, in connection with any building or
demolition work or the alteration, repair, maintenance or cleaning of
any building, of any scaffolding or other structure that obstructs the
highway.
5
(3)
The circumstances are that the period (in this section, the “relevant
period”) for which—
(a)
the structure is on or over the highway,
(b)
things are deposited in the highway, or (as the case may be)
(c)
there is an excavation in the highway,
10

exceeds both the prescribed period and a reasonable period.
(4)
For this purpose “a reasonable period” means such period as is agreed
by the authority and the person to be reasonable or, in default of such
agreement, is determined by arbitration to be reasonable in the
circumstances.
15
(5)
In default of agreement, the authority’s view as to what is a reasonable
period shall be acted upon pending the decision of the arbitrator.
(6)
The regulations may prescribe exemptions from the requirement to pay
charges.
(7)
The regulations may provide—
20
(a)
that in prescribed circumstances (including in particular where
an application is made for a licence under section 169 or consent
under section 171) a person who intends to do or who does an
activity mentioned in subsection (1)(a) to (c) shall give to the
authority, in such manner and within such period as may be
25
prescribed, notice containing an estimate of the likely duration
of the relevant period, and
(b)
that the period stated in the notice shall be taken to be agreed by
the authority to be reasonable unless the authority give notice,
in such manner and within such period as may be prescribed,
30
objecting to the estimate.
(8)
The regulations may also provide—
(a)
that in prescribed circumstances a person who has given a
notice of a type mentioned in subsection (7) shall give to the
authority, in such manner and within such period as may be
35
prescribed, notice containing a revised estimate of the likely
duration of the relevant period, and
(b)
that upon the notice being given any previous agreement to or
determination of a reasonable period ceases to have effect, and
the period stated in the notice shall be taken to be agreed by the
40
authority to be reasonable unless the authority give notice, in
such manner and within such period as may be prescribed,
objecting to the revised estimate.
(9)
The regulations may prescribe different rates of charge according to—
(a)
the extent to which the highway is affected by the structure,
45
things deposited or excavation;
(b)
the place and time at which the highway is so affected;
(c)
such other factors as appear to the Secretary of State to be
relevant.

Traffic Management Bill
Part 5 — Highways and roads
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(10)
The regulations may provide—
(a)
that the authority are to set the rate of charge, up to a prescribed
maximum, and
(b)
that different rates of charge may be set according to such
factors as the authority consider relevant.
5
(11)
The regulations may make provision for the determination of the
duration of the relevant period for the purposes of the regulations.
(12)
And they may, in particular, make provision for the relevant period to
be treated as beginning or ending on the giving of, or as stated in, a
notice given by the person mentioned in subsection (1) to the authority,
10
in the prescribed manner, in accordance with a requirement imposed
by the regulations.
(13)
The regulations may make provision requiring a person who does an
activity mentioned in subsection (1)(a) to (c) to provide the authority, in
such manner and within such period as may be prescribed, with such
15
information as the authority may specify in a notice to that person,
being information required for the purposes of—
(a)
determining whether a charge is payable by him;
(b)
calculating the amount of any charge payable by him.
(14)
The regulations may make provision as to the time and manner of
20
making payment of charges.
(15)
The regulations shall provide that a highway authority may reduce the
amount, or waive payment, of a charge—
(a)
in any particular case,
(b)
in such classes of case as they may decide or as may be
25
prescribed, or
(c)
in all cases or in all cases other than a particular case or such
class of case as they may decide or as may be prescribed.
(16)
The regulations may make provision as to—
(a)
the application by local highway authorities of sums paid by
30
way of charges, and
(b)
the keeping of accounts, and the preparation and publication of
statements of account, relating to sums paid by way of charges.
(17)
The regulations may create in respect of any failure to give a notice, or
to provide information, required by the regulations a criminal offence
35
triable summarily and punishable with a fine not exceeding level 4 on
the standard scale.
(18)
In this section “prescribed” means prescribed by the Secretary of State
by regulations, which may make different provision for different
cases.”
40