Traffic Management Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Traffic Management Bill

Traffic Management Bill
Part 6 — Civil enforcement of traffic contraventions
51

(iii)
removing an obstruction to traffic,
(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
5
communications services,
(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.
(7)
In this section “carriageway” has the meaning given by section 329(1) of the
10
Highways Act 1980 (c. 66).
(8)
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
control or it is necessary for him to stop to avoid an accident, or
15
(b)
the vehicle is stopped, for no longer than is necessary, for the purpose
of allowing people to board or alight from it.
(9)
The prohibition in this section is enforceable as if imposed by an order under
section 6 of the Road Traffic Regulation Act 1984 (c. 27).
Supplementary
20
83
Financial provisions
(1)
The appropriate national authority may make provision by regulations—
(a)
requiring the keeping of accounts, and the preparation and publication
of statements of account, of the income and expenditure of enforcement
authorities in connection with their functions under this Part, and
25
(b)
as to the purposes for which any surpluses may be applied.
(2)
The regulations may provide—
(a)
for separate accounts to be kept in respect of an authority’s functions in
relation to different descriptions of contravention, and
(b)
for accounts to be kept in respect of an authority’s income and
30
expenditure in respect of functions under this Part and such other
functions as may be specified in the regulations.
(3)
The regulations may provide that section 55 of the Road Traffic Regulation Act
1984 (financial provisions relating to income and expenditure from parking
places) applies in relation to income and expenditure of enforcement
35
authorities in connection with their functions under this Part of this Act in
relation to parking contraventions, subject to such modifications as may be
specified in the regulations.
(4)
The regulations may provide for carrying forward a surplus arising before the
commencement of this Part on an account kept under—
40
(a)
section 55 of the Road Traffic Regulation Act 1984 as modified by
regulations under paragraph 3(3) of the Road Traffic Act 1991 (c. 40)
(parking contraventions),
(b)
regulations under section 144 of the Transport Act 2000 (c. 38) (bus lane
contraventions), or
45

Traffic Management Bill
Part 6 — Civil enforcement of traffic contraventions
52

(c)
Schedule 2 to the London Local Authorities and Transport for London
Act 2003 (c. iii) (London lorry ban contraventions or moving traffic
contraventions).
84
Regulations and orders
(1)
Regulations and orders under this Part may make provision for Greater
5
London different from that made for the rest of England.
(2)
Regulations and orders under this Part made by the Lord Chancellor may
make provision for Wales different from that made for England.
(3)
Regulations and orders under this Part may contain incidental, consequential
or transitional provision or savings.
10
(4)
Regulations and orders under this Part made by a Minister of the Crown or by
the National Assembly for Wales shall be made by statutory instrument.
(5)
A statutory instrument containing regulations or an order under this Part
made by a Minister of the Crown is subject to annulment in pursuance of a
resolution of either House of Parliament.
15
85
Application to Crown and visiting forces
(1)
This Part does not apply in relation to a vehicle that—
(a)
at the relevant time is used or appropriated for use for naval, military
or airforce purposes, or
(b)
belongs to any visiting forces (within the meaning of the Visiting Forces
20
Act 1952 (c. 67)) or is at the relevant time used or appropriated for use
by any such forces.
(2)
The provisions of this Part apply to—
(a)
vehicles in the public service of the Crown that are required to be
registered under the Vehicle Excise and Registration Act 1994 (c. 22)
25
(other than those exempted by subsection (1)(a) above), and
(b)
persons in the public service of the Crown.
(3)
This Part does not apply in relation to Crown roads within the meaning of
section 131 of the Road Traffic Regulation Act 1984 (c. 27) (application of road
traffic enactments to Crown roads) unless applied by order under that section.
30
86
Consequential amendments and repeals
Schedules 11 and 12 provide for amendments and repeals consequential on the
provisions of this Part.
87
Minor definitions
(1)
In this Part—
35

“appropriate national authority” means—
(a)
as regards England, the Secretary of State, and
(b)
as regards Wales, the National Assembly for Wales;

“approved device” means a device of a description specified in an order
made by the appropriate national authority;
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Traffic Management Bill
Part 6 — Civil enforcement of traffic contraventions
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“fixed penalty notice” has the meaning given by section 52(1) of the Road
Traffic Offenders Act 1988 (c. 53);

“GLA road” means—
(a)
a GLA road within the meaning of the Highways Act 1980
(c. 66) (see sections 329(1) and 14D(1) of that Act), or
5
(b)
a GLA side road within the meaning of the Road Traffic
Regulation Act 1984 (c. 27) (see sections 124A(9) and 142(1) of
that Act);

“immobilisation device” has the same meaning as in section 104(9) of the
Road Traffic Regulation Act 1984;
10

“local authority” means—
(a)
as regards England, a county council, a London authority, a
metropolitan district council or the Council of the Isles of Scilly,
(b)
as regards Wales, a county or county borough council;

“London authority” means a London local authority or Transport for
15
London;

“London local authority” means a London borough council or the
Common Council of the City of London;

“operator”, in relation to a vehicle, means a person who holds an
operator’s licence in respect of the vehicle under section 2 of the Goods
20
Vehicles (Licensing of Operators) Act 1995 (c. 23);

“owner”, in relation to a vehicle, means the person by whom the vehicle
is kept, which in the case of a vehicle registered under the Vehicle
Excise and Registration Act 1994 (c. 22) is presumed (unless the
contrary is proved) to be the person in whose name the vehicle is
25
registered;

“penalty charge” means a penalty charge imposed under this Part;

“road” has the same meaning as in the Road Traffic Regulation Act 1984;

“subordinate legislation” has the same meaning as in the Interpretation
Act 1978 (c. 30) (see section 21(1) of that Act);
30

“traffic sign” has the meaning given by section 64 of the Road Traffic
Regulation Act 1984.
(2)
Any reference in this Part to contravention of an order, or of provision made
by or under an order, includes a failure to comply with the order or provision.
88
Index of defined expressions
35
In this Part the expressions listed below are defined or otherwise explained by
the provisions indicated—

appropriate national authority
section 87

approved device
section 87

bus lane contravention
Part 2 of Schedule 7

40

civil enforcement area
Schedule 8

civil enforcement officer
Section 72

enforcement authority
Schedule 8

fixed penalty notice
section 87

Traffic Management Bill
Part 7 — Miscellaneous and General
54

GLA road
section 87

immobilisation device
section 87

local authority
section 87

London local authority
section 87

London lorry ban contravention
Part 3 of Schedule 7

5

moving traffic contravention
Part 4 of Schedule 7

operator
section 87

owner
section 87

parking contravention
Part 1 of Schedule 7

penalty charge
section 87

10

road
section 87

road traffic contravention
Schedule 7

special enforcement area
Schedule 10

subordinate legislation
section 87

traffic sign
section 87

15

Part 7
Miscellaneous and General
89
Application of surplus income from parking places
(1)
Section 55 of the Road Traffic Regulation Act 1984 (c. 27) (financial provisions
relating to income and expenditure of local authority in connection with
20
parking places) is amended as follows.
(2)
In subsection (4), for paragraph (d) (purposes for which surplus may be
applied if further off-street parking not needed) substitute—
“(d)
if it appears to the local authority that the provision in their area
of further off-street parking accommodation is unnecessary or
25
undesirable, the following purposes—
(i)
meeting costs incurred, whether by the local authority
or by some other person, in the provision or operation
of, or of facilities for, public passenger transport
services,
30
(ii)
the purposes of a highway or road improvement project
in the local authority’s area,
(iii)
in the case of a London authority, meeting costs
incurred by the authority in respect of the maintenance
of roads maintained at the public expense by them,
35
(iv)
the purposes of environmental improvement in the local
authority’s area,

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Part 7 — Miscellaneous and General
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(v)
in the case of such local authorities as may be prescribed,
any other purposes for which the authority may
lawfully incur expenditure;”.
(3)
After subsection (4A) insert—
“(4B)
For the purposes of subsection (4)(d)(iv) “environmental
5
improvement” includes—
(a)
the reduction of environmental pollution (as defined in the
Pollution Prevention and Control Act 1999 (c. 24); see section
1(2) and (3) of that Act);
(b)
improving or maintaining the appearance or amenity of—
10
(i)
a road or land in the vicinity of a road, or
(ii)
open land or water to which the general public has
access; and
(c)
the provision of outdoor recreational facilities available to the
general public without charge.
15
(4C)
Regulations for the purposes of subsection (4)(d)(v) above—
(a)
may prescribe all local authorities, particular authorities or
particular descriptions of authority,
(b)
may make provision by reference to whether the authority or
authorities in question have been classified for the purposes of
20
any other enactment as falling or not falling within a particular
category, and
(c)
may make provision for the continued application of that
provision, in prescribed cases and to such extent as may be
prescribed, where an authority that is prescribed or of a
25
prescribed description ceases to be so.”.
(4)
In section 100(2) of the Local Government Act 2003 (c. 26) (powers exercisable
by reference to performance categories under that Act), before paragraph (a)
insert—
“(za)
to make regulations for the purposes of section 55(4)(d)(v) of the
30
Road Traffic Regulation Act 1984;”.
(5)
Section 12 of the London Local Authorities and Transport for London Act 2003
(c. iii) (which is superseded by the amendment in subsection (2) above) is
repealed.
90
Wales
35
References in Schedule 1 to the National Assembly for Wales (Transfer of
Functions) Order 1999 (S.I. 1999/672) to—
(a)
the Highways Act 1980 (c. 66),
(b)
the Road Traffic Regulation Act 1984 (c. 27), and
(c)
the New Roads and Street Works Act 1991 (c. 22),
40
are to be treated as references to those Acts as amended by this Act.
91
Financial provision
(1)
There shall be paid out of money provided by Parliament—
(a)
any expenditure incurred by the Secretary of State in respect of—

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Part 7 — Miscellaneous and General
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(i)
traffic officers designated under Part 1 (including expenditure
relating to the provision of financial assistance under section 14 or
other expenditure relating to the provision of equipment,
accommodation or other facilities);
(ii)
the establishment and operation of regional centres for the
5
management of traffic on his road network;
(iii)
the provision, for purposes connected with the management of traffic
on his road network, of information or advice to the public;
(iv)
other activities carried out for purposes connected with the
management of traffic on his road network;
10
(b)
any other expenditure incurred by the Secretary of State in consequence or by
virtue of this Act;
(c)
any increase attributable to this Act in the sums payable out of money so
provided by virtue of any other Act.
(2)
In this section references to the Secretary of State’s road network are to the network of
15
roads in England for which he is the traffic authority (within the meaning of the Road
Traffic Regulation Act 1984 (c. 27)).
92
Commencement, transitionals and savings
(1)
The preceding provisions of this Act shall come into force on such day as the
Secretary of State (as respects England) or the National Assembly for Wales (as
20
respects Wales) may appoint by order made by statutory instrument.
(2)
Different days may be appointed for different purposes.
(3)
The Secretary of State (as respects England) or the National Assembly for
Wales (as respects Wales) may by order made by statutory instrument make
transitional provision or savings in connection with the coming into force of
25
any provision of this Act.
93
Short title and extent
(1)
This Act may be cited as the Traffic Management Act 2003.
(2)
This Act extends to England and Wales only.