Traffic Management Bill

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Traffic Management Bill

Traffic Management Bill
Schedule 4 — Schedule 3A to the New Roads and Street Works Act 1991
64

(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;

Traffic Management Bill
Schedule 4 — Schedule 3A to the New Roads and Street Works Act 1991
65

(b)
comply with such requirements as to its form and content
as may be prescribed.
      (6)
The street authority must send a copy of any direction under this
paragraph to the persons to whom it sent the notice under
paragraph 2(4).
5
      (7)
A direction under this paragraph shall cease to have effect if the
works referred to in paragraph 3(1)(a) to (c) to which it relates are
not completed within such period as may be prescribed.
      (8)
A direction under this paragraph may be revoked at any time by
the authority which gave it.
10
      (9)
Where a direction under this paragraph ceases to have effect by
virtue of sub-paragraph (7), or is revoked by virtue of sub-
paragraph (8), the street authority must notify the persons
specified in paragraph 2(4).
     (10)
If the street authority decides not to give a direction under this
15
paragraph, it must notify the persons specified in paragraph 2(4)
accordingly.
Effect of direction imposing restriction
5     (1)
Where a direction under paragraph 4 is in force, an undertaker
may not during the period specified in the direction execute street
20
works in the part of the highway to which the restriction relates.
      (2)
Sub-paragraph (1) does not apply—
(a)
where an undertaker executes emergency works;
(b)
where an undertaker executes works with the consent of
the street authority; or
25
(c)
in such other cases as may be prescribed.
      (3)
The consent of the street authority under sub-paragraph (2)(b)
shall not be unreasonably withheld; and any question whether the
withholding of consent is unreasonable shall be settled in such
manner as may be prescribed.
30
      (4)
Regulations under sub-paragraph (3) may in particular make
provision for the question referred to in that sub-paragraph to be
settled—
(a)
by arbitration;
(b)
by a person specified by the Secretary of State on appeal by
35
the undertaker.
      (5)
An undertaker who contravenes sub-paragraph (1) commits an
offence and is liable on summary conviction to a fine not
exceeding level 5 on the standard scale.
      (6)
An undertaker convicted of an offence under sub-paragraph (5) is
40
liable to reimburse the street authority any costs reasonably
incurred by them in reinstating the highway.
Supplementary
6
An undertaker shall be taken not to have failed to fulfil any
statutory duty to afford a supply or service if, or to the extent that,
45

Traffic Management Bill
Schedule 5 — Schedule 22A to the Highways Act 1980
66

his failure is attributable to a restriction imposed under this
Schedule.”
Schedule 5
Section 61

Schedule 22A to the Highways Act 1980
“Schedule 22A
5
Section 314A

fixed penalty offences under part 9

Offence

Brief description

An offence under

Deposit of builder’s skip on highway without

section 139(3)

permission of highway authority.

An offence under

Failure of owner of skip to ensure skip properly lit

10

section 139(4)

and marked and removed as soon as practicable

once filled or to ensure conditions of permission

complied with.

An offence created by

Failure to give a notice required by regulations

regulations made

under s.140A (charge for occupation of the

15

under section 140A,

highway by builder’s skip for unreasonable

consisting of a failure to

period).

give a notice

An offence created by

Failure to give a notice required by regulations

regulations made

under s.140B (charge determined by reference to

20

under section 140B,

duration of occupation of the highway by

consisting of a failure to

builder’s skip).

give a notice

An offence under

Offences relating to the erection or retention of

section 169(5)

scaffolding etc. which obstructs the highway.

25

An offence under

Mixing or depositing mortar etc. on highway.

section 170(1)

An offence under

Offences relating to the deposit of materials on

section 171(6)

highway or the making of temporary excavations

in it.

30

An offence created by

Failure to give a notice required by regulations

regulations made

under s.171A (charge for occupation of the

under section 171A,

highway by scaffolding etc. for unreasonable

consisting of a failure to

period).

give a notice

35

An offence created by

Failure to give a notice required by regulations

regulations made

under s.171B (charge determined by reference to

under section 171B,

duration of occupation of the highway by

consisting of a failure to

scaffolding etc.).”

give a notice

40

Traffic Management Bill
Schedule 6 — Schedule 22B to the Highways Act 1980
67

Schedule 6
Section 61

Schedule 22B to the Highways Act 1980
“Schedule 22B
Section 314A

Fixed penalties for certain offences under Part 9
Power to give fixed penalty notices
5
1     (1)
An authorised officer of a highway 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.
      (2)
In this Schedule “fixed penalty notice” means a notice offering a
10
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
regulations prescribe.
15
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.
      (2)
A fixed penalty notice must also state—
20
(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;
(c)
the person to whom and the address at which payment
25
may be made;
(d)
the method or methods by which payment may be made;
(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 any payment within the
30
period for payment.
      (3)
The person specified under sub-paragraph (2)(c) must be the
highway 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)
35
such amount, not exceeding 30 per cent. of the maximum fine for
that offence, as may be prescribed.
      (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 highway authority may extend the period for paying the
40
penalty in any particular case if they consider it appropriate to do
so.

Traffic Management Bill
Schedule 6 — Schedule 22B to the Highways Act 1980
68

The discounted amount
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.
5
      (2)
The discounted amount for a fixed penalty offence is such amount,
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
10
amount is extended until the end of the next working day.
      (4)
In sub-paragraph (3) “working day” means a day other than a
Saturday, a Sunday, Christmas Day, Good Friday or a bank
holiday in the locality in which the highway in question is
situated.
15
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.
20
      (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 highway 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
25
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 highway
authority; and
30
(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.
Power to withdraw notices
7     (1)
If the highway authority consider that a fixed penalty notice which
35
has been given ought not to have been given, they may give to the
person on whom it was given a notice withdrawing the fixed
penalty notice.
      (2)
Where a notice under sub-paragraph (1) is given—
(a)
the authority shall repay any amount which has been paid
40
by way of penalty in pursuance of the fixed penalty notice;
and
(b)
no proceedings may be commenced or continued against
that person for the offence in question.

Traffic Management Bill
Schedule 7 — Road traffic contraventions subject to civil enforcement
Part 1 — Parking contraventions
69

      (3)
The highway 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
8     (1)
In this Schedule “prescribed” means prescribed in regulations
5
made by the Secretary of State.
      (2)
The Secretary of State may, with the consent of the Treasury, make
regulations about—
(a)
the application by highway authorities of fixed penalties
paid under this Schedule;
10
(b)
the keeping of accounts, and the preparation and
publication of statements of account, relating to penalties
paid under this Schedule.
      (3)
The Secretary of State may by regulations—
(a)
prescribe circumstances in which fixed penalty notices
15
may not be given;
(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.
20
      (4)
Regulations under this Schedule may make different provision for
different circumstances.
9
Section 323(1)(b) (reckoning of periods of 8 days or less) does not
apply for the purposes of this Schedule.”
Schedule 7
25
Section 70

Road traffic contraventions subject to civil enforcement
Part 1
Parking contraventions
Parking contraventions
1
References in this Part of this Act to a parking contravention shall be
30
construed as follows.
Contraventions relating to parking places in Greater London
2     (1)
In Greater London there is a parking contravention in relation to a vehicle if
the vehicle is stationary in a parking place and—
(a)
the vehicle has been left—
35
(i)
otherwise than as authorised by or under any order relating
to the parking place, or
(ii)
beyond the period of parking that has been paid for,
(b)
no parking charge payable with respect to the vehicle has been paid,
or
40

Traffic Management Bill
Schedule 7 — Road traffic contraventions subject to civil enforcement
Part 1 — Parking contraventions
70

(c)
there has been, with respect to the vehicle, a contravention of any
provision made by or under any order relating to the parking place.
      (2)
In sub-paragraph (1) “parking place” means—
(a)
a parking place designated by an order made under section 6, 9 or 45
of the Road Traffic Regulation Act 1984 (c. 27), or
5
(b)
an off-street parking place provided under section 32(1)(a) of that
Act.
Other parking contraventions in Greater London
3     (1)
In Greater London there is a parking contravention in relation to a vehicle if
it is stationary in circumstances in which any of the offences listed below is
10
committed.
      (2)
The offences are—
(a)
an offence under section 15 of the Greater London Council (General
Powers) Act 1974 (c. xxiv) (parking on footways, verges, etc.);
(b)
an offence under section 8, 11, 16(1) or 16C of the Road Traffic
15
Regulation Act 1984 (contravention of certain traffic orders) of
contravening—
(i)
a prohibition or restriction on waiting of vehicles, or
(ii)
provision relating to any of the matters mentioned in
paragraph 7 or 8 of Schedule 1 to that Act (conditions for
20
loading or unloading, or delivering or collecting);
(c)
an offence under section 25(5) of the Road Traffic Regulation Act
1984 of contravening regulation 18 or 20 of the Zebra, Pelican and
Puffin Pedestrian Crossings Regulations and General Directions
1997 (S.I. 1997/2400) (prohibition on stopping vehicles on or near
25
pedestrian crossings);
(d)
an offence under section 35A(1) of the Road Traffic Regulation Act
1984 (contravention of orders relating to parking places provided
under section 32 or 33 of that Act);
(e)
an offence under section 61(5) of the Road Traffic Regulation Act
30
1984 (parking in loading areas);
(f)
an offence under section 19 of the Road Traffic Act 1988 (c. 52)
(parking of HGVs on verges, central reservations or footways);
(g)
an offence under section 21 of the Road Traffic Act 1988 (offences
relating to cycle tracks) of parking a vehicle wholly or partly on a
35
cycle track;
(h)
an offence under section 36(1) of the Road Traffic Act 1988 (failure to
comply with traffic sign) of failing to comply with a sign of a type
referred to in—
(i)
regulation 10(1)(b) of the Traffic Signs Regulations and
40
General Directions 2002 (S.I. 2002/3113) (zig-zag lines
relating to certain crossings), or
(ii)
regulation 29(1) of those regulations (bus stop or bus stand
markings).
      (3)
This paragraph does not apply to a contravention within paragraph 2 above
45
(contraventions relating to parking places).