Search Legislation

Advanced Search

Traffic Management Act 2004

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Traffic Management Act 2004. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Territorial Extent

  3. Summary and Overview of the Act

    1. Part 1

      Traffic Officers

    2. Part 2

      Network management by local traffic authorities

    3. Part 3

      Permit schemes

    4. Part 4

      Street Works

    5. Part 5

      Highways and Roads

    6. Part 6

      Civil enforcement of traffic contraventions

    7. Part 7

      Miscellaneous and general

  4. Commentary on Sections

    1. Part 1: Traffic Officers

      Background

      1. Sections 1 & 2: Designation of traffic officers

      2. Section 3: Jurisdiction of traffic officers

      3. Section 4: Powers to direct traffic officers

      4. Section 5: The special powers of a traffic officer

      5. Section 6: Powers to stop or direct traffic

      6. Section 7: Powers to place temporary traffic signs

      7. Section 8: Power to confer further special powers on traffic officers

      8. Section 9: Removal of certain vehicles by traffic officers

      9. Section 11: Uniform

      10. Section 13: Power to acquire land

      11. Section 14: Financial assistance to authorised persons

    2. Part 2: Network Management by Local Traffic Authorities

      1. Section 16: The network management duty

      2. Section 17: Arrangements for network management

      3. Sections 18 & 19: Guidance and power to require information

      4. Section 20: Intervention Notices

      5. Sections 21: Intervention Orders

      6. Section 23: Monitoring and Reporting

      7. Section 24: Intervention in activities of local traffic authority

      8. Section 25: Exercise of local traffic authority functions

      9. Section 26: Application of sections 20 to 25 to Local Traffic Authorities exercising functions jointly

      10. Sections 27 & 28: Criteria for making Intervention Orders and Guidance to Traffic Directors

      11. Section 29: Traffic Directors in London

      12. Section 30: Recovery of costs from local traffic authorities

      13. Section 31: Interpretation of Part 2

    3. Part 3: Permit schemes

      1. Section 32: Meaning of "permit scheme"

      2. Section 33: Preparation of permit schemes

      3. Section 34: Implementation of local highway authority permit schemes

      4. Section 35: Implementation of other permit schemes

      5. Section 36: Variation and revocation of permit schemes

      6. Section 37: Permit regulations

      7. Section 38: Crown application

      8. Section 39: Interpretation of Part 3

    4. Part 4 : Street Works

      1. Section 40 and Schedule 1: Increase in penalties for summary offences under 1991 Act

      2. Section 41 and Schedules 2 and 3: Fixed penalty offences

      3. Section 42: Duty of street authority to co-ordinate works

      4. Section 43: Directions relating to timing of street works

      5. Section 44: Directions as to placing of apparatus

      6. Section 45: The street works register

      7. Section 46: Records of location of apparatus

      8. Section 47: Duties relating to the location of unexpected apparatus

      9. Section 48: Duty to inspect records

      10. Section 49:Notices of street works

      11. Section 50: Qualifications of supervisors and operatives

      12. Section 51: Works following substantial road works

      13. Section 52 and Schedule 4: Restriction on works following substantial street works

      14. Section 53: Notices requiring remedial works relating to reinstatements

      15. Section 54: Duty to notify street authority of reinstatement

      16. Section 55: Power of street authority to require undertaker to re-surface street

      17. Section 56: Re-surfacing: regulations and guidance

      18. Section 57: Contributions to costs of re-surfacing by undertaker

      19. Section 58: Inspection fees

      20. Section 59: Guidance about inspections

    5. Part 5: Highways and Roads

      1. Section 60: Strategic Roads in London: initial designation by Secretary of State

      2. Section 61: Orders of the Greater London Authority changing what are strategic roads

      3. Section 62: London borough councils exercising powers under Highways Act 1980 so as to affect strategic roads

      4. Section 63: London borough council exercising powers under Road Traffic Regulation Act 1984 so as to affect strategic roads

      5. Section 64 and Schedules 5 and 6: Fixed penalty offences under the Highways Act 1980

      6. Section 65: Duty of local highway authority to keep records of objects in highway

      7. Section 66: Builders' skips: charge for occupation of the highway for unreasonable period

      8. Section 67: Builder’s skips: charge determined by reference to duration of occupation of the highway

      9. Section 68: Scaffolding, building materials and excavations: charge for occupation of the highway for unreasonable period

      10. Section 69: Scaffolding, building materials and excavations: charge determined by reference to duration of occupation of the highway

      11. Section 71: Guidance to local highway authorities as to safety precautions

    6. Part 6: Civil Enforcement of Traffic Contraventions

      Background

      1. Specific provision for Wales and for London

        1. Section 72: Civil penalties for road traffic contraventions

        2. Section 73 and Schedule 7: Contraventions subject to civil enforcement

        3. Section 74 and Schedule 8: Civil enforcement areas

        4. Section 75: Power to require authority to apply for civil enforcement powers

        5. Section 76: Civil enforcement officers

        6. Section 77 and Schedule 9: Setting the level of penalty charges

        7. Section 78: Notification of penalty charges

        8. Section 79: Immobilisation of vehicle where penalty charge is payable

        9. Section 80: Representations and appeals

        10. Section 81: Adjudicators

        11. Section 82: Enforcement of penalty charges

        12. Section 83: Certificated bailiffs

        13. Section 84 and Schedule 10: Designation of special enforcement areas

        14. Section 85: Prohibition of double parking etc.

        15. Section 86: Prohibition of parking at dropped footways etc.

        16. Section 87: Guidance to local authorities

        17. Section 88: Financial provisions

        18. Section 90: Application to Crown and visiting forces

        19. Section 91 and Schedule 11: Consequential amendments

    7. Part 7: Miscellaneous and General

      1. Section 94: Power to inspect blue badges

      2. Section 95: Application of surplus income from parking places

      3. Section 96: Wales

      4. Section 97: Financial provision

      5. Section 98 and Schedule 12: Repeals

      6. Section 99: Commencement

  5. Hansard References

  • Explanatory Notes Table of contents

Back to top

Options/Help

Print Options

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources