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
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76
Immobilisation of vehicle where penalty charge payable
(1)
The appropriate national authority may make provision by regulations for or
in connection with—
(a)
the fixing of an immobilisation device to a stationary vehicle found in
any place where there is reason to believe the vehicle has been
5
permitted to remain at rest there in circumstances in which a penalty
charge has become payable, and
(b)
the release of the vehicle from the device only on payment of—
(i)
the penalty charge mentioned in paragraph (a),
(ii)
such unpaid earlier penalty charges relating to the vehicle as
10
may be specified in the regulations, and
(iii)
the charge payable in respect of the release.
(2)
The regulations may make provision authorising—
(a)
the fixing of an immobilisation device to the vehicle while it remains in
the place where it was found, or
15
(b)
the moving of the vehicle to another place and the fixing of an
immobilisation device to it in that other place,

and providing for any power of removal that was exercisable in relation to the
vehicle before it was so moved to continue to be exercisable in relation to the
vehicle while it remains in the place to which it was so moved.
20
(3)
The regulations may provide—
(a)
that on any occasion when an immobilisation device is fixed to a vehicle
in accordance with the regulations, the person fixing the device shall
also fix to the vehicle a notice—
(i)
indicating that such a device has been fixed to the vehicle and
25
warning that no attempt should be made to drive it or otherwise
put it in motion unless it has been released from the device;
(ii)
specifying the steps to be taken in order to secure its release; and
(iii)
giving such other information as may be specified by the
regulations; and
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(b)
that a notice fixed to a vehicle in accordance with the regulations shall
not be removed or interfered with except by or under the authority of—
(i)
the owner or person in charge of the vehicle, or
(ii)
the enforcement authority,

and that a person contravening that prohibition commits an offence
35
and is liable on summary conviction to a fine not exceeding level 2 on
the standard scale.
(4)
The regulations may also provide—
(a)
that a vehicle to which an immobilisation device has been fixed in
accordance with the regulations may only be released from the device
40
by or under the direction of a person authorised by the enforcement
authority; and
(b)
that a person who, without being authorised to do so in accordance
with the regulations, removes or attempts to remove an immobilisation
device fixed to a vehicle in accordance with the regulations commits an
45
offence and is liable on summary conviction to a fine not exceeding
level 3 on the standard scale.
(5)
The regulations shall provide—
(a)
that an immobilisation device must not be fixed to a vehicle if—

Traffic Management Bill
Part 6 — Civil enforcement of traffic contraventions
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(i)
a current disabled person’s badge is displayed on the vehicle,
(ii)
not more than 15 minutes have elapsed since the end of any
period for which the appropriate charge was duly paid at the
time of parking, or
(iii)
not more than 15 minutes have elapsed since the end of any
5
unexpired time (in respect of another vehicle) that is available at
the relevant parking meter at the time of parking; and
(b)
that if, in a case in which an immobilisation device would have been
fixed to a vehicle but for paragraph (a)(i), the vehicle was not being
used—
10
(i)
in accordance with regulations under section 21 of the
Chronically Sick and Disabled Persons Act 1970 (c. 44), and
(ii)
in circumstances falling within section 117(1)(b) of the Road
Traffic Regulation Act 1984 (c. 27) (use where a disabled
person’s concession would be available),
15

the person in charge of the vehicle commits an offence and is liable on
summary conviction to a fine not exceeding level 3 on the standard
scale.
(6)
In subsection (5)—

“disabled person’s badge” has the same meaning as in section 142(1) of
20
the Road Traffic Regulation Act 1984; and

“parking meter” has the same meaning as in section 46(2)(a) of that Act.
77
Representations and appeals
(1)
The Lord Chancellor may make provision by regulations entitling a person—
(a)
who is or may be liable to pay a penalty charge, or
25
(b)
who secures the release of a vehicle from an immobilisation device on
payment of an amount in accordance with regulations under section 76,

to make representations to the enforcement authority and to appeal to an
adjudicator if his representations are not accepted.
(2)
The regulations may make such provision in connection with the rights
30
conferred as appears to the Lord Chancellor to be appropriate, and may in
particular make provision—
(a)
requiring the authority to give a person notice of the rights conferred
by the regulations,
(b)
as to the grounds on which, and time within which, representations
35
may be made,
(c)
requiring supporting evidence in such circumstances as may be
specified,
(d)
as to the duties of the authority when representations are received,
(e)
as to the circumstances in which there is a right of appeal to an
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adjudicator,
(f)
generally as to the making, determination and effect of, and procedure
in connection with, appeals, and
(g)
enabling an adjudicator to review any decision made on, or in the
course of, an appeal.
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(3)
The regulations may include provision—
(a)
authorising an adjudicator to require a person—
(i)
to attend to give evidence at the hearing of an appeal, and

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Part 6 — Civil enforcement of traffic contraventions
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(ii)
to produce any documents in his custody or under his control
relating to any matter relevant for the purposes of the appeal,
and
(b)
making it a criminal offence triable summarily and punishable with a
fine not exceeding level 2 on the standard scale to fail to comply with
5
such a requirement.
(4)
The regulations may provide that a person who makes a representation that is
false in a material particular, and does so recklessly or knowing it to be false,
commits an offence triable summarily and punishable with a fine not
exceeding level 5 on the standard scale.
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(5)
The regulations may include provision authorising an adjudicator to make an
order for the payment of costs and expenses by a party to an appeal in such
circumstances as may be specified.
78
Adjudicators
(1)
The Lord Chancellor may make provision by regulations for and in connection
15
with the appointment of adjudicators for the purposes of this Part.
(2)
The following provisions apply in relation to the office of adjudicator—
(a)
to be qualified for appointment as an adjudicator, a person must have
a 5-year general qualification (within the meaning of section 71 of the
Courts and Legal Services Act 1990 (c. 41));
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(b)
an adjudicator is appointed for a term, not exceeding five years,
specified in his instrument of appointment;
(c)
on the expiry of a term of appointment an adjudicator is eligible for re-
appointment;
(d)
an adjudicator may be removed from office only for misconduct or on
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the ground that he is unable or unfit to discharge his functions, but
otherwise holds and vacates office in accordance with the terms of his
appointment.
(3)
The regulations shall provide—
(a)
for adjudicators to be appointed by the relevant enforcement
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authorities on such terms as those authorities may decide, and
(b)
for the consent of the Lord Chancellor to be required for any decision
by those authorities—
(i)
to appoint a person as an adjudicator,
(ii)
not to re-appoint a person as an adjudicator, or
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(iii)
to remove a person from his office as adjudicator.
(4)
The relevant enforcement authorities shall—
(a)
provide, or make arrangements for the provision of, accommodation
and administrative staff and facilities for adjudicators, and
(b)
determine the places where adjudicators are to sit,
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and shall defray all the expenses of the adjudication process and, in particular,
expenses in relation to the remuneration of adjudicators.
(5)
The regulations shall provide—
(a)
for each adjudicator to make an annual report to the relevant
enforcement authorities in accordance with such requirements as may
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be imposed by those authorities, and

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(b)
for those authorities to make and publish an annual report to the Lord
Chancellor on the discharge by the adjudicators of their functions.
(6)
In this section “the relevant enforcement authorities” means the authorities
who are enforcement authorities for the purposes of this Part in relation to road
traffic contraventions (of any description).
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(7)
The regulations may provide for the functions of the relevant enforcement
authorities under this section—
(a)
to be discharged separately for Greater London, England (outside
Greater London) and Wales;
(b)
to be discharged by means of arrangements under section 101 of the
10
Local Government Act 1972 (c. 70) (arrangements for discharge of
functions by local authorities) or in such other way as the regulations
may provide.
(8)
The regulations may make provision—
(a)
for treating adjudicators appointed before the commencement of this
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Part under section 73 of the Road Traffic Act 1991 (c. 40), or under
regulations made under section 144 of the Transport Act 2000 (c. 38), as
if they had been appointed under this section;
(b)
for continuing in force for the purposes of this section any
arrangements in force immediately before the commencement of this
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Part for the discharge of functions corresponding to the functions of
relevant enforcement authorities under this section.
(9)
The expenses of the relevant enforcement authorities under this section shall
be defrayed by them in such proportions—
(a)
as they may decide, or
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(b)
in default of a decision by them, as may be determined in accordance
with regulations made—
(i)
by the Secretary of State, or
(ii)
if the functions of those authorities are discharged separately
for Wales, by the appropriate national authority.
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(10)
Regulations under subsection (9)(b) may, in particular, provide—
(a)
for the matter to be determined by an arbitrator appointed by a body
specified in the regulations, and
(b)
for the giving of directions by the Secretary of State or, as the case may
be, the appropriate national authority in order to secure that the matter
35
is referred to arbitration.
79
Enforcement of penalty charges
(1)
The Lord Chancellor may make regulations for or in connection with the
enforcement of penalty charges.
(2)
The regulations may include provision—
40
(a)
creating criminal offences to be triable summarily and punishable with
a fine not exceeding level 5 on the standard scale or such lower amount
as may be specified;
(b)
for amounts payable under or by virtue of any provision of this Part to
be recoverable, if a county court so orders, as if they were payable
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under a county court order.

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An amount to which paragraph (b) applies that is so recoverable is referred to
below as a “traffic contravention debt”.
(3)
The Lord Chancellor may by order make provision—
(a)
for warrants of execution in respect of traffic contravention debts, or
such class or classes of traffic contravention debts as may be specified
5
in the order, to be executed by certificated bailiffs;
(b)
as to the requirements that must be satisfied before a person takes any
other step of a kind specified in the order, with a view to enforcing the
payment of—
(i)
a traffic contravention debt, or
10
(ii)
such class or classes of traffic contravention debts as may be so
specified.
(4)
Any such order may make such incidental and supplementary provision
(including modifications of any enactment other than this Act) as the Lord
Chancellor considers appropriate in consequence of the provision made by the
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order.
(5)
Any order in force immediately before the commencement of this Part under
section 78(2) of the Road Traffic Act 1991 (c. 40) shall have effect after that
commencement as if made under the corresponding provisions of this section
and shall apply in relation to the enforcement of any traffic contravention debt.
20
80
Certificated bailiffs
(1)
For the purposes of section 79 (enforcement of penalty charges) a person is a
certificated bailiff if he is authorised to act as such by a certificate signed—
(a)
by a judge assigned to a county court district, or
(b)
in such circumstances as may be specified in regulations made by the
25
Lord Chancellor, by a district judge.
(2)
The Lord Chancellor may by regulations make provision in connection with
the certification of bailiffs under this section and the execution of warrants of
execution by such bailiffs.
(3)
The regulations may, in particular, make provision—
30
(a)
as to the security (if any) to be required from certificated bailiffs,
(b)
as to the fees and expenses payable with respect to execution by
certificated bailiffs, and
(c)
for the suspension or cancellation of certificates issued under this
section and with respect to the effect of any such suspension or
35
cancellation.
(4)
Any regulations in force immediately before the commencement of this Part
under section 78(4) to (6) of the Road Traffic Act 1991 shall have effect after that
commencement as if made under the corresponding provisions of this section
and anything done by or in relation to any person under such regulations shall
40
be treated, so far as may be necessary for continuing their effect, as if done
under regulations made under this section.
(5)
A person who is not a certificated bailiff but who purports to levy a distress as
such a bailiff, and any person authorising him to levy it, shall be deemed to
have committed a trespass.
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