Traffic Management Bill

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Traffic Management Bill

Traffic Management Bill
Schedule 7 — Road traffic contraventions subject to civil enforcement
Part 1 — Parking contraventions
71

Parking contraventions outside Greater London
4     (1)
Outside 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 committed.
      (2)
The offences are—
5
(a)
an offence under section 64(3) of the Local Government
(Miscellaneous Provisions) Act 1976 (c. 57) of causing a vehicle to
stop on part of a road appointed, or deemed to have been appointed,
as a hackney carriage stand;
(b)
an offence under section 5, 11, 16(1) or 16C of the Road Traffic
10
Regulation Act 1984 (c. 27) (contravention of certain traffic orders) of
contravening a prohibition or restriction on waiting, or loading or
unloading, of vehicles;
(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
15
Puffin Pedestrian Crossings Regulations and General Directions
1997 (S.I. 1997/2400) (prohibition on stopping vehicles on or near
pedestrian crossings);
(d)
an offence under section 35A(1), 47(1) or 53(5) or (6) of the Road
Traffic Regulation Act 1984 (offences in connection with parking
20
places);
(e)
an offence under section 61(5) of the Road Traffic Regulation Act
1984 (parking in loading areas);
(f)
an offence under section 6(6) of the Essex Act 1987 (c. xx) of leaving
a vehicle on any land in contravention of a prohibition under that
25
section (prohibitions relating to verges and certain other land
adjoining or accessible from highway);
(g)
an offence under section 19 of the Road Traffic Act 1988 (c. 52)
(parking of HGVs on verges, central reservations or footways);
(h)
an offence under section 21 of the Road Traffic Act 1988 (offences
30
relating to cycle tracks) of parking a vehicle wholly or partly on a
cycle track;
(i)
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—
35
(i)
regulation 10(1)(b) of the Traffic Signs Regulations and
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).
40
Power to add further offences
5     (1)
The appropriate national authority may by regulations amend paragraph 3
or 4 so as to add further offences (but only in so far as they relate to
stationary vehicles).
      (2)
Before making regulations amending paragraph 3 the Secretary of State shall
45
consult—
(a)
the Commissioner of Police of the Metropolis and the Commissioner
of Police for the City of London, and

Traffic Management Bill
Schedule 7 — Road traffic contraventions subject to civil enforcement
Part 4 — Moving traffic contraventions
72

(b)
such associations of London authorities (if any) as he thinks
appropriate.
      (3)
Before making regulations amending paragraph 4 the appropriate national
authority shall consult—
(a)
such representatives of chief officers of police, and
5
(b)
such associations of local authorities (if any),

as the authority considers appropriate.
Part 2
Bus lane contraventions
Bus lane contraventions
10
6     (1)
A bus lane contravention is a contravention of any provision of a traffic
order relating to the use of an area of road that is or forms part of a bus lane.
      (2)
An area of road is or forms part of a bus lane if the order provides that it may
be used—
(a)
only by buses (or a particular description of bus), or
15
(b)
only by buses (or a particular description of bus) and some other
class or classes of vehicular traffic.
      (3)
In this paragraph—
“bus” includes a tramcar (within the meaning of section 141A of the
Road Traffic Regulation Act 1984 (c. 27)) and a trolley vehicle
20
(within the meaning of that section); and
“traffic order” means an order under section 1, 6, 9 or 14 of that Act.
Part 3
London lorry ban contraventions
London lorry ban contraventions
25
7
A London lorry ban contravention is a contravention of the Greater London
(Restriction of Goods Vehicles) Traffic Order 1985 made by the Greater
London Council under section 6 of the Road Traffic Regulation Act 1984, or
any order replacing that order, as amended from time to time.
Part 4
30
Moving traffic contraventions
Moving traffic contraventions
8     (1)
A moving traffic contravention is—
(a)
an offence under section 36 of the Road Traffic Act 1988 (c. 52) of
failing to comply with the indication given by a traffic sign that is
35
subject to civil enforcement (see paragraph 9), or
(b)
an offence of failing to comply with a traffic order in so far as it
makes provision for a requirement, restriction or prohibition that is
conveyed by a traffic sign subject to civil enforcement.

Traffic Management Bill
Schedule 7 — Road traffic contraventions subject to civil enforcement
Part 4 — Moving traffic contraventions
73

      (2)
In sub-paragraph (1)(b) “traffic order” means an order under section 1, 6, 9,
14 or 16A of the Road Traffic Regulation Act 1984 (c. 27).
      (3)
If conduct is both a moving traffic contravention and a London lorry ban
contravention (see Part 3 above), a penalty charge may only be imposed on
the latter basis.
5
      (4)
If in any other case the same conduct is a moving traffic contravention under
sub-paragraph (1)(a) and (b), a penalty charge may be imposed on either
basis but not both.
Traffic signs subject to civil enforcement
9     (1)
The table below specifies the traffic signs that are subject to civil
10
enforcement.
      (2)
In the table—
(a)
column 1 sets out the description, corresponding to the description
in the Traffic Signs Regulations and General Directions 2002 (S.I.
2002/3113), of the requirement, restriction or prohibition conveyed
15
by the sign, and
(b)
column 2 sets out the number given to the diagram illustrating the
sign in that instrument.
      (3)
References in the table to any sign include any permitted variant of that sign.
      (4)
The table is as follows:
20

Description
Diagram

number

Vehicular traffic must proceed in the direction indicated by the
606

arrow

Vehicular traffic must turn ahead in the direction indicated by
609

25

the arrow

Vehicular traffic must comply with the requirements in
610

regulation 15

No right turn for vehicular traffic
612

No left turn for vehicular traffic
613

30

No U-turns for vehicular traffic
614

Priority must be given to vehicles from the opposite direction
615, 615.1

No entry for vehicular traffic (when the restriction or prohibition
616

is one that may be indicated by another traffic sign subject to

civil enforcement)

35

All vehicles prohibited except non-mechanically propelled
617

vehicles being pushed by pedestrians

Entry to pedestrian zone restricted (alternative types)
618.2

Entry to and waiting in pedestrian zone restricted (alternative
618.3

types)

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Traffic Management Bill
Schedule 8 — Civil enforcement areas and enforcement authorities
Part 1 — In Greater London
74

Entry to and waiting in pedestrian zone restricted (variable
618.3A

message sign)

Motor vehicles prohibited
619

Motor vehicles except solo motor cycles prohibited
619.1

Solo motor cycles prohibited
619.2

5

Goods vehicles exceeding the maximum gross weight indicated
622.1A

on the goods vehicle symbol prohibited

One way traffic
652

Route for use by buses and pedal cycles only
953

Route for use by tramcars only
953.1

10

Box junction markings
1043, 1044

Power to amend table
10    (1)
The appropriate national authority may by regulations amend the table in
paragraph 9(4) so as to add further traffic signs.
      (2)
A traffic sign may only be added to the table if it is of a type—
15
(a)
regulating the movement of vehicles (and not stationary vehicles),
(b)
to which section 36 of the Road Traffic Act 1988 (c. 52) applies
(offence of failure to comply with traffic sign), and
(c)
failure to comply with which is not an offence involving obligatory
endorsement.
20

In paragraph (c) “offence involving obligatory endorsement” has the
meaning given by section 96 of the Road Traffic Offenders Act 1988 (c. 53).
      (3)
Before making regulations under this paragraph the appropriate national
authority shall consult—
(a)
such representatives of chief officers of police, and
25
(b)
such associations of local authorities (if any),

as the authority considers appropriate.
Schedule 8
Section 71

Civil enforcement areas and enforcement authorities
Part 1
30
In Greater London
Civil enforcement of parking contraventions relating to parking places
1     (1)
The whole of Greater London is a civil enforcement area for parking
contraventions within paragraph 2 of Schedule 7 (contraventions relating to
parking places).
35

Traffic Management Bill
Schedule 8 — Civil enforcement areas and enforcement authorities
Part 1 — In Greater London
75

      (2)
References in this Part of this Act to the enforcement authority in relation to
such contraventions are to the authority by whom the parking place in
question was designated or provided.
Civil enforcement of other parking contraventions
2     (1)
The Secretary of State may, on an application by a London authority, make
5
an order designating the whole or part of the authority’s area as a civil
enforcement area for parking contraventions within paragraph 3 of
Schedule 7 (contraventions other than those relating to parking places).
      (2)
An application may be made—
(a)
by Transport for London, to the extent that the civil enforcement area
10
is to consist of GLA roads;
(b)
by a London local authority, to the extent that the civil enforcement
area is to consist of roads other than GLA roads.
      (3)
Before making an order under this paragraph the Secretary of State shall
consult the Commissioner of Police of the Metropolis or the Commissioner
15
of Police for the City of London or, if appropriate, both of them.
      (4)
An order in force immediately before the commencement of this Part of this
Act designating an area in Greater London as a special parking area under
section 76 of the Road Traffic Act 1991 (c. 40) has effect on and after the
commencement of this Part of this Act as if it were an order under this
20
paragraph designating that area as a civil enforcement area for such parking
contraventions as are mentioned in sub-paragraph (1).
      (5)
References in this Part of this Act to the enforcement authority in relation to
such contraventions in Greater London are—
(a)
as respects parking, or any matter connected with or relating to
25
parking, on or adjacent to a GLA road, to Transport for London;
(b)
as respects parking, or any matter connected with or relating to
parking, on or adjacent to a road other than a GLA road, to the
London local authority in whose area the road is situated.
Variation of civil enforcement area by Mayor of London
30
3     (1)
The Mayor of London may by order under this paragraph amend an order
for the time being in force under paragraph 2 so as to vary the area that for
the time being constitutes the civil enforcement area.
      (2)
No such order may be made without the consent of the relevant London
authority for every road that the order has the effect of bringing within, or
35
removing from, the civil enforcement area.
      (3)
The relevant London authority is—
(a)
as regards GLA roads, Transport for London;
(b)
as regards roads other than GLA roads, the London local authority
in whose area the road is situated.
40
      (4)
An order under this paragraph must not be such as to bring within a civil
enforcement area an area as to which the Secretary of State has specified by
order that it is expedient on grounds of national security that no part of it
should be included in a civil enforcement area.
      (5)
An order in force immediately before the commencement of this Part of this
45
Act under section 76A(1) or (3)(a) of the Road Traffic Act 1991 has effect on

Traffic Management Bill
Schedule 8 — Civil enforcement areas and enforcement authorities
Part 1 — In Greater London
76

and after the commencement of this Part of this Act as if made under the
corresponding provision of this paragraph.
Civil enforcement of bus lane contraventions
4     (1)
The whole of Greater London is a civil enforcement area for bus lane
contraventions.
5
      (2)
References in this Part of this Act to the enforcement authority in relation to
bus lane contraventions in Greater London are—
(a)
in relation to contraventions on GLA roads, to Transport for London
or the relevant London local authority acting with the written
consent of Transport for London;
10
(b)
in relation to contraventions on roads other than GLA roads, to the
relevant London local authority or Transport for London acting with
the written consent of the relevant London local authority.
      (3)
Consent under sub-paragraph (2)(a) or (b) may be given with respect to the
whole or part of the area of the relevant London local authority.
15
      (4)
In this paragraph “the relevant London local authority” means the London
local authority in whose area the contravention is committed.
      (5)
Any consent in force immediately before the commencement of this Part of
this Act for the purposes of the provisions of regulations under section 144
of the Transport Act 2000 (c. 38) corresponding to the provisions of this
20
paragraph has effect on and after the commencement of this Part of this Act
as if given under this paragraph.
Civil enforcement of London lorry ban contraventions
5     (1)
The whole of Greater London is a civil enforcement area for London lorry
ban contraventions.
25
      (2)
References in this Part of this Act to the enforcement authority in relation to
such contraventions are—
(a)
in relation to contraventions on GLA roads, to Transport for London;
(b)
in relation to contraventions on roads other than GLA roads, to the
London local authority in whose area the contravention is
30
committed.
Civil enforcement of moving traffic contraventions: London local authorities
6     (1)
A London local authority may by resolution declare the whole or part of its
area to be a civil enforcement area for moving traffic contraventions.
      (2)
The resolution must specify the date on which it is to have effect, which must
35
be not less than three months after publication of the notice required by sub-
paragraph (3).
      (3)
The authority shall cause notice to be published in a local newspaper
circulating in their area—
(a)
of the passing of the resolution, and
40
(b)
of the general effect of the provisions of this Act coming into
operation as a result of it.
      (4)
A photocopy or other reproduction certified by the officer appointed for that
purpose by the authority to be a reproduction of a page or part of a page of
any such newspaper bearing the date of its publication and containing any
45

Traffic Management Bill
Schedule 8 — Civil enforcement areas and enforcement authorities
Part 2 — Outside Greater London
77

such notice shall be evidence of the publication of the notice and of the date
of publication.
      (5)
A civil enforcement area declared by resolution under this paragraph does
not extend to any GLA road.
      (6)
In relation to moving traffic contraventions in a civil enforcement area
5
created by resolution under this paragraph, references in this Part of this Act
to the enforcement authority are to the London local authority by whom the
resolution was passed or Transport for London acting with the written
consent of that authority.

Consent may be given with respect to the whole or part of the area of the
10
London local authority.
Civil enforcement of moving traffic contraventions: Transport for London
7     (1)
Transport for London may declare the whole or part of one or more GLA
roads to be a civil enforcement area for moving traffic contraventions.
      (2)
The declaration must specify the date on which it is to have effect, which
15
must be not less than three months after publication of the notice required
by sub-paragraph (3).
      (3)
Transport for London shall cause notice to be published in a local newspaper
circulating in the area of each London local authority in which a road, or part
of a road, to which the declaration relates is situated—
20
(a)
of the making of the declaration, and
(b)
of the general effect of the provisions of this Act coming into
operation as a result of it.
      (4)
A photocopy or other reproduction certified by the officer appointed for that
purpose by Transport for London to be a reproduction of a page or part of a
25
page of any such newspaper bearing the date of its publication and
containing any such notice shall be evidence of the publication of the notice
and of the date of publication.
      (5)
In relation to moving traffic contraventions in a civil enforcement area
declared under this paragraph, references in this Part of this Act to the
30
enforcement authority are to Transport for London or the London local
authority in whose area the contravention is committed acting with the
written consent of Transport for London.

Consent may be given with respect to the whole or part of the area of a
London local authority.
35
Part 2
Outside Greater London
Designation of civil enforcement areas for parking contraventions
8     (1)
The appropriate national authority may, on an application under this
paragraph, make an order designating the whole or part of a local
40
authority’s area as a civil enforcement area for parking contraventions.
      (2)
An application under this paragraph may be made—
(a)
with respect to the whole or part of their area, by a county council in
England;