Traffic Management Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Traffic Management Bill

Traffic Management Bill
Part 2 — Network management by local traffic authorities
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Interpretation of Part 1
In this Part—
“the appropriate national authority” means—
(a)
the Secretary of State, as respects England; and
(b)
the Assembly, as respects Wales;
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“the Assembly” means the National Assembly for Wales;
“authorised person” means a person who is authorised under section 2;
“designation” means designation as a traffic officer under section 2;
“relevant road” has the meaning given by section 1(5);
“road” means any length of highway or of any other road to which the
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public has access, and includes bridges over which a road passes;
“traffic authority” has same meaning as in the Road Traffic Regulation Act
1984 (c. 27);
“traffic officer” means an individual designated under section 2.
Part 2
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Network management by local traffic authorities
General duties relating to network management
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The network management duty
(1)
It is the duty of a local traffic authority to manage their road network with a
view to achieving, so far as may be reasonably practicable having regard to
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their other obligations, policies and objectives, the following objectives—
(a)
securing the expeditious movement of traffic on the authority’s road
network; and
(b)
facilitating the expeditious movement of traffic on road networks for
which another authority is the traffic authority.
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(2)
The action which the authority may take in performing that duty includes, in
particular, any action which they consider will contribute to securing—
(a)
the more efficient use of their road network; or
(b)
the avoidance, elimination or reduction of road congestion or other
disruption to the movement of traffic on their road network or a road
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network for which another authority is the traffic authority;

and may involve the exercise of any power to regulate or co-ordinate the uses
made of any road (or part of a road) in the road network (whether or not the
power was conferred on them in their capacity as a traffic authority).
(3)
In this Part “network management duty”, in relation to a local traffic authority,
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means their duty under this section.
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Arrangements for network management
(1)
A local traffic authority shall make such arrangements as they consider
appropriate for planning and carrying out the action to be taken in performing
the network management duty.
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Traffic Management Bill
Part 2 — Network management by local traffic authorities
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(2)
The arrangements must include provision for the appointment of a person (to
be known as the “traffic manager”) to perform such tasks as the authority
consider will assist them to perform their network management duty.
(3)
The traffic manager may (but need not) be an employee of the authority.
(4)
The arrangements must include provision for establishing processes for
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ensuring (so far as may be reasonably practicable) that the authority—
(a)
identify things (including future occurrences) which are causing, or
which have the potential to cause, road congestion or other disruption
to the movement of traffic on their road network; and
(b)
consider any possible action that could be taken in response to (or in
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anticipation of) anything so identified;

but nothing in this subsection is to be taken to require the identification or
consideration of anything appearing to have only an insignificant effect (or
potential effect) on the movement of traffic on their road network.
(5)
The arrangements must include provision for ensuring that the authority—
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(a)
determine specific policies or objectives in relation to different roads or
classes of road in their road network;
(b)
monitor the effectiveness of—
(i)
the authority’s organisation and decision-making processes;
and
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(ii)
the implementation of their decisions; and
(c)
assess their performance in managing their road network.
(6)
The authority must keep under review the effectiveness of the arrangements
they have in place under this section.
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Guidance to local traffic authorities
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(1)
The appropriate national authority may publish guidance to local traffic
authorities about the techniques of network management or any other matter
relating to the performance of the duties imposed by sections 16 and 17.
(2)
In performing those duties a local traffic authority shall have regard to any
such guidance.
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Power to require information relating to network management
(1)
The appropriate national authority may direct a local traffic authority to
provide it, within a specified period, with specified information connected
with any aspect of the performance of their duties under sections 16 and 17.
(2)
The information that may be specified in such a direction—
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(a)
must be information which the authority have in their possession or
can reasonably be expected to acquire; and
(b)
includes, in particular, information relating to—
(i)
the management of a local traffic authority’s road network; or
(ii)
the use of their road network by different kinds of traffic or the
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effects of that use.
(3)
A direction under this section may be given to two or more local traffic
authorities or to local traffic authorities of a description specified in the
direction.

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Part 2 — Network management by local traffic authorities
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(4)
A direction under this section given to a London authority must be copied to
the Mayor.
Enforcement of network management duties
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Intervention notices
(1)
If the appropriate national authority considers that a local traffic authority may
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be failing properly to perform any of their duties under sections 16 and 17 it
may give a notice stating that it is of that opinion (an “intervention notice”) to
the authority.
(2)
An intervention notice must—
(a)
give brief particulars of the grounds for giving the notice; and
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(b)
offer the local traffic authority the opportunity (within a specified
period) to make representations or proposals about any matter raised
by the notice.
(3)
The notice may also require the local traffic authority to provide the national
authority, within the period specified under subsection (2)(b), with specified
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information.
(4)
Any information specified in the notice must be information that the national
authority considers will assist it in deciding what further action (if any) to take.
(5)
The Secretary of State shall consult the Mayor before giving an intervention
notice to a London authority and, if such a notice is given, shall give him a copy
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of it.
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Intervention orders
(1)
If the appropriate national authority is satisfied that a local traffic authority are
failing properly to perform any duty under sections 16 and 17 it may, by order
made by statutory instrument (an “intervention order”), make provision for or
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in connection with the appointment of a traffic director.
(2)
In this Part “traffic director” means a person appointed by the national
authority with such objectives as the national authority considers will secure
that the duty in question is properly performed.
(3)
An intervention order providing for the appointment of a traffic director must
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(among other things)—
(a)
state that the national authority is satisfied as mentioned in subsection
(1);
(b)
give brief particulars of the grounds for appointing a traffic director;
(c)
set out the objectives of the traffic director; and
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(d)
confer such general powers on the traffic director as the national
authority considers appropriate for achieving those objectives.
(4)
But such an order may not be made unless—
(a)
reasonable notice of the grounds for appointing a traffic director has
been given to the local traffic authority in an intervention notice; and
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(b)
the period specified in the notice under section 20(2)(b) has expired;

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Part 2 — Network management by local traffic authorities
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but if that period has expired an order may be made whether or not the local
traffic authority have complied with any requirements specified under section
20(3).
(5)
The general powers which may be conferred on the traffic director are powers
authorising him—
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(a)
to monitor any matter;
(b)
to report on any matter;
(c)
to intervene in activities of the local traffic authority; and
(d)
to carry out functions of the local traffic authority.

The general powers are explained further in sections 23 to 25.
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(6)
The order may require the traffic director to carry out functions of the local
traffic authority.
(7)
The order may—
(a)
limit the scope of any general powers conferred on the traffic director
or any duty imposed under subsection (6);
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(b)
confer ancillary powers on the traffic director;
(c)
provide for the circumstances in which any general or ancillary power
may (or may not) be exercised;
(d)
impose conditions on the exercise of any general or ancillary power;
(e)
make incidental or supplementary provision;
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(f)
make different provision for different circumstances.
(8)
For the purposes of subsection (7) “ancillary power” means a power to do
anything calculated to facilitate (or to be conducive or incidental to)—
(a)
the exercise by the traffic director of his general powers; or
(b)
the performance of any duty imposed on him under subsection (6),
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including, in particular, power to require the local traffic authority to provide
him with information and assistance.
(9)
The appropriate national authority shall consult the local traffic authority
before making an intervention order which makes further provision in
connection with the appointment of a traffic director under an earlier
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intervention order.
(10)
The Secretary of State shall consult the Mayor before making an intervention
order in relation to a London authority.
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Appointment of traffic director: supplementary
(1)
Where by virtue of an intervention order a traffic director is to be appointed in
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relation to a local traffic authority—
(a)
any person (including the national authority making the order, another
local traffic authority, a Passenger Transport Executive or any other
public authority) may be appointed;
(b)
the appointment may be made on such terms as that national authority
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may consider appropriate; and
(c)
the appointment may be revoked by that national authority.
(2)
The powers conferred by subsection (1) have effect subject to the provisions of
the order.

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Part 2 — Network management by local traffic authorities
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(3)
Notice of any appointment of a traffic director (or the revocation of an
appointment) shall be given to the local traffic authority (and in the case of a
London authority, to the Mayor).
(4)
Any such notice of an appointment must be given before the traffic director
begins to carry out any of his duties.
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Monitoring and reporting
(1)
The general powers which may be conferred by an intervention order under
section 21(5)(a) are powers to monitor anything connected with the
performance by the local traffic authority of their duties under 16 and 17,
including the use of their road network by different kinds of traffic or the
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effects of that use.
(2)
The general powers which may be conferred by an intervention order under
section 21(5)(b) are powers to make reports about—
(a)
anything connected with the carrying out of the traffic director’s
objectives; or
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(b)
anything connected with the performance by the local traffic authority
of their duties under sections 16 and 17, including the use of their road
network by different kinds of traffic or the effects of that use.
(3)
The order may provide for such reports to be made to the appropriate national
authority or the local traffic authority (or both).
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Intervention in activities of local traffic authority
(1)
This section explains the general powers which may be conferred by an
intervention order under section 21(5)(c).
(2)
Such powers may authorise the traffic director to give to the local traffic
authority directions with respect to the exercise of any specified function,
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including in particular directions—
(a)
to exercise (or to cease or refrain from exercising) such a function;
(b)
as to the way in which such a function is (or is not) to be exercised;
(c)
as to the policies to be adopted in the exercise of any function.
(3)
The order may specify any function of the authority (whether or not conferred
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in their capacity as a traffic authority) the exercise of which appears to the
appropriate national authority to be capable of contributing to, or interfering
with, the achievement of the traffic director’s objectives.
(4)
Such powers may also authorise the traffic director, where it appears to him
that the authority has failed to comply with a direction—
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(a)
to take any steps which still remain to be taken by the authority to
comply with the direction, and
(b)
recover from the authority as a civil debt the costs reasonably incurred
by him in taking those steps.
(5)
Anything done by the traffic director under subsection (4)(a) is to be treated as
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having been done by the authority.