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Session 2003 - 04
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Other Bills before Parliament

Traffic Management Bill


Traffic Management Bill
Part 5 — Highways and roads

39

 

65      

Scaffolding, building materials and excavations: charge determined by

reference to duration of occupation of highway

After section 171A of the 1980 Act there is inserted—

“171B Scaffolding, building materials and excavations: charge determined

by reference to duration of occupation of highway

5

(1)   

The Secretary of State may make provision by regulations requiring a person

who

(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,

10

or

(c)   

makes a temporary excavation in such a highway,

   

to pay a charge to the highway authority.

(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

15

demolition work or the alteration, repair, maintenance or cleaning of

any building, of any scaffolding or other structure that obstructs the

highway.

(3)   

The charge shall be determined in the prescribed manner, by reference

to the period (in this section, the “relevant period”) for which—

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(a)   

a relevant 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.

(4)   

The regulations shall not require charges to be paid to a local highway

authority unless the Secretary of State has, by order, approved the

25

authority for the purposes of the regulations.

(5)   

The regulations may require disputes of any prescribed description to

be referred to an arbitrator appointed in accordance with the

regulations.

(6)   

Subsections (6), (7) and (9) to (18) of section 171A apply in relation to

30

regulations under subsection (1) of this section as they apply in relation

to regulations under subsection (1) of that section.”

66      

Sections 62 to 65: supplementary

(1)   

In section 139 of the 1980 Act, in subsection (11) for “, section 140 and section

140A” there is substituted “and section 140”.

35

(2)   

After section 140B of that Act there is inserted—

“140C   

Regulations under sections 140A and 140B

Nothing shall be taken to prevent the imposition of charges by both

regulations under section 140A and regulations under section 140B in

respect of the same builder’s skip at the same time.”

40

 

 

Traffic Management Bill
Part 6 — Civil enforcement of traffic contraventions

40

 

(3)   

After section 171B of that Act there is inserted—

“171C   

Regulations under sections 171A and 171B

Nothing shall be taken to prevent the imposition of charges by both

regulations under section 171A and regulations under section 171B in

respect of the same structure, things or excavation at the same time.”

5

(4)   

In section 325 of that Act (provisions as to regulations), in subsection (2A)—

(a)   

in paragraph (a), after “140A” there is inserted “or 140B”;

(b)   

for paragraphs (b) and (c) there is substituted—

“(b)   

the first regulations for the purposes of section 171A or

171B as they apply in relation to the erection of relevant

10

structures, or

(c)   

the first regulations for the purposes of section 171A or

171B as they apply in relation to the deposit of building

materials, rubbish or other things and the making of

temporary excavations,”.

15

Guidance as to safety precautions

67      

Guidance to local highway authorities as to safety precautions

In section 174 of the 1980 Act (precautions to be taken by persons executing

works in streets), after subsection (1) there is inserted—

“(1A)   

The Secretary of State may give guidance to local highway authorities

20

as to the discharge by them of their obligations under subsection (1)(a)

and (b) where they are executing works for road purposes.

(1B)   

A local highway authority must in executing any works for road

purposes have regard to any guidance given under subsection (1A).

(1C)   

In subsections (1A) and (1B) “works for road purposes” has the same

25

meaning as in Part 3 of the New Roads and Street Works Act 1991.”

Part 6

Civil enforcement of traffic contraventions

Civil penalties for road traffic contraventions

68      

Civil penalties for road traffic contraventions

30

(1)   

The appropriate national authority may make provision by regulations for or

in connection with—

(a)   

the imposition of penalty charges in respect of road traffic

contraventions that—

(i)   

are subject to civil enforcement (see section 69), and

35

(ii)   

are committed in an area that is a civil enforcement area for

contraventions of that description (see section 70), and

(b)   

the payment of such penalty charges.

(2)   

The regulations shall include provision specifying the person or persons by

whom a penalty charge in respect of a contravention is to be paid (who may be

40

 

 

Traffic Management Bill
Part 6 — Civil enforcement of traffic contraventions

41

 

the owner of the vehicle involved in the contravention, its driver at the time of

the contravention or any other appropriate person).

(3)   

The regulations shall include provision in respect of any description of conduct

for which a penalty charge may be imposed—

(a)   

prohibiting criminal proceedings or the issuing of a fixed penalty notice

5

in respect of conduct of that description, or

(b)   

securing that a penalty charge is not required to be paid, or is refunded,

where the conduct is the subject of criminal proceedings or of a fixed

penalty notice.

(4)   

The regulations may include provision prohibiting the imposition of a penalty

10

charge except on the basis of—

(a)   

a record produced by an approved device, or

(b)   

information given by a civil enforcement officer as to conduct observed

by him.

(5)   

The regulations may—

15

(a)   

specify exemptions from penalty charges, and

(b)   

make provision for discounts or surcharges, or both.

69      

Contraventions subject to civil enforcement

(1)   

Schedule 7 specifies the road traffic contraventions that are subject to civil

enforcement.

20

(2)   

These are—

(a)   

parking contraventions (see Part 1 of the Schedule);

(b)   

bus lane contraventions (see Part 2 of the Schedule);

(c)   

London lorry ban contraventions (see Part 3 of the Schedule);

(d)   

moving traffic contraventions (see Part 4 of the Schedule).

25

(3)   

Regulations under this Part of this Act may make different provision in relation

to different descriptions of contravention.

(4)   

The appropriate national authority may by regulations make such

consequential amendment of Schedule 7 as appears to the authority to be

required in consequence of the amendment, replacement or revocation of any

30

provision of subordinate legislation referred to in that Schedule.

70      

Civil enforcement areas

(1)   

Schedule 8 makes provision—

(a)   

as to the areas that are civil enforcement areas for the purposes of

different descriptions of road traffic contravention, and

35

(b)   

as to the meaning of “enforcement authority” in relation to road traffic

contraventions committed in a civil enforcement area.

(2)   

In that Schedule—

   

Part 1 makes provision for Greater London, and

   

Part 2 makes provision for the rest of England and Wales.

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Traffic Management Bill
Part 6 — Civil enforcement of traffic contraventions

42

 

71      

Power to require authority to apply for civil enforcement powers

(1)   

The appropriate national authority may by notice in writing under this section

(a “notice to apply”) require a local authority to make an application under

paragraph 8 of Schedule 8 for an order designating the whole or part of the

local authority’s area as a civil enforcement area for parking contraventions.

5

(2)   

The notice must specify—

(a)   

the date by which the local authority is to make the application (“the

application date”),

(b)   

the latest date by which the application must request that the order

comes into force (“the in-force date”), and

10

(c)   

the area in respect of which the application is to be made.

(3)   

Before giving a notice to apply the appropriate national authority must inform

the local authority concerned and the appropriate chief officer of police, in

writing, of its intention to give such a notice, indicating the application date,

the in-force date and the area it intends to specify in the notice.

15

(4)   

The local authority may make representations to the appropriate national

authority to the effect—

(a)   

that a notice to apply should not be given to the authority, or

(b)   

that the notice should specify a different application date, a different in-

force date, or a different area in respect of which the application is to be

20

made.

(5)   

In considering whether to give a notice to apply the appropriate national

authority must have regard to the local authority’s representations and take

into account—

(a)   

the administrative burden of creating or extending a civil enforcement

25

area and of enforcing parking contraventions within such an area,

(b)   

the financial circumstances of the local authority concerned and the

likely expenses and receipts in connection with the proposed civil

enforcement area,

(c)   

any representations made by the appropriate chief officer of police, and

30

(d)   

any other factors appearing to the appropriate national authority to be

relevant.

(6)   

After a notice to apply has been given, it may be modified by agreement

between the appropriate national authority and the local authority concerned.

72      

Civil enforcement officers

35

(1)   

A local authority may provide for the enforcement of road traffic

contraventions for which it is the enforcement authority by individuals to be

known as civil enforcement officers.

(2)   

A civil enforcement officer must be—

(a)   

an individual employed by the authority, or

40

(b)   

where the authority have made arrangements with any person for the

purposes of this section, an individual employed by that person to act

as a civil enforcement officer.

(3)   

Civil enforcement officers—

 

 

Traffic Management Bill
Part 6 — Civil enforcement of traffic contraventions

43

 

(a)   

when exercising specified functions must wear such uniform as may be

determined by the enforcement authority in accordance with guidance

issued by the appropriate national authority, and

(b)   

must not exercise any of those functions when not in uniform.

(4)   

In subsection (3)(a) “specified” means specified by regulations made by the

5

appropriate national authority.

(5)   

A parking attendant appointed under section 63A of the Road Traffic

Regulation Act 1984 (c. 27) by a local authority that is an enforcement

authority—

(a)   

is a civil enforcement officer in relation to parking contraventions for

10

which that authority is the enforcement authority, and

(b)   

may be appointed a civil enforcement officer in relation to other road

traffic contraventions for which they are the enforcement authority.

73      

Setting the level of penalty charges

(1)   

Schedule 9 provides for the setting of the levels of penalty charges and certain

15

other charges.

(2)   

In that Schedule—

   

Part 1 specifies the charges to which the Schedule applies,

   

Part 2 provides for charges applicable in Greater London, and

   

Part 3 provides for charges applicable outside Greater London.

20

Notification, adjudication and enforcement

74      

Notification of penalty charge

(1)   

The Lord Chancellor may make regulations for and in connection with the

notification of penalty charges.

(2)   

The regulations may provide for notification of a penalty charge to be given in

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respect of a stationary vehicle—

(a)   

by a notice affixed to the vehicle,

(b)   

by a notice given to a person appearing to be in charge of the vehicle, or

(c)   

in such other manner as may be specified by the regulations.

(3)   

The regulations may provide for notification of a penalty charge otherwise

30

than in respect of a stationary vehicle to be given in such manner as may be

specified by the regulations.

(4)   

The regulations may not confer power to stop vehicles.

(5)   

The regulations may provide that, if it appears to the enforcement authority

that both the operator of a vehicle and the person in control of the vehicle are

35

liable to a penalty charge, they may give notice to the operator requiring him

to provide them with the name and address of the person who was in control

of the vehicle at the time of the alleged contravention.

(6)   

The regulations may include provision creating criminal offences to be triable

summarily and punishable with a fine not exceeding level 5 on the standard

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scale or such lower amount as may be specified.

 

 

 
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Revised 15 December 2003