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Explanatory Notes to Traffic Management Act 2004
2004 Chapter 18 |
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© Crown Copyright 2004 Explanatory Notes to Acts of the UK Parliament are subject to Crown Copyright protection. They may be reproduced free of charge provided that they are reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of these Explanatory Notes does not extend to the Queen's Printer imprints which should be removed from any copies of the Explanatory Notes which are issued or made available to the public. This includes reproduction of the Notes on the internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this internet version of the Explanatory Notes which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text in printed form and as published by The Stationery Office Limited as the Traffic Management Act 2004, ISBN 010 561 804 7. The print version may be purchased by clicking here. Braille copies of the Explanatory Notes can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.
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These notes refer to the Traffic Management Act 2004 (c18) which received Royal Assent on 22 July 2004. TRAFFIC MANAGEMENT ACT 2004EXPLANATORY NOTESINTRODUCTION 1. These Explanatory Notes relate to the Traffic Management Act 2004 which received Royal Assent on 22nd July 2004. They have been prepared by the Department for Transport in order to assist the reader in understanding the Act. They do not form part of the Act and have not been endorsed by Parliament. 2. The notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a section or part of a section does not seem to require any explanation or comment, none is given. TERRITORIAL EXTENT 3. The Act extends only to England and Wales. SUMMARY AND OVERVIEW OF THE ACT 4. The Act is in seven Parts. Part 1 Traffic Officers 5. Part 1 empowers the Secretary of State for Transport, in his capacity as highway and traffic authority for the strategic road network in England, (i.e. most motorways and all other trunk roads), to establish a uniformed on-road traffic officer service to manage the traffic consequences of random incidents (such as accidents, obstructions, debris and break downs) and manage programmed highway events such as the passage of abnormal loads. In practice the Secretary of State carries out his functions as highway and traffic authority through the Highways Agency, which is an executive agency of the Department for Transport, and the Highways Agency would be implementing this part of the Act on his behalf. 6. The Act also empowers the National Assembly for Wales, in their capacity as highway and traffic authority for the strategic road network in Wales, to so establish a traffic officer service in Wales. 7. The Act enables some traffic management functions on motorways and other trunk roads currently carried out by the police to be carried out by traffic officers. The Act provides for traffic officers to have powers to stop and direct traffic, and place and operate traffic signs to deal with incidents and keep traffic moving. Part 2 Network management by local traffic authorities 8. Part 2 imposes a duty on all local traffic authorities to secure the expeditious movement of traffic on their road networks, and to facilitate the expeditious movement of traffic on other authorities' networks. Authorities are required to make arrangements as they consider appropriate for planning and carrying out the action to be taken in performing the duty; part of the arrangements must be the appointment of a "Traffic Manager". 9. If an authority is failing properly to perform its network management duty, or duty to make appropriate arrangements, then the Act provides for the Secretary of State (in England) and the National Assembly for Wales (in Wales) to appoint a "Traffic Director" in relation to that authority. The national authority must, among other things, set out such objectives for the traffic director as the national authority considers will secure that the duty or duties are being properly performed. Part 3 Permit schemes 10. Part 3 provides for the introduction of permit schemes by order of the Secretary of State (in England), and the National Assembly for Wales (in Wales). A permit scheme would control specified works in the street in a particular area and would require a permit to be obtained for such works. The Act provides that permit schemes could extend to works such as road works and street works, and could extend to corresponding works. A permit scheme may provide for conditions to be attached to permits which would apply in relation to the carrying out of specified works. Part 4 Street Works 11. Part 4 provides for changes to the regulatory regime for utility companies' street works. 12. The Act also provides for increases in levels of fines of specified offences, and provides for highway authorities to issue Fixed Penalty Notices for certain offences. Part 5 Highways and Roads 13. Part 5 includes specific measures that alter the arrangements for traffic management in London. These include provisions for the Secretary of State to designate an initial network of strategic roads (and for changes to that network to be made by the Assembly or the Mayor of London acting on its behalf). The purpose of designating this network is to enhance Transport for London's (TfL's) powers in relation to Borough roads by enabling it to object to proposals that would affect strategic roads. 14. The Act also amends the Highways Act 1980, most notably to provide for regulations to apply 'lane rental' charges to skips, scaffolding, building materials and temporary excavations that occupy the highway. Part 6 Civil enforcement of traffic contraventions 15. Part 6 includes powers providing a single framework to make regulations for the civil enforcement by local authorities of parking and waiting restrictions, bus lanes and some moving traffic offences. These regulations will replace existing powers in national and London local legislation. It will enable regulations to be made giving authorities outside London civil enforcement powers to cover some moving traffic offences (such as ignoring the rules at box junctions and banned turns) using camera evidence, and additional powers in respect of parking enforcement which already exist in London. 16. The Act also gives the appropriate national authority a reserve power to direct a local authority outside London to apply for civil parking enforcement powers. Part 7 Miscellaneous and general 17. Part 7 contains general and miscellaneous provision, including provision relating to Blue Badges, for the application of surplus income from parking places, and financial provision for the establishment of traffic officers. COMMENTARY ON SECTIONS Part 1: Traffic Officers Background 18. The Government has charged the Highways Agency with developing its role as strategic road network operator. In pursuance of this the Agency has undertaken, in partnership with the Association of Chief Police Officers, a review of the roles and responsibilities of both the police and the Highways Agency for traffic management on the network. The review concluded that responsibility for a number of tasks associated with traffic management should transfer from the police to the Highways Agency. It recommended that the Highways Agency assume a greater traffic management role and establish:-
19. On 20th June 2003 the Secretary of State for Transport made a statement to the House of Commons setting out his policy for future management of the network. The statement indicted that the Government endorsed the review and that the Agency would be working with the police and others to implement its recommendations. 20. The Secretary of State has the legal power to establish and operate regional control centres, but primary legislation is required in order to establish traffic officers with traffic management powers. Sections 1 & 2: Designation of traffic officers 21. These sections empower the Secretary of State (in England) and the National Assembly for Wales (in Wales), to designate individuals to act as traffic officers or to authorise another to do so. Traffic officers would thus either be employed directly by the appropriate national authority or they would be employed by external service providers. During the early years of operating a traffic officer service in England it is expected that all traffic officers will be designated by the Secretary of State and will be employees of the Highways Agency. In the longer term there is the option to employ contractors to provide the traffic officers. 22. Traffic officers' duties must be related to the management of traffic on roads for which the appropriate national authority is the traffic authority, or the performance of any of the authorities' other functions as highway or traffic authority for trunk roads. Thus for example, in addition to traffic management, they would be able to carry out incidental or supportive tasks such as monitoring the condition of the road and reporting on any defects or problems. Section 3: Jurisdiction of traffic officers 23. Section 3 defines the roads over which traffic officers will be able to exercise their special powers (see section 5 and the notes on that section). These are likely to be all roads for which the national authority is the traffic authority within the relevant national boundary. However, the section provides that their jurisdiction may be limited to specific roads. This might be used where traffic officers are designated by service providers who have a contract to provide a traffic service for a specific area. Section 4: Powers to direct traffic officers 24. Traffic officers would be directed by or on behalf of the appropriate national authority. However, to prevent any potential conflict between their role on the ground and that of the police in dealing with traffic accidents or incidents this section empowers the police to exercise primacy. In practice, this means that the police may opt to deal with incidents themselves, with or without traffic officer support, or allow traffic officers to act without police involvement. This section also provides that where traffic officers are contracted out, the appropriate national authority may still give them direct instructions. Section 5: The special powers of a traffic officer 25. Section 5 sets out restrictions and limitations on the exercise of traffic officers' constabulary-type powers, referred to as "special powers". Those special powers are the power to stop and direct traffic, power to place temporary traffic signs, and any other constabulary-type power which they may be given by legislation. 26. These powers may only be used to assist traffic movement, avoid danger to persons or traffic or prevent damage to the road or anything on or near the road or for incidental purposes. 27. Traffic officers would be able to use their special powers on roads within their jurisdiction. They would also be able to use their special powers on any other roads in England and Wales provided they were acting under the direction of the police for the area in which the road is situated or with the consent of the traffic authority for the road. 28. In practice, this means, for example, that although traffic officers' jurisdiction is to be on the national authority's roads, where an accident on such a road results in significant impact on traffic elsewhere, or where advance warnings need to be in place quickly on approach roads to warn traffic of problems on the national authority's road, traffic officers might be asked to operate temporarily on a local road at the direction of the police, or with agreement of the local highway authority. It is anticipated that operating protocols will be agreed in advance with the local highway authorities and police. A similar approach applies at the border between England and Wales. Section 6: Powers to stop or direct traffic 29. Section 6 provides for traffic officers to have similar powers to those held by the police under the Road Traffic Act 1988 ("RTA") to require vehicles, cyclists and pedestrians to stop and to require vehicles and cyclists to proceed in a particular direction. 30. The section 35 RTA offences (failure of drivers or cyclists to stop or proceed as directed) carry a maximum fine of level 3 on the standard scale (£1,000) and in certain cases endorsement and possibly disqualification. The offences are also fixed penalty offences carrying fines of up to £60. 31. The section 37 RTA offence (failure of pedestrians to stop when directed) carries a maximum fine of level 3 on the standard scale (£1,000). 32. The section 163 RTA offence (failure of drivers or cyclists to stop when directed) carries a maximum fine of level 3 on the standard scale (£1,000). The offence is also a fixed penalty offence carrying a fine of £30. Section 7: Powers to place temporary traffic signs 33. Section 7 provides for traffic officers to have a similar power to a police constable to place and maintain traffic signs on the highway. The signs may be used to indicate prohibitions, restrictions or requirements relating to traffic to deal with congestion or obstruction of traffic or danger to or from traffic. Such signage may be placed for a period of up to seven days. 34. The effect of subsection (2) is that section 36 of the Road Traffic Act 1988 applies to any traffic signs so placed by traffic officers. Section 36 makes it an offence not to comply with traffic signs to which it applies. 35. Breach of section 36 carries a maximum fine of level 3 on the standard scale (£1,000). In addition, for breach of certain signs (e.g. stop signs) endorsement is obligatory and disqualification is discretionary. Breach is also a fixed penalty offence with fines of up to £60. Section 8: Power to confer further special powers on traffic officers 36. Section 8 makes provision for the appropriate national authority to confer further "special powers" on traffic officers by order made by statutory instrument. 37. The Act imposes limitations on both the extent of the powers which may be conferred as well as the purposes for which they may be exercised. Firstly, subsection (2) requires the national authority to be satisfied that any such special power would be necessary to facilitate the performance of any duties which may be assigned to traffic officers. The duties which may be assigned to traffic officers are defined by section 1. 38. Secondly, the exercise of special powers is subject to the restrictions set out in section 5. Subsection (3) of that section provides that special powers may only be exercised for one or more of the purposes specified there. 39. Subsection (3)(b) provides that an order may contain supplemental, incidental transitional or consequential provisions including provision amending existing legislation. The possible use for this power can be seen in the existing special powers granted to traffic officers by sections 6 and 7 of the Act and the associated repeals (see section 98 and Part 2 of Schedule 12). The approach adopted for conferring these special powers is to extend to traffic officers the existing statutory powers granted to police officers. This approach requires amendment of or reference to relevant statutes. It is likely that any further special powers would be similarly granted by way of adoption of existing statutory provisions, or by way of addition to existing road traffic legislation necessitating alteration of related provisions. The wording used in subsection (3)(b) would enable this. 40. The Secretary of State may not make such an instrument unless a draft has been approved by both Houses of Parliament. One made by the National Assembly in relation to Wales would be subject to the Assembly's own procedures, in accordance with the Government of Wales Act 1998. These include a requirement for an affirmative vote of the Assembly in plenary session. Section 9: Removal of certain vehicles by traffic officers 41. Section 9 modifies, in the case traffic officers, the Secretary of State's power under section 99 of the Road Traffic Regulation Act 1984 to make regulations providing for the removal of vehicles obstructing the highway, or abandoned or broken down or dangerously or illegally parked. 42. Where under section 99 the Secretary of State makes regulations empowering traffic officers to remove such vehicles section 9 will enable consequential provisions to be included. In particular this would enable provisions for the disposal of any such vehicles and for the recovery of the costs relating to their removal storage and disposal. Such provision would be likely to be by way of amendment to sections 100 to 102 of the 1984 Act. Subsection (2) would enable this. 43. Regulations made under section 99 of the 1984 Act are, by section 134(3) of that Act, subject to the negative resolution procedure. Section 10: Offences 44. Section 10 makes it an offence to assault, resist, wilfully obstruct, or impersonate a traffic officer or fail to give a name and address to a traffic officer when lawfully demanded (as to which see subsections (4) and (5)). The penalties for these offences vary with the offence and are set out in the section. This provides for penalties of fines not exceeding respectively level 5 (£5,000) or level 3 (£1,000) on the standard scale and also for imprisonment. Section 11: Uniform 45. Section 11 provides for the uniform to be worn by traffic officers to be determined by the appropriate national authority. By virtue of subsection (6) of section 5 a traffic officer may not exercise his special powers on a road unless he is in uniform. Section 13: Power to acquire land 46. Section 13 gives the appropriate national authority the power to acquire land, if necessary, for the traffic officer service or for other purposes connected with the management of traffic such as for the provision of traffic control centres. Such land may be bought by agreement or compulsorily. Section 14: Financial assistance to authorised persons 47. Section 14 provides a power to provide financial assistance to authorised persons in respect of traffic officers designated by them. Part 2: Network Management by Local Traffic Authorities Section 16: The network management duty 48. Section 16 places a duty on every local traffic authority to manage its road network to secure the expeditious movement of traffic on their road network, and to facilitate traffic movement on other traffic authorities' road networks. The network must be managed with a view to achieving the objective of the duty, so far as may be reasonably practicable, having regard to the local authority's other obligations, policies and objectives. The action a local authority may take in performing the duty includes the exercise of any powers affecting the use of the network, whether or not those powers were conferred on the authority in their capacity as a traffic authority. Section 17: Arrangements for network management 49. Section 17 requires authorities to make arrangements to carry out their network management duty under section 16. The arrangements must, among other things, include the appointment of a "Traffic Manager". Sections 18 & 19: Guidance and power to require information 50. Sections 18 and 19 provide for the Secretary of State (in England), or the National Assembly for Wales (in Wales) to issue guidance to authorities about the techniques of network management or other matters relating to the exercise of their network management duties and to obtain information from authorities connected with the performance of those duties. The Secretary of State and National Assembly for Wales are identified in the provisions of Part 2 of the Act as "the appropriate national authority". Section 20: Intervention Notices 51. Section 20 provides power for the Secretary of State (in England) and the National Assembly for Wales (in Wales) to give an intervention notice to a local traffic authority. Subsection (3) requires the authority to provide any information requested in the notice. Subsection (2)(b) provides the authority with an opportunity to make representations. Subsection (5) provides that the Secretary of State must consult the Mayor prior to any giving notice in respect of a London authority and, if it is given, provide him with a copy of the notice. Sections 21: Intervention Orders 52. Section 21 provides for an Intervention Order in connection with the appointment of a "Traffic Director" to an authority by the Secretary of State or National Assembly, as appropriate, in the event that they are satisfied that the authority is failing to perform any duty under sections 16 and 17. Under subsection (3) the Order must set out the grounds for the appointment and the Traffic Director's objectives. 53. A Traffic Director may be given the powers which are described in general terms in subsection (5). These are to monitor, to report, to intervene in the activities of the local authority, and to carry out functions of the local authority. Subsection (7) enables the scope of those general powers, as well as when and how such powers may be exercised, to be limited by the Order. 54. Subsection (8) defines the scope of the ancillary powers which may be conferred on the Traffic Director, which may include a requirement for the local authority to provide him with information and assistance. Subsection (9) provides for the amendment of the intervention order setting out the powers of the Traffic Director, after he has been appointed, but only after consultation with the local authority. Subsection (10) provides that the Secretary of State shall consult the Mayor prior to making an intervention order in respect of a London authority. Section 23: Monitoring and Reporting 55. Section 23 provides that the Intervention Order may confer on a Traffic Director a power to monitor the performance of the local authority of their duties under section 16 and 17 and a power to make reports to the local authority and/or Secretary of State (in England) or the National Assembly for Wales (in Wales). Section 24: Intervention in activities of local traffic authority 56. Section 24 provides for the powers that an Intervention Order may confer on a Traffic Director to direct a local authority to take (or not take) certain actions. Section 25: Exercise of local traffic authority functions 57. Section 25 provides that an Intervention Order may confer on a Traffic Director a power to exercise specified functions in place of the authority. Section 26: Application of sections 20 to 25 to Local Traffic Authorities exercising functions jointly 58. Authorities may exercise jointly a function which is relevant to achieving their duties under sections 16 and 17. Section 26 enables the Secretary of State or National Assembly, by Order, to apply sections 20 to 25 to such cases. Subsection (2) provides that such an Order made by the Secretary of State shall be subject to negative resolution in either House of Parliament. Sections 27 & 28: Criteria for making Intervention Orders and Guidance to Traffic Directors 59. Section 27 requires the Secretary of State or National Assembly to give guidance about the criteria which it proposes to apply in deciding whether to intervene under this Part. Subsection (2) of that section provides that the guidance shall be appended to an Order made by the Secretary of State (in England) or National Assembly for Wales (in Wales). Subsection (3) provides that an Order of the Secretary of State will be subject to negative resolution in either House of Parliament. Section 28 allows the Secretary of State (in England) or National Assembly for Wales (in Wales), to issue guidance to Traffic Directors. This is not subject to Parliamentary procedure. Section 29: Traffic Directors in London 60. Section 29 provides for the relationship between the Mayor and a Traffic Director appointed in relation to a London authority, or where a Traffic Director is appointed in relation to Transport for London. Subsection (3) provides that a Traffic Director need not comply with a direction from the Mayor under Part 4 (Transport) of the Greater London Authority Act 1999. 61. Subsections (6) and (7) provide that where a Traffic Director is appointed in relation to TfL, and exercises the power of TfL to object to a Borough proposal under s. 301A (3) of the Highways Act 1980 or s. 121B(3) of the Road Traffic Regulation Act 1984 (or directs TfL to exercise this power), the Greater London Authority will not be able to override this objection by giving its consent. | |
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