Traffic Management Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Traffic Management Bill

Traffic Management Bill
Part 5 — Highways and roads
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66
Scaffolding, building materials and excavations: charge determined by
reference to duration of occupation of highway
After section 171A of the 1980 Act there is inserted—
“171B Scaffolding, building materials and excavations: charge determined
by reference to duration of occupation of highway
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(1)
The Secretary of State may make provision by regulations requiring a
person who—
(a)
erects a relevant structure on or over a highway maintainable at
the public expense,
(b)
deposits building materials, rubbish or other things in such a
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highway, or
(c)
makes a temporary excavation in such a highway,

to pay a charge to the highway authority.
(2)
The reference in subsection (1)(a) to the erection of a relevant structure
is a reference to the erection, in connection with any building or
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demolition work or the alteration, repair, maintenance or cleaning of
any building, of any scaffolding or other structure that obstructs the
highway.
(3)
The charge shall be determined in the prescribed manner, by reference
to the period (in this section, the “relevant period”) for which—
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(a)
a relevant structure is on or over the highway,
(b)
things are deposited in the highway, or (as the case may be)
(c)
there is an excavation in the highway.
(4)
The regulations shall not require charges to be paid to a local highway
authority unless the Secretary of State has, by order, approved the
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authority for the purposes of the regulations.
(5)
The regulations may require disputes of any prescribed description to
be referred to an arbitrator appointed in accordance with the
regulations.
(6)
Subsections (6) and (10) to (19) of section 171A apply in relation to
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regulations under subsection (1) of this section as they apply in relation
to regulations under subsection (1) of that section.”
67
Sections 63 to 66: supplementary
(1)
In section 139 of the 1980 Act, in subsection (11) for “, section 140 and section
140A” there is substituted “and section 140”.
35
(2)
After section 140B of that Act there is inserted—
“140C
Regulations under sections 140A and 140B
Nothing shall be taken to prevent the imposition of charges by both
regulations under section 140A and regulations under section 140B in
respect of the same builder’s skip at the same time.”
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Traffic Management Bill
Part 6 — Civil enforcement of traffic contraventions
41

(3)
After section 171B of that Act there is inserted—
“171C
Regulations under sections 171A and 171B
Nothing shall be taken to prevent the imposition of charges by both
regulations under section 171A and regulations under section 171B in
respect of the same structure, things or excavation at the same time.”
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(4)
In section 325 of that Act (provisions as to regulations), in subsection (2A)—
(a)
in paragraph (a), after “140A” there is inserted “or 140B”;
(b)
for paragraphs (b) and (c) there is substituted—
“(b)
the first regulations for the purposes of section 171A or
171B as they apply in relation to the erection of relevant
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structures, or
(c)
the first regulations for the purposes of section 171A or
171B as they apply in relation to the deposit of building
materials, rubbish or other things and the making of
temporary excavations,”.
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Guidance as to safety precautions
68
Guidance to local highway authorities as to safety precautions
In section 174 of the 1980 Act (precautions to be taken by persons executing
works in streets), after subsection (1) there is inserted—
“(1A)
The Secretary of State may give guidance to local highway authorities
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as to the discharge by them of their obligations under subsection (1)(a)
and (b) where they are executing works for road purposes.
(1B)
A local highway authority must in executing any works for road
purposes have regard to any guidance given under subsection (1A).
(1C)
In subsections (1A) and (1B) “works for road purposes” has the same
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meaning as in Part 3 of the New Roads and Street Works Act 1991.”
Part 6
Civil enforcement of traffic contraventions
Civil penalties for road traffic contraventions
69
Civil penalties for road traffic contraventions
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(1)
The appropriate national authority may make provision by regulations for or
in connection with—
(a)
the imposition of penalty charges in respect of road traffic
contraventions that—
(i)
are subject to civil enforcement (see section 70), and
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(ii)
are committed in an area that is a civil enforcement area for
contraventions of that description (see section 71), and
(b)
the payment of such penalty charges.
(2)
The regulations shall include provision specifying the person or persons by
whom a penalty charge in respect of a contravention is to be paid (who may be
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Traffic Management Bill
Part 6 — Civil enforcement of traffic contraventions
42

the owner of the vehicle involved in the contravention, its driver at the time of
the contravention or any other appropriate person).
(3)
The regulations shall include provision in respect of any description of conduct
for which a penalty charge may be imposed—
(a)
prohibiting criminal proceedings or the issuing of a fixed penalty notice
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in respect of conduct of that description, or
(b)
securing that a penalty charge is not required to be paid, or is refunded,
where the conduct is the subject of criminal proceedings or of a fixed
penalty notice.
(4)
The regulations may include provision prohibiting the imposition of a penalty
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charge except on the basis of—
(a)
a record produced by an approved device, or
(b)
information given by a civil enforcement officer as to conduct observed
by him.
(5)
The regulations may—
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(a)
specify exemptions from penalty charges, and
(b)
make provision for discounts or surcharges, or both.
70
Contraventions subject to civil enforcement
(1)
Schedule 7 specifies the road traffic contraventions that are subject to civil
enforcement.
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(2)
These are—
(a)
parking contraventions (see Part 1 of the Schedule);
(b)
bus lane contraventions (see Part 2 of the Schedule);
(c)
London lorry ban contraventions (see Part 3 of the Schedule);
(d)
moving traffic contraventions (see Part 4 of the Schedule).
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(3)
Regulations under this Part of this Act may make different provision in relation
to different descriptions of contravention.
(4)
The appropriate national authority may by regulations make such
consequential amendment of Schedule 7 as appears to the authority to be
required in consequence of the amendment, replacement or revocation of any
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provision of subordinate legislation referred to in that Schedule.
71
Civil enforcement areas
(1)
Schedule 8 makes provision—
(a)
as to the areas that are civil enforcement areas for the purposes of
different descriptions of road traffic contravention, and
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(b)
as to the meaning of “enforcement authority” in relation to road traffic
contraventions committed in a civil enforcement area.
(2)
In that Schedule—

Part 1 makes provision for Greater London, and

Part 2 makes provision for the rest of England and Wales.
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Traffic Management Bill
Part 6 — Civil enforcement of traffic contraventions
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72
Power to require authority to apply for civil enforcement powers
(1)
The appropriate national authority may by notice in writing under this section
(a “notice to apply”) require a local authority to make an application under
paragraph 8 of Schedule 8 for an order designating the whole or part of the
local authority’s area as a civil enforcement area for parking contraventions.
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(2)
The notice must specify—
(a)
the date by which the local authority is to make the application (“the
application date”),
(b)
the latest date by which the application must request that the order
comes into force (“the in-force date”), and
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(c)
the area in respect of which the application is to be made.
(3)
Before giving a notice to apply the appropriate national authority must inform
the local authority concerned and the appropriate chief officer of police, in
writing, of its intention to give such a notice, indicating the application date,
the in-force date and the area it intends to specify in the notice.
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(4)
The local authority may make representations to the appropriate national
authority to the effect—
(a)
that a notice to apply should not be given to the authority, or
(b)
that the notice should specify a different application date, a different in-
force date, or a different area in respect of which the application is to be
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made.
(5)
In considering whether to give a notice to apply the appropriate national
authority must have regard to the local authority’s representations and take
into account—
(a)
the administrative burden of creating or extending a civil enforcement
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area and of enforcing parking contraventions within such an area,
(b)
the financial circumstances of the local authority concerned and the
likely expenses and receipts in connection with the proposed civil
enforcement area,
(c)
any representations made by the appropriate chief officer of police, and
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(d)
any other factors appearing to the appropriate national authority to be
relevant.
(6)
After a notice to apply has been given, it may be modified by agreement
between the appropriate national authority and the local authority concerned.
73
Civil enforcement officers
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(1)
A local authority may provide for the enforcement of road traffic
contraventions for which it is the enforcement authority by individuals to be
known as civil enforcement officers.
(2)
A civil enforcement officer must be—
(a)
an individual employed by the authority, or
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(b)
where the authority have made arrangements with any person for the
purposes of this section, an individual employed by that person to act
as a civil enforcement officer.
(3)
Civil enforcement officers—

Traffic Management Bill
Part 6 — Civil enforcement of traffic contraventions
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(a)
when exercising specified functions must wear such uniform as may be
determined by the enforcement authority in accordance with guidance
issued by the appropriate national authority, and
(b)
must not exercise any of those functions when not in uniform.
(4)
In subsection (3)(a) “specified” means specified by regulations made by the
5
appropriate national authority.
(5)
A parking attendant appointed under section 63A of the Road Traffic
Regulation Act 1984 (c. 27) by a local authority that is an enforcement
authority—
(a)
is a civil enforcement officer in relation to parking contraventions for
10
which that authority is the enforcement authority, and
(b)
may be appointed a civil enforcement officer in relation to other road
traffic contraventions for which they are the enforcement authority.
74
Setting the level of penalty charges
(1)
Schedule 9 provides for the setting of the levels of penalty charges and certain
15
other charges.
(2)
In that Schedule—

Part 1 specifies the charges to which the Schedule applies,

Part 2 provides for charges applicable in Greater London, and

Part 3 provides for charges applicable outside Greater London.
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Notification, adjudication and enforcement
75
Notification of penalty charge
(1)
The Lord Chancellor may make regulations for and in connection with the
notification of penalty charges.
(2)
The regulations may provide for notification of a penalty charge to be given in
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respect of a stationary vehicle—
(a)
by a notice affixed to the vehicle,
(b)
by a notice given to a person appearing to be in charge of the vehicle, or
(c)
in such other manner as may be specified by the regulations.
(3)
The regulations may provide for notification of a penalty charge otherwise
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than in respect of a stationary vehicle to be given in such manner as may be
specified by the regulations.
(4)
The regulations may not confer power to stop vehicles.
(5)
The regulations may provide that, if it appears to the enforcement authority
that both the operator of a vehicle and the person in control of the vehicle are
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liable to a penalty charge, they may give notice to the operator requiring him
to provide them with the name and address of the person who was in control
of the vehicle at the time of the alleged contravention.
(6)
The regulations may include provision creating criminal offences to be triable
summarily and punishable with a fine not exceeding level 5 on the standard
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scale or such lower amount as may be specified.