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Traffic Management Bill


Traffic Management Bill
Part 6 — Civil enforcement of traffic contraventions

44

 

75      

Immobilisation of vehicle where penalty charge payable

(1)   

The appropriate national authority may make provision by regulations for or

in connection with—

(a)   

the fixing of an immobilisation device to a stationary vehicle found in

any place where there is reason to believe the vehicle has been

5

permitted to remain at rest there in circumstances in which a penalty

charge has become payable, and

(b)   

the release of the vehicle from the device only on payment of—

(i)   

the penalty charge mentioned in paragraph (a),

(ii)   

such unpaid earlier penalty charges relating to the vehicle as

10

may be specified in the regulations, and

(iii)   

the charge payable in respect of the release.

(2)   

The regulations may make provision authorising—

(a)   

the fixing of an immobilisation device to the vehicle while it remains in

the place where it was found, or

15

(b)   

the moving of the vehicle to another place and the fixing of an

immobilisation device to it in that other place,

   

and providing for any power of removal that was exercisable in relation to the

vehicle before it was so moved to continue to be exercisable in relation to the

vehicle while it remains in the place to which it was so moved.

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(3)   

The regulations may provide—

(a)   

that on any occasion when an immobilisation device is fixed to a vehicle

in accordance with the regulations, the person fixing the device shall

also fix to the vehicle a notice—

(i)   

indicating that such a device has been fixed to the vehicle and

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warning that no attempt should be made to drive it or otherwise

put it in motion unless it has been released from the device;

(ii)   

specifying the steps to be taken in order to secure its release; and

(iii)   

giving such other information as may be specified by the

regulations; and

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(b)   

that a notice fixed to a vehicle in accordance with the regulations shall

not be removed or interfered with except by or under the authority of—

(i)   

the owner or person in charge of the vehicle, or

(ii)   

the enforcement authority,

   

and that a person contravening that prohibition commits an offence

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and is liable on summary conviction to a fine not exceeding level 2 on

the standard scale.

(4)   

The regulations may also provide—

(a)   

that a vehicle to which an immobilisation device has been fixed in

accordance with the regulations may only be released from the device

40

by or under the direction of a person authorised by the enforcement

authority; and

(b)   

that a person who, without being authorised to do so in accordance

with the regulations, removes or attempts to remove an immobilisation

device fixed to a vehicle in accordance with the regulations commits an

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offence and is liable on summary conviction to a fine not exceeding

level 3 on the standard scale.

(5)   

The regulations shall provide—

(a)   

that an immobilisation device must not be fixed to a vehicle if—

 

 

Traffic Management Bill
Part 6 — Civil enforcement of traffic contraventions

45

 

(i)   

a current disabled person’s badge is displayed on the vehicle,

(ii)   

not more than 15 minutes have elapsed since the end of any

period for which the appropriate charge was duly paid at the

time of parking, or

(iii)   

not more than 15 minutes have elapsed since the end of any

5

unexpired time (in respect of another vehicle) that is available at

the relevant parking meter at the time of parking; and

(b)   

that if, in a case in which an immobilisation device would have been

fixed to a vehicle but for paragraph (a)(i), the vehicle was not being

used—

10

(i)   

in accordance with regulations under section 21 of the

Chronically Sick and Disabled Persons Act 1970 (c. 44), and

(ii)   

in circumstances falling within section 117(1)(b) of the Road

Traffic Regulation Act 1984 (c. 27) (use where a disabled

person’s concession would be available),

15

   

the person in charge of the vehicle commits an offence and is liable on

summary conviction to a fine not exceeding level 3 on the standard

scale.

(6)   

In subsection (5)—

   

“disabled person’s badge” has the same meaning as in section 142(1) of

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the Road Traffic Regulation Act 1984; and

   

“parking meter” has the same meaning as in section 46(2)(a) of that Act.

76      

Representations and appeals

(1)   

The Lord Chancellor may make provision by regulations entitling a person—

(a)   

who is or may be liable to pay a penalty charge, or

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(b)   

who secures the release of a vehicle from an immobilisation device on

payment of an amount in accordance with regulations under section 75,

   

to make representations to the enforcement authority and to appeal to an

adjudicator if his representations are not accepted.

(2)   

The regulations may make such provision in connection with the rights

30

conferred as appears to the Lord Chancellor to be appropriate, and may in

particular make provision—

(a)   

requiring the authority to give a person notice of the rights conferred

by the regulations,

(b)   

as to the grounds on which, and time within which, representations

35

may be made,

(c)   

requiring supporting evidence in such circumstances as may be

specified,

(d)   

as to the duties of the authority when representations are received,

(e)   

as to the circumstances in which there is a right of appeal to an

40

adjudicator,

(f)   

generally as to the making, determination and effect of, and procedure

in connection with, appeals, and

(g)   

enabling an adjudicator to review any decision made on, or in the

course of, an appeal.

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(3)   

The regulations may include provision—

(a)   

authorising an adjudicator to require a person—

(i)   

to attend to give evidence at the hearing of an appeal, and

 

 

Traffic Management Bill
Part 6 — Civil enforcement of traffic contraventions

46

 

(ii)   

to produce any documents in his custody or under his control

relating to any matter relevant for the purposes of the appeal,

and

(b)   

making it a criminal offence triable summarily and punishable with a

fine not exceeding level 2 on the standard scale to fail to comply with

5

such a requirement.

(4)   

The regulations may provide that a person who makes a representation that is

false in a material particular, and does so recklessly or knowing it to be false,

commits an offence triable summarily and punishable with a fine not

exceeding level 5 on the standard scale.

10

(5)   

The regulations may include provision authorising an adjudicator to make an

order for the payment of costs and expenses by a party to an appeal in such

circumstances as may be specified.

77      

Adjudicators

(1)   

The Lord Chancellor may make provision by regulations for and in connection

15

with the appointment of adjudicators for the purposes of this Part.

(2)   

The following provisions apply in relation to the office of adjudicator—

(a)   

to be qualified for appointment as an adjudicator, a person must have

a 5-year general qualification (within the meaning of section 71 of the

Courts and Legal Services Act 1990 (c. 41));

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(b)   

an adjudicator is appointed for a term, not exceeding five years,

specified in his instrument of appointment;

(c)   

on the expiry of a term of appointment an adjudicator is eligible for re-

appointment;

(d)   

an adjudicator may be removed from office only for misconduct or on

25

the ground that he is unable or unfit to discharge his functions, but

otherwise holds and vacates office in accordance with the terms of his

appointment.

(3)   

The regulations shall provide—

(a)   

for adjudicators to be appointed by the relevant enforcement

30

authorities on such terms as those authorities may decide,

(b)   

for the procedure to be followed by those authorities in connection with

the appointment, re-appointment or removal from office of an

adjudicator, and

(c)   

for the consent of the Lord Chancellor to be required for any decision

35

by those authorities—

(i)   

to appoint a person as an adjudicator,

(ii)   

not to re-appoint a person as an adjudicator, or

(iii)   

to remove a person from his office as adjudicator.

(4)   

The relevant enforcement authorities shall—

40

(a)   

provide, or make arrangements for the provision of, accommodation

and administrative staff and facilities for adjudicators, and

(b)   

determine the places where adjudicators are to sit,

   

and shall defray all the expenses of the adjudication process and, in particular,

expenses in relation to the remuneration of adjudicators.

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(5)   

The regulations shall provide—

 

 

Traffic Management Bill
Part 6 — Civil enforcement of traffic contraventions

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(a)   

for each adjudicator to make an annual report to the relevant

enforcement authorities in accordance with such requirements as may

be imposed by those authorities, and

(b)   

for those authorities to make and publish an annual report to the Lord

Chancellor on the discharge by the adjudicators of their functions.

5

(6)   

In this section “the relevant enforcement authorities” means the authorities

who are enforcement authorities for the purposes of this Part in relation to road

traffic contraventions (of any description).

(7)   

The regulations may provide for the functions of the relevant enforcement

authorities under this section—

10

(a)   

to be discharged separately for Greater London, England (outside

Greater London) and Wales;

(b)   

to be discharged by means of arrangements under section 101 of the

Local Government Act 1972 (c. 70) (arrangements for discharge of

functions by local authorities) or in such other way as the regulations

15

may provide.

(8)   

The regulations may make provision—

(a)   

for treating adjudicators appointed before the commencement of this

Part under section 73 of the Road Traffic Act 1991 (c. 40), or under

regulations made under section 144 of the Transport Act 2000 (c. 38), as

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if they had been appointed under this section;

(b)   

for continuing in force for the purposes of this section any

arrangements in force immediately before the commencement of this

Part for the discharge of functions corresponding to the functions of

relevant enforcement authorities under this section.

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(9)   

The expenses of the relevant enforcement authorities under this section shall

be defrayed by them in such proportions—

(a)   

as they may decide, or

(b)   

in default of a decision by them, as may be determined in accordance

with regulations made—

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(i)   

by the Secretary of State, or

(ii)   

if the functions of those authorities are discharged separately

for Wales, by the appropriate national authority.

(10)   

Regulations under subsection (9)(b) may, in particular, provide—

(a)   

for the matter to be determined by an arbitrator appointed by a body

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specified in the regulations, and

(b)   

for the giving of directions by the Secretary of State or, as the case may

be, the appropriate national authority in order to secure that the matter

is referred to arbitration.

78      

Enforcement of penalty charges

40

(1)   

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

enforcement of penalty charges.

(2)   

The regulations may include provision—

(a)   

creating criminal offences to be triable summarily and punishable with

a fine not exceeding level 5 on the standard scale or such lower amount

45

as may be specified;

 

 

Traffic Management Bill
Part 6 — Civil enforcement of traffic contraventions

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(b)   

for amounts payable under or by virtue of any provision of this Part to

be recoverable, if a county court so orders, as if they were payable

under a county court order.

   

An amount to which paragraph (b) applies that is so recoverable is referred to

below as a “traffic contravention debt”.

5

(3)   

The Lord Chancellor may by order make provision—

(a)   

for warrants of execution in respect of traffic contravention debts, or

such class or classes of traffic contravention debts as may be specified

in the order, to be executed by certificated bailiffs;

(b)   

as to the requirements that must be satisfied before a person takes any

10

other step of a kind specified in the order, with a view to enforcing the

payment of—

(i)   

a traffic contravention debt, or

(ii)   

such class or classes of traffic contravention debts as may be so

specified.

15

(4)   

Any such order may make such incidental and supplementary provision

(including modifications of any enactment other than this Act) as the Lord

Chancellor considers appropriate in consequence of the provision made by the

order.

(5)   

Any order in force immediately before the commencement of this Part under

20

section 78(2) of the Road Traffic Act 1991 (c. 40) shall have effect after that

commencement as if made under the corresponding provisions of this section

and shall apply in relation to the enforcement of any traffic contravention debt.

79      

Certificated bailiffs

(1)   

For the purposes of section 78 (enforcement of penalty charges) a person is a

25

certificated bailiff if he is authorised to act as such by a certificate signed—

(a)   

by a judge assigned to a county court district, or

(b)   

in such circumstances as may be specified in regulations made by the

Lord Chancellor, by a district judge.

(2)   

The Lord Chancellor may by regulations make provision in connection with

30

the certification of bailiffs under this section and the execution of warrants of

execution by such bailiffs.

(3)   

The regulations may, in particular, make provision—

(a)   

as to the security (if any) to be required from certificated bailiffs,

(b)   

as to the fees and expenses payable with respect to execution by

35

certificated bailiffs, and

(c)   

for the suspension or cancellation of certificates issued under this

section and with respect to the effect of any such suspension or

cancellation.

(4)   

Any regulations in force immediately before the commencement of this Part

40

under section 78(4) to (6) of the Road Traffic Act 1991 shall have effect after that

commencement as if made under the corresponding provisions of this section

and anything done by or in relation to any person under such regulations shall

be treated, so far as may be necessary for continuing their effect, as if done

under regulations made under this section.

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Traffic Management Bill
Part 6 — Civil enforcement of traffic contraventions

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(5)   

A person who is not a certificated bailiff but who purports to levy a distress as

such a bailiff, and any person authorising him to levy it, shall be deemed to

have committed a trespass.

Additional contraventions in special enforcement areas

80      

Designation of special enforcement areas

5

Schedule 10 provides for the designation of areas (“special enforcement areas”)

where the following sections apply—

section 81 (prohibition of double parking etc.);

section 82 (prohibition of parking at dropped footway).

81      

Prohibition of double parking etc.

10

(1)   

In a special enforcement area a vehicle must not be parked on the carriageway

in such a way that no part of the vehicle is within 50 centimetres of the edge of

the carriageway.

   

This is subject to the following exceptions.

(2)   

The first exception is where the vehicle is parked wholly within a designated

15

parking place or any other part of the road where parking is specifically

authorised.

   

A “designated parking place” means a parking place designated by order

under section 6, 9, 32(1)(b) or 45 of the Road Traffic Regulation Act 1984 (c. 27).

(3)   

The second exception is where the vehicle is being used for fire brigade,

20

ambulance or police purposes.

(4)   

The third exception is where—

(a)   

the vehicle is being used for the purposes of delivering goods to, or

collecting goods from, any premises, or is being loaded from or

unloaded to any premises,

25

(b)   

the delivery, collection, loading or unloading cannot reasonably be

carried out in relation to those premises without the vehicle being

parked as mentioned in subsection (1), and

(c)   

the vehicle is so parked for no longer than is necessary and for no more

than 20 minutes.

30

(5)   

The fourth 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,

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(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,

40

(b)   

it cannot be so used without being parked as mentioned in subsection

(1), and

(c)   

it is so parked for no longer than is necessary.

 

 

Traffic Management Bill
Part 6 — Civil enforcement of traffic contraventions

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(6)   

In this section “carriageway” has the meaning given by section 329(1) of the

Highways Act 1980 (c. 66).

(7)   

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

5

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.

(8)   

The prohibition in this section is enforceable as if imposed—

(a)   

in Greater London, by an order under section 6 of the Road Traffic

10

Regulation Act 1984 (c. 27);

(b)   

elsewhere in England and Wales, by an order under section 1 of that

Act.

82      

Prohibition of parking at dropped footways

(1)   

In a special enforcement area in Greater London a vehicle must not be parked

15

on the carriageway adjacent to a part of the footway or verge that has been

lowered to meet the level of the carriageway for the purpose of—

(a)   

assisting pedestrians crossing the road, or

(b)   

assisting vehicles to enter or leave the road across the footway or verge.

   

This is subject to the following exceptions.

20

(2)   

The first exception is where the vehicle is parked on a part of the carriageway

at a time when—

(a)   

an order under section 6 or 9 of the Road Traffic Regulation Act 1984

(road traffic regulations orders) prohibits or permits parking there, or

(b)   

an order under section 45 of that Act (designation of non-paying

25

parking places on roads) provides for its use as a designated parking

place.

(3)   

The second exception is where the vehicle is parked outside residential

premises by or with the consent (but not consent given for reward) of the

occupier of the premises.

30

   

This exception does not apply in the case of a shared driveway.

(4)   

The third exception is where the vehicle is being used for fire brigade,

ambulance or police purposes.

(5)   

The fourth exception is where—

(a)   

the vehicle is being used for the purposes of delivering goods to, or

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collecting goods from, any premises, or is being loaded from or

unloaded to any premises,

(b)   

the delivery, collection, loading or unloading cannot reasonably be

carried out in relation to those premises without the vehicle being

parked as mentioned in subsection (1), and

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(c)   

the vehicle is so parked for no longer than is necessary and for no more

than 20 minutes.

(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,

45

(ii)   

the collection of waste by a local authority,

 

 

 
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