Traffic Management Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Traffic Management Bill

Traffic Management Bill
Part 1 — Traffic Officers
1

A
Bill
[AS AMENDED IN STANDING COMMITTEE A]
To
Make provision for and in connection with the designation of traffic officers
and their duties; to make provision in relation to the management of road
networks; to make new provision for regulating the carrying out of works and
other activities in the street; to amend Part 3 of the New Roads and Street
Works Act 1991 and Parts 9 and 14 of the Highways Act 1980; to make new
provision in relation to the civil enforcement of traffic contraventions; to
amend section 55 of the Road Traffic Regulation Act 1984; and for connected
purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
Traffic Officers
Traffic officers for England and for Wales
1
Traffic officers: introduction
(1)
This Part makes provision for the designation of individuals as traffic officers
5
by, or under an authorisation given by, the Secretary of State or the Assembly.
(2)
The duties assigned to traffic officers must be connected with, or intended to
facilitate or to be conducive or incidental to—
(a)
the management of traffic on the relevant road network; or
(b)
the performance of any other functions of the appropriate national
10
authority (in its capacity as a traffic authority or highway authority).
(3)
In subsection (2) “the relevant road network” means—

Bill 52 53/3

Traffic Management Bill
Part 1 — Traffic Officers
2

(a)
the network of relevant roads in England (in the case of traffic officers
designated by, or under an authorisation given by, the Secretary of
State); or
(b)
the network of relevant roads in Wales (in the case of traffic officers
designated by, or under an authorisation given by, the Assembly).
5
(4)
Traffic officers shall have such special powers (for use in connection with the
performance of their duties) as are provided for by section 5.
(5)
In this Part “relevant road” means a road in England for which the Secretary of
State is the traffic authority or a road in Wales for which the Assembly is the
traffic authority.
10
2
Designation of traffic officers
(1)
The appropriate national authority may—
(a)
designate individuals as traffic officers; and
(b)
authorise another person to designate individuals as traffic officers.
(2)
An authorisation under subsection (1)—
15
(a)
must be given (and may be varied or withdrawn) in writing; and
(b)
may be given subject to such limitations and conditions as the
appropriate national authority thinks appropriate.
(3)
The designation of an individual as a traffic officer must be made (and may be
withdrawn) in writing.
20
(4)
A designation may provide that it is to remain in force (unless it is withdrawn
or otherwise ceases to have effect) for a specified period.
(5)
A traffic officer designated under an authorisation must be employed by, or by
a person providing services to, the authorised person.
(6)
An individual designated under an authorisation shall cease to be a traffic
25
officer if the person who appointed him either withdraws his designation or
ceases to be authorised.
(7)
The appropriate national authority may direct an authorised person to
withdraw immediately the designation of all or any of the individuals who
have been designated by that person.
30
Jurisdiction and powers of traffic officers
3
Jurisdiction of traffic officers
(1)
A traffic officer has jurisdiction—
(a)
over any relevant road in England (if he was designated by, or under
an authorisation given by, the Secretary of State); or
35
(b)
over any relevant road in Wales (if he was designated by, or under an
authorisation given by, the Assembly),

unless his designation provides that this subsection does not apply to him.
(2)
If subsection (1) does not apply to a traffic officer, he has jurisdiction only over
such relevant roads, or relevant roads of such descriptions, as may be specified
40
in his designation.

Traffic Management Bill
Part 1 — Traffic Officers
3

4
Powers to direct traffic officers
(1)
A traffic officer shall, when carrying out his duties, comply with any direction
of a constable.
(2)
Subject to that, a traffic officer designated by an authorised person shall, when
carrying out his duties, comply with any direction of the appropriate national
5
authority.
5
The special powers of a traffic officer
(1)
For the purposes of this Part the special powers of a traffic officer are the
following—
(a)
powers conferred by sections 6 and 7;
10
(b)
powers conferred by regulations under section 8; and
(c)
powers conferred by or under any other Act which are expressed to be
special powers for the purposes of this section.
(2)
The exercise of those powers is subject to the following restrictions.
(3)
Those powers may only be exercised for one or more of the following
15
purposes—
(a)
maintaining or improving the movement of traffic on a relevant road
over which the traffic officer has jurisdiction by virtue of section 3;
(b)
preventing or reducing the effect of anything causing (or which has the
potential to cause) congestion or other disruption to the movement of
20
traffic on such a road;
(c)
avoiding danger to persons or other traffic using such a road (or
preventing risks of any such danger arising);
(d)
preventing damage to, or to anything on or near, such a road;

or for a purpose incidental to any of those purposes.
25
(4)
Subject to that, those powers may be exercised—
(a)
on or in relation to any relevant road over which the traffic officer has
jurisdiction to act by virtue of section 3; or
(b)
if the condition specified in subsection (5) is met, on or in relation to any
other road in England and Wales.
30
(5)
The condition is that the traffic officer is acting—
(a)
at the direction of the chief officer of police for the area in which the
road is situated; or
(b)
with the consent of the traffic authority for the road.
(6)
A traffic officer may not exercise his special powers on a road unless he is in
35
uniform.
6
Powers to stop or direct traffic
(1)
This section confers the following powers on a traffic officer—
(a)
a power, when the traffic officer is engaged in the regulation of traffic
in a road, to direct a person driving or propelling a vehicle—
40
(i)
to stop the vehicle, or
(ii)
to make it proceed in, or keep to, a particular line of traffic;

Traffic Management Bill
Part 1 — Traffic Officers
4

(b)
a power, for the purposes of a traffic survey of any description which is
being carried out on or in the vicinity of a road, to direct a person
driving or propelling a vehicle—
(i)
to stop the vehicle, or
(ii)
to make it proceed in, or keep to, a particular line of traffic, or
5
(iii)
to proceed to a particular point on or near the road on which the
vehicle is being driven or propelled;

(subject to the restriction in section 35(3) of the Road Traffic Act 1988
(c. 52));
(c)
a power, when the traffic officer is engaged in the regulation of
10
vehicular traffic in a road, to direct persons on foot (or such persons and
other traffic) to stop;
(d)
a power to direct a person driving a mechanically propelled vehicle, or
riding a cycle, on a road to stop the vehicle or cycle.
(2)
In section 35 of the Road Traffic Act 1988 (drivers to comply with traffic
15
directions)—
(a)
in subsection (1)—
(i)
after “a constable” there is inserted “or traffic officer”;
(ii)
after “duty” there is inserted “or the traffic officer (as the case
may be)”;
20
(b)
in subsection (2)(b) after “constable” there is inserted “or traffic officer”.
(3)
In section 37 of that Act (directions to pedestrians)—
(a)
after “uniform” there is inserted “or traffic officer”;
(b)
after “duty” there is inserted “or the traffic officer (as the case may be)”.
(4)
In section 163 of that Act (power of police to stop vehicles), in subsections (1)
25
and (2) after “uniform” there is inserted “or a traffic officer”.
(5)
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53)
(prosecution and punishment of offences under the Traffic Acts), in column 5
of the entry relating to section 35 of the Road Traffic Act 1988 after “constable”
there is inserted “, traffic officer”.
30
7
Powers to place temporary traffic signs
(1)
A traffic officer has the powers of a constable under section 67(1) of the Road
Traffic Regulation Act 1984 (c. 27) (power in the case of emergencies and
temporary obstructions etc to place and temporarily maintain traffic signs on a
road or on any structure on a road).
35
(2)
The references in section 67(1) and (2) to powers conferred by subsection (1) of
that section include a reference to the corresponding powers of a traffic officer
by virtue of this section.
8
Power to confer further special powers on traffic officers
(1)
The appropriate national authority may by order made by statutory
40
instrument confer further special powers on traffic officers.
(2)
The national authority may not confer a further special power on traffic officers
unless it is satisfied that the power is necessary for the purpose of facilitating
the performance of any duties which may be assigned to traffic officers.

Traffic Management Bill
Part 1 — Traffic Officers
5

(3)
The order may—
(a)
provide for the enforcement of any special power conferred by the
order (whether by the creation of a summary offence or otherwise);
(b)
make supplemental, incidental, transitional or consequential provision
(including provision amending any Act or subordinate legislation).
5
(4)
An order under this section may not be made by the Secretary of State unless a
draft of the order has been laid before and approved by a resolution of each
House of Parliament.
9
Removal of certain vehicles by traffic officers
(1)
The power to make regulations under section 99 of the Road Traffic Regulation
10
Act 1984 (c. 27) includes, in relation to the removal of vehicles by traffic
officers, power to make consequential provision.
(2)
The provision which may be made by virtue of subsection ( 1) includes in
particular provision—
(a)
amending, or
15
(b)
applying in relation to vehicles removed by traffic officers (with or
without modifications),

any provision of sections 100 to 102 of the 1984 Act (disposal of vehicles
removed under section 99).
Miscellaneous and supplementary
20
10
Offences
(1)
A person who assaults a traffic officer in the execution of his duties is guilty of
an offence and liable, on summary conviction, to imprisonment for a term not
exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale (or
both).
25
(2)
A person who resists or wilfully obstructs a traffic officer in the execution of his
duties is guilty of an offence and liable, on summary conviction, to
imprisonment for a term not exceeding 51 weeks or to a fine not exceeding
level 3 on the standard scale (or both).
(3)
A person who, with intent to deceive—
30
(a)
impersonates a traffic officer,
(b)
makes any statement or does any act calculated falsely to suggest that
he is a traffic officer, or
(c)
makes any statement or does any act calculated falsely to suggest that
he has powers as a traffic officer that exceed the powers he actually has,
35

is guilty of an offence and liable, on summary conviction, to imprisonment for
a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard
scale (or both).
(4)
A person to whom this subsection applies who fails to give his name and
address to a traffic officer in uniform on being required to do so by that officer
40
is guilty of an offence and liable on summary conviction to a fine not exceeding
level 3 on the standard scale.
(5)
Subsection (4) applies to a person whom the traffic officer reasonably believes
to have been the driver of a vehicle at a time of a failure to comply with—

Traffic Management Bill
Part 1 — Traffic Officers
6

(a)
a direction given in relation to that vehicle under a power conferred by
section 6, or
(b)
the indication given by a traffic sign placed under a power conferred by
section 7.
(6)
In the case of offences committed before the commencement of section 281(5)
5
of the Criminal Justice Act 2003—
(a)
subsections (1) and (3) apply as if for “51 weeks” there were substituted
“six months”; and
(b)
subsection (2) applies as if for “51 weeks” there were substituted “one
month”.
10
11
Uniform
The appropriate national authority may determine the uniform for traffic
officers designated by, or under an authorisation granted by, that authority.
12
Power to charge for traffic officer services provided on request
The appropriate national authority may, at the request of any person, agree to
15
arrange for the services of a traffic officer to be provided to that person subject
to the payment of a charge.
13
Power to acquire land
In the Highways Act 1980 (c. 66), after section 245 (acquisition of land for
buildings etc. required for discharge of functions of highway authority) there
20
is inserted—
“245A
Acquisition of land by Secretary of State or Assembly for buildings etc
needed for traffic management purposes
(1)
The Secretary of State may acquire land which in his opinion is required
for the provision of any buildings or facilities which are needed—
25
(a)
for use by, or in connection with the activities of, traffic officers
in England; or
(b)
for other purposes connected with the management of traffic on
highways in England for which he is the highway authority.
(2)
The National Assembly for Wales may acquire land which in its
30
opinion is required for the provision of any buildings or facilities which
are needed—
(a)
for use by, or in connection with the activities of, traffic officers
in Wales; or
(b)
for other purposes connected with the management of traffic on
35
highways in Wales for which it is the highway authority.”
14
Financial assistance to authorised persons
The appropriate national authority may give financial assistance to an
authorised person, in such form and on such terms as it considers appropriate,
in respect of the traffic officers designated by that person (including financial
40
assistance in respect of equipment, accommodation or other facilities provided
for those traffic officers).