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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

53

 

   

“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,

 

 

Traffic Management Bill
Part 7 — Miscellaneous and General

55

 

(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—

 

 

Traffic Management Bill
Part 7 — Miscellaneous and General

56

 

(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.

 

 

 
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Revised 15 December 2003