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
50

Additional contraventions in special enforcement areas
81
Designation of special enforcement areas
Schedule 10 provides for the designation of areas (“special enforcement areas”)
where the following sections apply—
section 82 (prohibition of double parking etc.);
5
section 83 (prohibition of parking at dropped footway).
82
Prohibition of double parking etc.
(1)
In a special enforcement area a vehicle must not be parked on the carriageway
in such a way that no part of the vehicle is within 50 centimetres of the edge of
the carriageway.
10

This is subject to the following exceptions.
(2)
The first exception is where the vehicle is parked wholly within a designated
parking place or any other part of the road where parking is specifically
authorised.

A “designated parking place” means a parking place designated by order
15
under section 6, 9, 32(1)(b) or 45 of the Road Traffic Regulation Act 1984 (c. 27).
(3)
The second exception is where the vehicle is being used for fire brigade,
ambulance or police purposes.
(4)
The third exception is where—
(a)
the vehicle is being used for the purposes of delivering goods to, or
20
collecting goods from, any premises, or is being loaded from or
unloaded to any premises,
(b)
the delivery, collection, loading or unloading cannot reasonably be
carried out in relation to those premises without the vehicle being
parked as mentioned in subsection (1), and
25
(c)
the vehicle is so parked for no longer than is necessary and for no more
than 20 minutes.
(5)
The fourth exception is where—
(a)
the vehicle is being used in connection with any of the following—
(i)
undertaking any building operation, demolition or excavation,
30
(ii)
the collection of waste by a local authority,
(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
35
relation to the supply of gas, electricity, water or
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.
40
(6)
In this section “carriageway” has the meaning given by section 329(1) of the
Highways Act 1980 (c. 66).
(7)
References in this section to parking include waiting, but do not include
stopping where—

Traffic Management Bill
Part 6 — Civil enforcement of traffic contraventions
51

(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
(b)
the vehicle is stopped, for no longer than is necessary, for the purpose
of allowing people to board or alight from it.
(8)
The prohibition in this section is enforceable as if imposed—
5
(a)
in Greater London, by an order under section 6 of the Road Traffic
Regulation Act 1984;
(b)
elsewhere in England and Wales, by an order under section 1 of that
Act.
83
Prohibition of parking at dropped footways
10
(1)
In a special enforcement area in Greater London a vehicle must not be parked
on the carriageway adjacent to a part of the footway or verge that has been
lowered to meet the level of the carriageway for the purpose of—
(a)
assisting pedestrians crossing the road, or
(b)
assisting vehicles to enter or leave the road across the footway or verge.
15

This is subject to the following exceptions.
(2)
The first exception is where the vehicle is parked on a part of the carriageway
at a time when—
(a)
an order under section 6 or 9 of the Road Traffic Regulation Act 1984
(c. 27) (road traffic regulations orders) prohibits or permits parking
20
there, or
(b)
an order under section 45 of that Act (designation of non-paying
parking places on roads) provides for its use as a designated parking
place.
(3)
The second exception is where the vehicle is parked outside residential
25
premises by or with the consent (but not consent given for reward) of the
occupier of the premises.

This exception does not apply in the case of a shared driveway.
(4)
The third exception is where the vehicle is being used for fire brigade,
ambulance or police purposes.
30
(5)
The fourth exception is where—
(a)
the vehicle is being used for the purposes of delivering goods to, or
collecting goods from, any premises, or is being loaded from or
unloaded to any premises,
(b)
the delivery, collection, loading or unloading cannot reasonably be
35
carried out in relation to those premises without the vehicle being
parked as mentioned in subsection (1), and
(c)
the vehicle is so parked for no longer than is necessary and for no more
than 20 minutes.
(6)
The fifth exception is where—
40
(a)
the vehicle is being used in connection with any of the following—
(i)
undertaking any building operation, demolition or excavation,
(ii)
the collection of waste by a local authority,
(iii)
removing an obstruction to traffic,
(iv)
undertaking works in relation to a road, a traffic sign or road
45
lighting, or

Traffic Management Bill
Part 6 — Civil enforcement of traffic contraventions
52

(v)
undertaking works in relation to a sewer or water main or in
relation to the supply of gas, electricity, water or
communications services,
(b)
it cannot be so used without being parked as mentioned in subsection
(1), and
5
(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
Highways Act 1980 (c. 66).
(8)
References in this section to parking include waiting, but do not include
stopping where—
10
(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
(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
15
section 6 of the Road Traffic Regulation Act 1984 (c. 27).
Supplementary
84
Financial provisions
(1)
The appropriate national authority may make provision by regulations—
(a)
requiring the keeping of accounts, and the preparation and publication
20
of statements of account, of the income and expenditure of enforcement
authorities in connection with their functions under this Part, and
(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
25
relation to different descriptions of contravention, and
(b)
for accounts to be kept in respect of an authority’s income and
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
30
1984 (financial provisions relating to income and expenditure from parking
places) applies in relation to income and expenditure of enforcement
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.
35
(4)
The regulations may provide for carrying forward a surplus arising before the
commencement of this Part on an account kept under—
(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),
40
(b)
regulations under section 144 of the Transport Act 2000 (c. 38) (bus lane
contraventions), or
(c)
Schedule 2 to the London Local Authorities and Transport for London
Act 2003 (c. iii) (London lorry ban contraventions or moving traffic
contraventions).
45

Traffic Management Bill
Part 6 — Civil enforcement of traffic contraventions
53

85
Regulations and orders
(1)
Regulations and orders under this Part may make provision for Greater
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.
5
(3)
Regulations and orders under this Part may contain incidental, consequential
or transitional provision or savings.
(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
10
made by a Minister of the Crown is subject to annulment in pursuance of a
resolution of either House of Parliament.
86
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
15
or airforce purposes, or
(b)
belongs to any visiting forces (within the meaning of the Visiting Forces
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—
20
(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)
(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
25
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.
87
Consequential amendments
Schedule 11 provides for amendments consequential on the provisions of this
Part.
30
88
Minor definitions
(1)
In this Part—

“appropriate national authority” means—
(a)
as regards England, the Secretary of State, and
(b)
as regards Wales, the National Assembly for Wales;
35

“approved device” means a device of a description specified in an order
made by the appropriate national authority;

“fixed penalty notice” has the meaning given by section 52(1) of the Road
Traffic Offenders Act 1988 (c. 53);

“GLA road” means—
40
(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

Traffic Management Bill
Part 6 — Civil enforcement of traffic contraventions
54

(b)
a GLA side road within the meaning of the Road Traffic
Regulation Act 1984 (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;
5

“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
10
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
15
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
20
registered;

“penalty charge” means a penalty charge imposed under this Part;

“road” has the same meaning as in the Road Traffic Regulation Act 1984
(c. 27);

“subordinate legislation” has the same meaning as in the Interpretation
25
Act 1978 (c. 30) (see section 21(1) of that Act);

“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.
30
89
Index of defined expressions
In this Part the expressions listed below are defined or otherwise explained by
the provisions indicated—

appropriate national authority
section 88

approved device
section 88

35

bus lane contravention
Part 2 of Schedule 7

civil enforcement area
Schedule 8

civil enforcement officer
Section 73

enforcement authority
Schedule 8

fixed penalty notice
section 88

40

GLA road
section 88

immobilisation device
section 88

Traffic Management Bill
Part 7 — Miscellaneous and General
55

local authority
section 88

London local authority
section 88

London lorry ban contravention
Part 3 of Schedule 7

moving traffic contravention
Part 4 of Schedule 7

operator
section 88

5

owner
section 88

parking contravention
Part 1 of Schedule 7

penalty charge
section 88

road
section 88

road traffic contravention
Schedule 7

10

special enforcement area
Schedule 10

subordinate legislation
section 88

traffic sign
section 88

Part 7
Miscellaneous and General
15
90
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
parking places) is amended as follows.
(2)
In subsection (4), for paragraph (d) (purposes for which surplus may be
20
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
undesirable, the following purposes—
(i)
meeting costs incurred, whether by the local authority
25
or by some other person, in the provision or operation
of, or of facilities for, public passenger transport
services,
(ii)
the purposes of a highway or road improvement project
in the local authority’s area,
30
(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,
(iv)
the purposes of environmental improvement in the local
authority’s area,
35
(v)
in the case of such local authorities as may be prescribed,
any other purposes for which the authority may
lawfully incur expenditure;”.

Traffic Management Bill
Part 7 — Miscellaneous and General
56

(3)
After subsection (4A) insert—
“(4B)
For the purposes of subsection (4)(d)(iv) “environmental
improvement” includes—
(a)
the reduction of environmental pollution (as defined in the
Pollution Prevention and Control Act 1999 (c. 24); see section
5
1(2) and (3) of that Act);
(b)
improving or maintaining the appearance or amenity of—
(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
10
(c)
the provision of outdoor recreational facilities available to the
general public without charge.
(4C)
Regulations for the purposes of subsection (4)(d)(v) above—
(a)
may prescribe all local authorities, particular authorities or
particular descriptions of authority,
15
(b)
may make provision by reference to whether the authority or
authorities in question have been classified for the purposes of
any other enactment as falling or not falling within a particular
category, and
(c)
may make provision for the continued application of that
20
provision, in prescribed cases and to such extent as may be
prescribed, where an authority that is prescribed or of a
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)
25
insert—
“(za)
to make regulations for the purposes of section 55(4)(d)(v) of the
Road Traffic Regulation Act 1984;”.
91
Wales
References in Schedule 1 to the National Assembly for Wales (Transfer of
30
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),
are to be treated as references to those Acts as amended by this Act.
35
92
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—
(i)
traffic officers designated under Part 1 (including expenditure
relating to the provision of financial assistance under section 14
40
or other expenditure relating to the provision of equipment,
accommodation or other facilities);
(ii)
the establishment and operation of regional centres for the
management of traffic on his road network;