Traffic Management Bill

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Traffic Management Bill

Traffic Management Bill
Schedule 1 — Increase in maximum fines for certain summary offences under the 1991 Act
57

Schedules
Schedule 1
Section 39

Increase in maximum fines for certain summary offences under the 1991 Act

Provision
Brief description of offence or offences to which the fine relates
New

specifying fine

maximum

5

fine

Section 51(2)
Offences under s. 51(1) (prohibition of authorised street
level 5

works)

Section 54(5)
Failure to comply with duties under s.54 (advance notice
level 4

of certain works)

10

Section 55(5)
Beginning to execute works in contravention of s. 55
level 4

(notice of starting date of works)

Section 56(3)
Execution of works in contravention of direction under s.
level 5

56 (directions as to timing of street works)

Section 57(4)
Failure to give notice in accordance with s. 57 (notice of
level 4

15

emergency works)

Section 58(6)(a)
Carrying out works in contravention of a restriction
level 5

imposed under s. 58 (restriction on works following

substantial road works)

Section 60(3)
Failure to comply with duty under s. 60(1) (general duty
level 5

20

of undertakers to co-operate)

Section 65(4)
Failure to comply with s. 65(1) or (2) (safety measures)
level 5

Section 65(6)
Interference with safety measures taken by undertaker
level 5

Section 66(2)
Failure to comply with s. 66(1) (duty to carry on and
level 5

complete certain street works with all reasonably

25

practicable dispatch)

Section 67(3)
Failure to comply with s.67(1), (2) or (2C) (duties relating
level 5

to the use of qualified supervisors and operatives)

Section 68(2)
Failure by undertaker to afford street authority with
level 4

reasonable facilities for ascertaining whether he is

30

complying with his duties under Part 3

Section 69(2)
Failure to comply with s. 69(1) (requirements relating to
level 4

street works likely to affect another person’s apparatus

in the street)

Section 71(5)
Failure to comply with duties under s. 71 (prescribed
level 5

35

requirements as to materials and workmanship and

performance standards for reinstatements)

Traffic Management Bill
Schedule 2 — Schedule 4A to the New Roads and Street Works Act 1991
58

Provision
Brief description of offence or offences to which the fine relates
New

specifying fine

maximum

fine

Section 79(4)
Failure to comply with duties under s. 79(1) to (3)
level 5

(records of location of apparatus)

5

Section 80(4)
Failure to comply with s. 80(1) (duty to inform other
level 4

undertaker of location of certain apparatus) or

requirements imposed under s.80(2) (duties applicable

where ownership of certain apparatus cannot be

ascertained)

10

Section 83(3)
Failure by authority to comply with s. 83(2)
level 4

(requirements relating to certain road works likely to

affect apparatus in the street)

Section 92(2)
Failure to comply with a special requirement as to the
level 5

displaying of lights imposed by a transport authority

15

under s. 92(1)

Schedule 3,
Failure to comply with obligation under paragraph 5
level 4

paragraph 5(3)
(obligations to give notice to street authority)

Schedule 4,
Execution of works in street with special engineering
level 5

paragraph 6
difficulties in contravention of paragraph 2 (requirement

20

for agreed plan and section before executing works) or

paragraph 3 (requirement to furnish plan and section

after emergency works)

Schedule 4,
Failure to execute works in such a street in accordance
level 5

paragraph 12(5)
with a direction under paragraph 12

25

Schedule 4,
Failure to comply with paragraph 13(1) (requirement to
level 5

paragraph 13(2)
execute works in such a street in accordance with plan or

agreed modification)

Schedule 2
Section 40

Schedule 4A to the New Roads and Street Works Act 1991
30
“Schedule 4A
Section 95A

fixed penalty offences under part 3

Offence
Brief description

An offence under section
Failure to comply with duties under s. 54

54(5)
(advance notice of certain works, etc.)

35

An offence under section
Beginning to execute works in contravention of s.

55(5)
55 (notice of starting date)

An offence under section
Failure to give notice in accordance with s. 57

57(4)
(notice of emergency works)

Traffic Management Bill
Schedule 3 — Schedule 4B to the New Roads and Street Works Act 1991
59

Offence
Brief description

An offence under section
Failure to comply with requirements to give

70(6) consisting of a
notice of completion of reinstatement

failure to comply with

subsection (3) or (4A)

5

An offence created by
Failure to give a notice required by regulations

regulations made under
under s. 74 (charge for occupation of the highway

section 74(7B)
where works unreasonably delayed)

An offence created by
Failure to give a notice required by regulations

regulations made under
under s. 74A (charge determined by reference to

10

section 74A(11)
duration of works)”

Schedule 3
Section 40

Schedule 4B to the New Roads and Street Works Act 1991
“Schedule 4B
Section 95A

Fixed penalties for certain offences under Part 3
15
Power to give fixed penalty notices
1     (1)
An authorised officer of a street authority may, if he has reason to
believe that a person is committing or has committed a fixed
penalty offence, give him a fixed penalty notice in relation to that
offence.
20
      (2)
In this Schedule “fixed penalty notice” means a notice offering a
person the opportunity of discharging any liability to conviction
for a fixed penalty offence by payment of a penalty.
2
A fixed penalty notice for an offence may not be given after such
time relating to the offence as the Secretary of State may by
25
regulations prescribe.
Contents of fixed penalty notice
3     (1)
A fixed penalty notice must identify the offence to which it relates
and give reasonable particulars of the circumstances alleged to
constitute that offence.
30
      (2)
A fixed penalty notice must also state—
(a)
the amount of the penalty and the period within which it
may be paid;
(b)
the discounted amount and the period within which it may
be paid;
35
(c)
the person to whom and the address at which payment
may be made;
(d)
the method or methods by which payment may be made;

Traffic Management Bill
Schedule 3 — Schedule 4B to the New Roads and Street Works Act 1991
60

(e)
the person to whom and the address at which any
representations relating to the notice may be addressed;
(f)
the consequences of not making a payment within the
period for payment.
      (3)
The person specified under sub-paragraph (2)(c) must be the street
5
authority or a person acting on their behalf.
The amount of the penalty and the period for payment
4     (1)
The penalty for a fixed penalty offence is (subject to paragraph 5)
such amount, not exceeding 30 per cent. of the maximum fine for
that offence, as may be prescribed.
10
      (2)
The period for payment of the penalty is the period of 29 days
beginning with the day on which the notice is given.
      (3)
The street authority may extend the period for paying the penalty
in any particular case if they consider it appropriate to do so.
The discounted amount
15
5     (1)
A discounted amount is payable instead of the amount prescribed
under paragraph 4(1) if payment is made before the end of the
period of 15 days beginning with the day on which the notice is
given.
      (2)
The discounted amount for a fixed penalty offence is such amount,
20
not exceeding 25 per cent. of the maximum fine for the offence, as
may be prescribed.
      (3)
If the last day of the period specified in sub-paragraph (1) does not
fall on a working day, the period for payment of the discounted
amount is extended until the end of the next working day.
25
Effect of notice and payment of penalty
6     (1)
This section applies where a person is served with a fixed penalty
notice in respect of a fixed penalty offence.
      (2)
No proceedings for the offence may be commenced before the end
of the period for payment of the penalty.
30
      (3)
No such proceedings may be commenced or continued if payment
of the penalty is made before the end of that period or is accepted
by the street authority after that time.
      (4)
Payment of the discounted amount only counts for the purposes
of sub-paragraph (3) if it is made before the end of the period for
35
payment of the discounted amount.
      (5)
In proceedings for the offence a certificate which—
(a)
purports to be signed by or on behalf of the person having
responsibility for the financial affairs of the street
authority; and
40
(b)
states that payment of an amount specified in the
certificate was or was not received by a date so specified,

is evidence of the facts stated.

Traffic Management Bill
Schedule 4 — Schedule 3A to the New Roads and Street Works Act 1991
61

Power to withdraw notices
7     (1)
If the street authority consider that a fixed penalty notice which
has been given ought not to have been given, they may give to the
person to whom it was given a notice withdrawing the fixed
penalty notice.
5
      (2)
Where a notice under sub-paragraph (1) is given—
(a)
the authority shall repay any amount which has been paid
by way of penalty in pursuance of the fixed penalty notice;
and
(b)
no proceedings shall be commenced or continued against
10
that person for the offence in question.
      (3)
The street authority shall consider any representations made by or
on behalf of the recipient of a fixed penalty notice and decide in all
the circumstances whether to withdraw the notice.
General and supplementary
15
8
The Secretary of State may, with the consent of the Treasury, make
regulations about—
(a)
the application by street authorities of fixed penalties paid
under this Schedule;
(b)
the keeping of accounts, and the preparation and
20
publication of statements of account, relating to fixed
penalties paid under this Schedule.
9
The Secretary of State may by regulations—
(a)
prescribe circumstances in which fixed penalty notices
may not be given;
25
(b)
modify paragraph 4(2) or 5(1) so as to substitute a different
period for the period for the time being specified there;
(c)
prescribe the method or methods by which penalties may
be paid.”
Schedule 4
30
Section 50

Schedule 3A to the New Roads and Street Works Act 1991
“SCHEDULE 3A
Restriction on works following substantial street works
Introductory
1     (1)
This Schedule applies where a street authority receives a notice
35
under section 54 or 55 that an undertaker is proposing to execute
substantial street works in a highway.
      (2)
For the purposes of this Schedule, “substantial street works”
means street works of such description as may be prescribed.

Traffic Management Bill
Schedule 4 — Schedule 3A to the New Roads and Street Works Act 1991
62

Notice by authority of proposed restriction
2     (1)
The street authority may publish a notice—
(a)
specifying the nature and location of the proposed works
and the date on which it is proposed to begin them;
(b)
stating that the authority propose to issue a direction
5
under paragraph 4 imposing a restriction on street works;
(c)
stating the duration of the proposed restriction and the
part of the highway to which it relates;
(d)
requiring any other undertakers who propose to execute
street works in that part of the highway, and who have not
10
already done so, to notify the authority of their proposed
works within the period specified in the notice (“the notice
period”).
      (2)
The notice period shall not be less than such period as may be
prescribed.
15
      (3)
A notice under this paragraph shall—
(a)
be published in the prescribed form and manner; and
(b)
comply with such requirements as to its form and content
as may be prescribed.
      (4)
A copy of a notice under this paragraph shall be given to each of
20
the following—
(a)
where there is a public sewer in the part of the highway
specified under sub-paragraph (1)(c), to the sewer
authority;
(b)
where that part of the highway is carried or crossed by a
25
bridge vested in a transport authority, or crosses or is
crossed by any other property held by or used for the
purposes of a transport authority, to that authority;
(c)
where in any other case that part of the highway is carried
or crossed by a bridge, to the bridge authority;
30
(d)
any person who has given notice under section 54 of his
intention to execute street works in that part of the
highway;
(e)
any person who has apparatus in that part of the highway;
(f)
any other person of a prescribed description.
35
      (5)
Notification under sub-paragraph (1)(d) shall be in such manner
as may be prescribed.
      (6)
Section 55 does not apply where, by virtue of a notice under this
section, a person is required to notify the street authority of
proposed street works.
40
Completion of notified works
3     (1)
After the expiry of the notice period the street authority may issue
directions to—
(a)
the undertaker proposing to execute the substantial street
works,
45
(b)
any undertakers who have given notice under paragraph 2
in respect of works they propose to execute, and

Traffic Management Bill
Schedule 4 — Schedule 3A to the New Roads and Street Works Act 1991
63

(c)
any undertakers who have previously given notice of
works they propose to execute in the part of the highway
specified under paragraph 2(1)(c),

in respect of either or both of the matters specified in sub-
paragraph (2).
5
      (2)
The matters referred to in sub-paragraph (1) in respect of which a
direction may be given under this paragraph to an undertaker
are—
(a)
the date on which he may begin to execute the works
proposed by him;
10
(b)
the period within which those works must be executed.
      (3)
Any period specified under sub-paragraph (2)(b) must be a
reasonable period (and subsection (2) of section 74 applies for the
purposes of this sub-paragraph)).
      (4)
Where—
15
(a)
a direction is given to an undertaker under this paragraph
as respects the date on which he may begin to execute the
works proposed by him, and
(b)
he begins to execute those works before that date,

he is guilty of an offence.
20
      (5)
After the expiry of the notice period, any undertaker who, before
completion of the works referred to in sub-paragraph (1)(a) to (c),
executes any other street works in the part of the highway
specified under paragraph 2(1)(c), commits an offence.
      (6)
Sub-paragraph (5) does not apply—
25
(a)
where an undertaker executes emergency works; or
(b)
in such other cases as may be prescribed.
      (7)
A person guilty of an offence under this paragraph is liable on
summary conviction to a fine not exceeding level 5 on the standard
scale.
30
Direction restricting further works
4     (1)
After the expiry of the notice period and before completion of the
works referred to in paragraph 3(1)(a) to (c) the authority may give
a direction under this paragraph.
      (2)
A direction under this paragraph is a direction restricting the
35
execution of street works in the part of the highway specified
under paragraph 2(1)(c) for such period following completion of
the works referred to in paragraph 3(1)(a) to (c) as may be
specified in the direction.
      (3)
The duration of the period specified under sub-paragraph (2) may
40
not exceed the duration of the restriction proposed by the
authority under paragraph 2(1)(c).
      (4)
The period specified in a direction under this paragraph may not
in any case exceed such period as may be prescribed.
      (5)
A direction under this paragraph shall—
45
(a)
be given in the prescribed manner;