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Traffic Management Act 2004

Type Public General Act

Publication 2004-07-22

Last updated 2026-03-11

State In force

Department Statute Law Database

Source legislation.gov.uk

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Reform history JSON API

(b) “strategic road” means a road which is for the time being a strategic road by virtue of an order under subsection (1) or section 61(1);

(5) For the purposes of this section and section 61—

(a) the City of London shall be treated as if it were a London borough;

(b) the Common Council shall be treated as if it were the council for a London borough;

(6) In this Part—

“the 1980 Act” means the Highways Act 1980 (c. 66);

“the 1984 Act” means the Road Traffic Regulation Act 1984 (c. 27).

(7) A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Orders of the Greater London Authority changing what are strategic roads

61

(1) If the Mayor of London considers it expedient that any road or proposed road in Greater London, other than a road for which the Secretary of State, a strategic highways company or Transport for London is the traffic authority, should become a strategic road then the Greater London Authority may by order direct that the road or proposed road shall become a strategic road.

(2) Subject to subsection (3), an order under subsection (1) takes effect on such date as may be specified in the order.

(3) An order under subsection (1) is of no effect unless—

(a) it is made with the consent of the council for the London borough in which the road is situated (or proposed road is to be situated), or

(b) if that consent is refused, it is confirmed (with or without modifications) by the Secretary of State.

(4) If the Mayor considers it expedient that any strategic road should cease to be such a road then the Greater London Authority may by order direct that the road shall cease to be such a road.

(5) An order under subsection (4) takes effect on such date as may be specified in the order.

(6) The functions of the Greater London Authority under this section are functions exercisable by the Mayor acting on its behalf.

(7) Section 124C of the 1984 Act (certification and records) applies in relation to strategic roads as it applies in relation to GLA side roads.

London borough council exercising powers under Highways Act 1980 so as to affect strategic roads

62

(1) Section 301A of the 1980 Act (London borough council exercising powers under that Act so as to affect certain roads) is amended as follows.

(2) In subsection (1)—

(a) at the end of paragraph (a) there is inserted—

(aa) a strategic road,

;

(b) in paragraph (b), after “borough” there is inserted “ other than a GLA road or strategic road ”.

(3) In subsection (3)(a), for the words from “by Transport for London” to the end there is substituted

— (i) in the case of a GLA road, by Transport for London; (ii) in the case of a strategic road, by Transport for London and, where the road concerned is in another London borough, the council for that borough; (iii) in the case of a road within subsection (1)(b), by the London borough council concerned; or

(4) After subsection (3) there is inserted—

(3A) References in paragraphs (b) to (d) of subsection (3) to objections are to objections made by a person who, in the circumstances, has the power to give an approval under paragraph (a) of that subsection.

(5) In subsection (5)(a), for the words from “a GLA road” to the end there is substituted

— (i) a GLA road, (ii) a strategic road, or (iii) a road in another London borough other than a GLA road or strategic road, and

(6) In subsection (10)—

(a) in paragraph (b), at the end there is inserted “ or strategic roads ”;

(b) in paragraph (c), for “neither GLA roads nor” there is substituted “ not GLA roads, strategic roads or ”.

(7) After subsection (16) there is inserted—

(17) In this section “strategic road” has the meaning given by section 60 of the Traffic Management Act 2004.

London borough council exercising powers under Road Traffic Regulation Act 1984 so as to affect strategic roads

63

(1) Section 121B of the 1984 Act (London borough council exercising powers under that Act so as to affect certain roads) is amended as follows.

(2) In subsection (1)—

(a) at the end of paragraph (a) there is inserted—

(aa) a strategic road,

;

(b) in paragraph (b), after “borough” there is inserted “ other than a GLA road or strategic road ”.

(3) In subsection (3)(a), for the words from “by Transport for London” to the end there is substituted

— (i) in the case of a GLA road, by Transport for London; (ii) in the case of a strategic road, by Transport for London and, where the road concerned is in another London borough, the council for that borough; (iii) in the case of a road within subsection (1)(b), by the London borough council concerned; or

(4) After subsection (3) there is inserted—

(3A) References in paragraphs (b) to (d) of subsection (3) to objections are to objections made by a person who, in the circumstances, has the power to give an approval under paragraph (a) of that subsection.

(5) In subsection (5)(a), for the words from “a GLA road” to the end there is substituted

— (i) a GLA road, (ii) a strategic road, or (iii) a road in another London borough other than a GLA road or strategic road, and

(6) In subsection (10)—

(a) in paragraph (b), at the end there is inserted “ or strategic roads ”;

(b) in paragraph (c), for “neither GLA roads nor” there is substituted “ not GLA roads, strategic roads or ”.

(7) After subsection (12) there is inserted—

(13) In this section “strategic road” has the meaning given by section 60 of the Traffic Management Act 2004.

Enforcement of certain offences under the Highways Act 1980

Fixed penalty offences under the Highways Act 1980

64

(1) After section 314 of the 1980 Act (offences by body corporate) there is inserted—

(314A) (1) A fixed penalty offence is any offence under Part 9 which— (a) is listed in the first column in Schedule 22A (and described in general terms in the second column), and (b) is prescribed in regulations made by the Secretary of State. (2) Offences listed in that Schedule which are committed by virtue of section 314 (offences committed by bodies corporate, etc.) are not fixed penalty offences. (3) Schedule 22B (which makes provision about fixed penalties for fixed penalty offences) has effect. (4) Regulations under subsection (1)(b) may— (a) make provision for Greater London different from that made for the rest of England; (b) make consequential provision (including provision disapplying sections 8 to 11 of, and Schedule 2 to, the London Local Authorities and Transport for London Act 2003 in relation to any offence prescribed in such regulations); (c) make transitional provision.

(2) In section 322(5) of that Act (service of notices etc.), after paragraph (a) there is inserted—

(ab) a notice under Schedule 22B to this Act;

(3) After Schedule 22 to that Act there is inserted Schedules 22A and 22B as set out in Schedules 5 and 6 to this Act.

(4) In the New Roads and Street Works Act 1991 (c. 22), in section 97 (service of notices etc.) after subsection (2) there is inserted—

(3) References in this section to notices authorised to be given or served for the purposes of this Part include a reference to notices under Schedule 22B to the Highways Act 1980 (fixed penalties for certain offences under that Act).

(5) In the London Local Authorities and Transport for London Act 2003 (c. iii), in section 11 (fixed penalties: reserve powers of Secretary of State) after subsection (6) there is inserted—

(7) The Secretary of State may make regulations increasing the level of fixed penalty under this Act in respect of an offence listed in Schedule 22A to the Highways Act 1980 (as well as Schedule 4 to this Act). (8) While regulations under subsection (7) are in force in respect of an offence, the borough councils and Transport for London may not set the level of fixed penalty in respect of that offence below that set by the regulations.

Records of objects placed in highway

Duty of local highway authority to keep records of objects in highway

65

(1) The appropriate national authority may by regulations made by statutory instrument require a strategic highways company or a local highway authority to make and keep a record of the location of any object of a description specified in the regulations which has been placed by that company or that authority in a street.

(2) Regulations under this section may include provision—

(a) as to the form in which a record is to be made;

(b) as to supplementary information to be included in a record;

(3) The reference in subsection (1) to an object placed in a street includes an object placed under, over, across, along or upon a street.

(4) In this section—

“appropriate national authority” means—the Secretary of State, in relation to strategic highways companies or local highway authorities in England;the National Assembly for Wales, in relation to local highway authorities in Wales;

“ local highway authority ” has the same meaning as in the 1980 Act;

“ strategic highways company ” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015;

“street” has the same meaning as in Part 3 of the New Roads and Street Works Act 1991.

(5) A statutory instrument containing regulations under this section made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

Skips, scaffolding, building materials and excavations: charges for occupation of highway etc.

Builders' skips: charge for occupation of highway for unreasonable period

66

For section 140A of the 1980 Act there is substituted—

(140A) (1) The Secretary of State may make provision by regulations requiring the owner of a builder's skip deposited on a highway maintainable at the public expense to pay a charge to the highway authority where the period for which the skip remains in the highway exceeds— (a) such period as may be prescribed, and (b) a reasonable period. (2) For this purpose “a reasonable period” means such period as is agreed by the authority and the owner of the skip to be reasonable or, in default of such agreement, is determined by arbitration to be reasonable in the circumstances. (3) In default of agreement, the authority's view as to what is a reasonable period shall be acted upon pending the decision of the arbitrator. (4) The regulations may prescribe exemptions from the requirement to pay charges. (5) The regulations may provide— (a) that in prescribed circumstances (including in particular where any person makes an application for permission under section 139) the owner of the skip shall give to the authority, in such manner and within such period as may be prescribed, notice containing an estimate of the likely duration of the occupation of the highway, and (b) that the period stated in the notice shall be taken to be agreed by the authority to be reasonable unless the authority give notice, in such manner and within such period as may be prescribed, objecting to the estimate. (6) The regulations may also provide— (a) that in prescribed circumstances the owner of the skip shall give to the authority, in such manner and within such period as may be prescribed, notice containing a revised estimate of the likely duration of the occupation of the highway, and (b) that upon the notice being given any previous agreement to or determination of a reasonable period ceases to have effect, and the period stated in the notice shall be taken to be agreed by the authority to be reasonable unless the authority give notice, in such manner and within such period as may be prescribed, objecting to the revised estimate. (7) The amount of the charge shall be determined in such manner as may be prescribed by reference to the period for which the highway is occupied by the skip. (8) The regulations may prescribe different rates of charge according to— (a) the extent to which the skip occupies the highway; (b) the place and time of the occupation; (c) such other factors as appear to the Secretary of State to be relevant. (9) The regulations may provide— (a) that the authority are to set the rate of charge, up to a prescribed maximum, and (b) that different rates of charge may be set according to such factors as the authority consider relevant. (10) The regulations may make provision for the determination of the duration of the occupation of the highway for the purposes of the regulations. (11) And they may, in particular, make provision for an occupation to be treated as beginning or ending on the giving of, or as stated in, a notice given by the owner of the skip to the authority, in the prescribed manner, in accordance with a requirement imposed by the regulations. (12) The regulations may make provision requiring the owner of the skip to provide the authority, in such manner and within such period as may be prescribed, with such information as the authority may specify in a notice to that person, being information required for the purposes of— (a) determining whether a charge is payable by him; (b) calculating the amount of any charge payable by him. (13) The regulations may make provision as to the time and manner of making payment of charges. (14) The regulations shall provide that a highway authority may reduce the amount, or waive payment, of a charge— (a) in any particular case, (b) in such classes of case as they may decide or as may be prescribed, or (c) in all cases or in all cases other than a particular case or such class of case as they may decide or as may be prescribed. (15) The regulations may make provision as to— (a) the application by local highway authorities of sums paid by way of charges, and (b) the keeping of accounts, and the preparation and publication of statements of account, relating to sums paid by way of charges. (16) The regulations may create in respect of any failure to give a notice, or to provide information, required by the regulations a criminal offence triable summarily and punishable with a fine not exceeding level 4 on the standard scale. (17) The regulations may provide that where a skip is the subject of a prescribed description of hiring agreement or hire purchase agreement, the person in possession of the skip under the agreement is for the purposes of the regulations to be treated as the owner of the skip. (18) The regulations may make provision about their application to a series of deposits of skips. (19) And they may, in particular, provide that a series of deposits of skips is to be treated as a single deposit of a skip— (a) beginning at the time the first in the series was deposited, and (b) ending at the time the last in the series was removed. (20) In this section— - “builder's skip“ has the meaning given by section 139(11); - “prescribed” means prescribed by the Secretary of State by regulations, which may make different provision for different cases.

Builders' skips: charge determined by reference to duration of occupation of highway

67

After section 140A of the 1980 Act there is inserted—

(140B) (1) The Secretary of State may make provision by regulations requiring the owner of a builder's skip deposited on a highway maintainable at the public expense to pay to the highway authority a charge determined, in the prescribed manner, by reference to the period for which the highway is occupied by the skip. (2) The regulations shall not require charges to be paid to a local highway authority unless the Secretary of State has, by order, approved the authority for the purposes of the regulations. (3) The regulations may require disputes of any prescribed description to be referred to an arbitrator appointed in accordance with the regulations. (4) Subsections (4) and (8) to (20) of section 140A apply in relation to regulations under subsection (1) of this section as they apply in relation to regulations under subsection (1) of that section.

Scaffolding, building materials and excavations: charge for occupation of highway for unreasonable period

68

For section 171A of the 1980 Act there is substituted—

(171A) (1) The Secretary of State may make provision by regulations requiring a person who— (a) erects a relevant structure on or over a highway maintainable at the public expense, (b) deposits building materials, rubbish or other things in such a highway, or (c) makes a temporary excavation in such a highway, to pay a charge to the highway authority in the circumstances set out in subsection (3). (2) The reference in subsection (1)(a) to the erection of a relevant structure is a reference to the erection, in connection with any building or demolition work or the alteration, repair, maintenance or cleaning of any building, of any scaffolding or other structure that obstructs the highway. (3) The circumstances are that the period (in this section, the “relevant period”) for which— (a) a relevant structure is on or over the highway, (b) things are deposited in the highway, or (as the case may be) (c) there is an excavation in the highway, exceeds both the prescribed period and a reasonable period. (4) For this purpose “a reasonable period” means such period as is agreed by the authority and the person to be reasonable or, in default of such agreement, is determined by arbitration to be reasonable in the circumstances. (5) In default of agreement, the authority's view as to what is a reasonable period shall be acted upon pending the decision of the arbitrator. (6) The regulations may prescribe exemptions from the requirement to pay charges. (7) The regulations may provide— (a) that in prescribed circumstances (including in particular where an application is made for a licence under section 169 or consent under section 171) a person who intends to do or who does an activity mentioned in subsection (1)(a) to (c) shall give to the authority, in such manner and within such period as may be prescribed, notice containing an estimate of the likely duration of the relevant period, and (b) that the period stated in the notice shall be taken to be agreed by the authority to be reasonable unless the authority give notice, in such manner and within such period as may be prescribed, objecting to the estimate. (8) The regulations may also provide— (a) that in prescribed circumstances a person who has given a notice of a type mentioned in subsection (7) shall give to the authority, in such manner and within such period as may be prescribed, notice containing a revised estimate of the likely duration of the relevant period, and (b) that upon the notice being given any previous agreement to or determination of a reasonable period ceases to have effect, and the period stated in the notice shall be taken to be agreed by the authority to be reasonable unless the authority give notice, in such manner and within such period as may be prescribed, objecting to the revised estimate. (9) The amount of the charge shall be determined in such manner as may be prescribed by reference to the relevant period. (10) The regulations may prescribe different rates of charge according to— (a) the extent to which the highway is affected by the structure, things deposited or excavation; (b) the place and time at which the highway is so affected; (c) such other factors as appear to the Secretary of State to be relevant. (11) The regulations may provide— (a) that the authority are to set the rate of charge, up to a prescribed maximum, and (b) that different rates of charge may be set according to such factors as the authority consider relevant. (12) The regulations may make provision for the determination of the duration of the relevant period for the purposes of the regulations. (13) And they may, in particular, make provision for the relevant period to be treated as beginning or ending on the giving of, or as stated in, a notice given by the person mentioned in subsection (1) to the authority, in the prescribed manner, in accordance with a requirement imposed by the regulations. (14) The regulations may make provision requiring a person who does an activity mentioned in subsection (1)(a) to (c) to provide the authority, in such manner and within such period as may be prescribed, with such information as the authority may specify in a notice to that person, being information required for the purposes of— (a) determining whether a charge is payable by him; (b) calculating the amount of any charge payable by him. (15) The regulations may make provision as to the time and manner of making payment of charges. (16) The regulations shall provide that a highway authority may reduce the amount, or waive payment, of a charge— (a) in any particular case, (b) in such classes of case as they may decide or as may be prescribed, or (c) in all cases or in all cases other than a particular case or such class of case as they may decide or as may be prescribed. (17) The regulations may make provision as to— (a) the application by local highway authorities of sums paid by way of charges, and (b) the keeping of accounts, and the preparation and publication of statements of account, relating to sums paid by way of charges. (18) The regulations may create in respect of any failure to give a notice, or to provide information, required by the regulations a criminal offence triable summarily and punishable with a fine not exceeding level 4 on the standard scale. (19) The regulations may make provision about their application to a series of deposits of things. (20) And they may, in particular, provide that a series of deposits of things is to be treated as a single deposit of things— (a) beginning at the time the first in the series was deposited, and (b) ending at the time the last in the series was removed. (21) The regulations may make provision corresponding to that mentioned in subsections (19) and (20) in relation to the erection of relevant structures and the making of excavations. (22) In this section “prescribed” means prescribed by the Secretary of State by regulations, which may make different provision for different cases.

Scaffolding, building materials and excavations: charge determined by reference to duration of occupation of highway

69

After section 171A of the 1980 Act there is inserted—

(171B) (1) The Secretary of State may make provision by regulations requiring a person who— (a) erects a relevant structure on or over a highway maintainable at the public expense, (b) deposits building materials, rubbish or other things in such a highway, or (c) makes a temporary excavation in such a highway, to pay a charge to the highway authority. (2) The reference in subsection (1)(a) to the erection of a relevant structure is a reference to the erection, in connection with any building or demolition work or the alteration, repair, maintenance or cleaning of any building, of any scaffolding or other structure that obstructs the highway. (3) The charge shall be determined in the prescribed manner, by reference to the period (in this section, the “relevant period”) for which— (a) a relevant structure is on or over the highway, (b) things are deposited in the highway, or (as the case may be) (c) there is an excavation in the highway. (4) The regulations shall not require charges to be paid to a local highway authority unless the Secretary of State has, by order, approved the authority for the purposes of the regulations. (5) The regulations may require disputes of any prescribed description to be referred to an arbitrator appointed in accordance with the regulations. (6) Subsections (6) and (10) to (22) of section 171A apply in relation to regulations under subsection (1) of this section as they apply in relation to regulations under subsection (1) of that section.

Sections 66 to 69: supplementary

70

(1) In section 139 of the 1980 Act, in subsection (11) for “, section 140 and section 140A” there is substituted “ and section 140 ”.

(2) After section 140B of that Act there is inserted—

(140C) Nothing shall be taken to prevent the imposition of charges by both regulations under section 140A and regulations under section 140B in respect of the same builder's skip at the same time.

(3) After section 171B of that Act there is inserted—

(171C) Nothing shall be taken to prevent the imposition of charges by both regulations under section 171A and regulations under section 171B in respect of the same structure, things or excavation at the same time.

(4) In section 325 of that Act (provisions as to regulations), in subsection (2A)—

(a) in paragraph (a), after “140A” there is inserted “ or 140B ”;

(b) for paragraphs (b) and (c) there is substituted—

(b) the first regulations for the purposes of section 171A or 171B as they apply in relation to the erection of relevant structures, or (c) the first regulations for the purposes of section 171A or 171B as they apply in relation to the deposit of building materials, rubbish or other things and the making of temporary excavations,

Guidance as to safety precautions

Guidance to local highway authorities as to safety precautions

71

In section 174 of the 1980 Act (precautions to be taken by persons executing works in streets), after subsection (1) there is inserted—

(1A) The Secretary of State may give guidance to local highway authorities as to the discharge by them of their obligations under subsection (1)(a) and (b) where they are executing works for road purposes. (1B) A local highway authority must in executing any works for road purposes have regard to any guidance given under subsection (1A). (1C) In subsections (1A) and (1B) “works for road purposes” has the same meaning as in Part 3 of the New Roads and Street Works Act 1991.

Part 6 — Civil enforcement of traffic contraventions

Civil penalties for road traffic contraventions

72

(1) The appropriate national authority may make provision by regulations for or in connection with—

(a) the imposition of penalty charges in respect of road traffic contraventions that—

(i) are subject to civil enforcement (see section 73), and

(ii) are committed in an area that is a civil enforcement area for contraventions of that description (see section 74), and

(b) the payment of such penalty charges.

(2) The regulations shall include provision specifying the person or persons by whom a penalty charge in respect of a contravention is to be paid (who may be the owner of the vehicle involved in the contravention, its driver at the time of the contravention or any other appropriate person).

(3) The regulations shall include provision in respect of any description of conduct for which a penalty charge may be imposed—

(a) prohibiting criminal proceedings or the issuing of a fixed penalty notice in respect of conduct of that description, or

(b) securing that a penalty charge is not required to be paid, or is refunded, where the conduct is the subject of criminal proceedings or of a fixed penalty notice.

(4) The regulations may include provision prohibiting the imposition of a penalty charge except on the basis of—

(a) a record produced by an approved device, or

(b) information given by a civil enforcement officer as to conduct observed by him.

(5) The regulations may—

(a) specify exemptions from penalty charges, and

(b) make provision for discounts or surcharges, or both.

Contraventions subject to civil enforcement

73

(1) Schedule 7 specifies the road traffic contraventions that are subject to civil enforcement.

(2) These are—

(a) parking contraventions (see Part 1 of the Schedule);

(b) bus lane contraventions (see Part 2 of the Schedule);

(d) moving traffic contraventions (see Part 4 of the Schedule).

(3) Regulations under this Part of this Act may make different provision in relation to different descriptions of contravention.

(4) The appropriate national authority may by regulations make such consequential amendment of Schedule 7 as appears to the authority to be required in consequence of the amendment, replacement or revocation of any provision of subordinate legislation referred to in that Schedule.

Civil enforcement areas

74

(1) Schedule 8 makes provision—

(a) as to the areas that are civil enforcement areas for the purposes of different descriptions of road traffic contravention, and

(b) as to the meaning of “enforcement authority” in relation to road traffic contraventions committed in a civil enforcement area.

(2) In that Schedule—

Part 1 makes provision for Greater London, and

Part 2 makes provision for the rest of England and Wales.

Power to require authority to apply for civil enforcement powers

75

(1) The appropriate national authority may by notice in writing under this section (a “notice to apply”) require a local authority to make an application under paragraph 8 of Schedule 8 for an order designating the whole or part of the local authority's area as a civil enforcement area for parking contraventions.

(2) The notice must specify—

(a) the date by which the local authority is to make the application (“the application date”),

(b) the latest date by which the application must request that the order comes into force (“the in-force date”), and

(3) Before giving a notice to apply the appropriate national authority must inform the local authority concerned and the appropriate chief officer of police, in writing, of its intention to give such a notice, indicating the application date, the in-force date and the area it intends to specify in the notice.

(4) The local authority may make representations to the appropriate national authority to the effect—

(a) that a notice to apply should not be given to the authority, or

(b) that the notice should specify a different application date, a different in-force date, or a different area in respect of which the application is to be made.

(5) In considering whether to give a notice to apply the appropriate national authority must have regard to the local authority's representations and take into account—

(a) the administrative burden of creating or extending a civil enforcement area and of enforcing parking contraventions within such an area,

(b) the financial circumstances of the local authority concerned and the likely expenses and receipts in connection with the proposed civil enforcement area,

(d) any other factors appearing to the appropriate national authority to be relevant.

(6) After a notice to apply has been given, it may be modified by agreement between the appropriate national authority and the local authority concerned.

Civil enforcement officers

76

(1) A local authority may provide for the enforcement of road traffic contraventions for which it is the enforcement authority by individuals to be known as civil enforcement officers.

(2) A civil enforcement officer must be—

(a) an individual employed by the authority, or

(b) where the authority have made arrangements with any person for the purposes of this section, an individual employed by that person to act as a civil enforcement officer.

(3) Civil enforcement officers—

(a) when exercising specified functions must wear such uniform as may be determined by the enforcement authority in accordance with guidelines issued by the appropriate national authority, and

(b) must not exercise any of those functions when not in uniform.

(4) In subsection (3)(a) “specified” means specified by regulations made by the appropriate national authority.

(5) A parking attendant appointed under section 63A of the Road Traffic Regulation Act 1984 (c. 27) by a local authority that is an enforcement authority—

(a) is a civil enforcement officer in relation to parking contraventions for which that authority is the enforcement authority, and

(b) may be appointed a civil enforcement officer in relation to other road traffic contraventions for which they are the enforcement authority.

(6) In this section “ local authority ” includes a non-metropolitan district council.

Setting the level of penalty charges

77

(1) Schedule 9 provides for the setting of the levels of penalty charges and certain other charges.

(2) In that Schedule—

Part 1 specifies the charges to which the Schedule applies,

Part 2 provides for charges applicable in Greater London, and

Part 3 provides for charges applicable outside Greater London.

Notification, adjudication and enforcement

Notification of penalty charge

78

(1) The Lord Chancellor may make regulations for and in connection with the notification of penalty charges.

(2) The regulations may provide for notification of a penalty charge to be given in respect of a stationary vehicle—

(a) by a notice affixed to the vehicle,

(b) by a notice given to a person appearing to be in charge of the vehicle, or

(3) The regulations may provide for notification of a penalty charge otherwise than in respect of a stationary vehicle to be given in such manner as may be specified by the regulations.

(4) The regulations may not confer power to stop vehicles.

(5) The regulations may provide that, if it appears to the enforcement authority that both the operator of a vehicle and the person in control of the vehicle are liable to a penalty charge, they may give notice to the operator requiring him to provide them with the name and address of the person who was in control of the vehicle at the time of the alleged contravention.

(6) The regulations may include provision creating criminal offences to be triable summarily and punishable with a fine not exceeding level 5 on the standard scale or such lower amount as may be specified.

Immobilisation of vehicle where penalty charge payable

79

(1) The appropriate national authority may make provision by regulations for or in connection with—

(a) the fixing of an immobilisation device to a stationary vehicle found in any place where there is reason to believe the vehicle has been permitted to remain at rest there in circumstances in which a penalty charge has become payable, and

(b) the release of the vehicle from the device only on payment of—

(i) the penalty charge mentioned in paragraph (a),

(ii) such unpaid earlier penalty charges relating to the vehicle as may be specified in the regulations, and

(iii) the charge payable in respect of the release.

(2) The regulations may make provision authorising—

(a) the fixing of an immobilisation device to the vehicle while it remains in the place where it was found, or

(b) the moving of the vehicle to another place and the fixing of an immobilisation device to it in that other place,

and providing for any power of removal that was exercisable in relation to the vehicle before it was so moved to continue to be exercisable in relation to the vehicle while it remains in the place to which it was so moved.

(3) The regulations may provide—

(a) that on any occasion when an immobilisation device is fixed to a vehicle in accordance with the regulations, the person fixing the device shall also fix to the vehicle a notice—

(i) indicating that such a device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion unless it has been released from the device;

(ii) specifying the steps to be taken in order to secure its release; and

(iii) giving such other information as may be specified by the regulations; and

(b) that a notice fixed to a vehicle in accordance with the regulations shall not be removed or interfered with except by or under the authority of—

(i) the owner or person in charge of the vehicle, or

(ii) the enforcement authority,

and that a person contravening that prohibition commits an offence and is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(4) The regulations may also provide—

(a) that a vehicle to which an immobilisation device has been fixed in accordance with the regulations may only be released from the device by or under the direction of a person authorised by the enforcement authority; and

(b) that a person who, without being authorised to do so in accordance with the regulations, removes or attempts to remove an immobilisation device fixed to a vehicle in accordance with the regulations commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) The regulations shall provide—

(a) that an immobilisation device must not be fixed to a vehicle if a current disabled person's badge is displayed on the vehicle; and

(b) that if, in a case in which an immobilisation device would have been fixed to a vehicle but for paragraph (a), the vehicle was not being used—

(i) in accordance with regulations under section 21 of the Chronically Sick and Disabled Persons Act 1970 (c. 44), and

(ii) in circumstances falling within section 117(1)(b) of the Road Traffic Regulation Act 1984 (c. 27) (use where a disabled person's concession would be available),

the person in charge of the vehicle commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5A) The regulations shall provide—

(a) that an immobilisation device must not be fixed to a vehicle if a current recognised badge is displayed on the vehicle; and

(b) that if, in a case in which an immobilisation device would have been fixed to a vehicle but for paragraph (a), the vehicle was not being used—

(i) in accordance with regulations under section 21A of the Chronically Sick and Disabled Persons Act 1970, and

(ii) in circumstances falling within section 117(1A)(b) of the Road Traffic Regulation Act 1984 (use where a disabled person’s concession would be available by virtue of displaying a non-GB badge),

the person in charge of the vehicle commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) The regulations shall also provide that an immobilisation device must not be fixed to a vehicle in a parking place in respect of a contravention consisting of, or arising out of, a failure—

(a) to pay a parking charge with respect to the vehicle,

(b) properly to display a ticket or parking device, or

until 15 minutes have elapsed since the giving of a notification of a penalty charge in respect of the contravention.

(7) In this section—

“disabled person's badge“ has the same meaning as in section 142(1) of the Road Traffic Regulation Act 1984;

“parking device” means a parking device within the meaning of section 35(3B) or 51(4) of that Act; ...

“parking place” means—a parking place designated by an order under section 45 of that Act, oran off-street parking place provided under section 32(1)(a) or 57(1)(b), or under a letting or arrangement made under section 33(4), of that Act;

"recognised badge" has the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970.

Representations and appeals

80

(1) The Lord Chancellor may make provision by regulations entitling a person—

(a) who is or may be liable to pay a penalty charge, or

(b) who secures the release of a vehicle from an immobilisation device on payment of an amount in accordance with regulations under section 79,

to make representations to the enforcement authority and to appeal to an adjudicator if his representations are not accepted.

(2) The regulations may make such provision in connection with the rights conferred as appears to the Lord Chancellor to be appropriate, and may in particular make provision—

(a) requiring the authority to give a person notice of the rights conferred by the regulations,

(b) as to the grounds on which, and time within which, representations may be made,

(d) as to the duties of the authority when representations are received,

(e) as to the circumstances in which there is a right of appeal to an adjudicator,

(f) generally as to the making, determination and effect of, and procedure in connection with, appeals, and

(g) enabling an adjudicator to review any decision made on, or in the course of, an appeal.

(3) The regulations may provide that, as respects a ground on which representations may be made, the adjudicator's function on an appeal is to decide whether to direct the enforcement authority to consider or re-consider (as the case may be) any representations relating to that ground.

(4) The regulations may include provision—

(a) authorising an adjudicator to require a person—

(i) to attend to give evidence at the hearing of an appeal, and

(ii) to produce any documents in his custody or under his control relating to any matter relevant for the purposes of the appeal, and

(b) making it a criminal offence triable summarily and punishable with a fine not exceeding level 2 on the standard scale to fail to comply with such a requirement.

(5) The regulations may provide that a person who makes a representation that is false in a material particular, and does so recklessly or knowing it to be false, commits an offence triable summarily and punishable with a fine not exceeding level 5 on the standard scale.

(6) The regulations may include provision authorising an adjudicator to make an order for the payment of costs and expenses by a party to an appeal in such circumstances as may be specified.

Adjudicators

81

(1) The Lord Chancellor may make provision by regulations for and in connection with the appointment of adjudicators for the purposes of this Part.

(2) The following provisions apply in relation to the office of adjudicator—

(a) to be qualified for appointment as an adjudicator, a person must satisfy the judicial-appointment eligibility condition on a 5-year basis;

(b) an adjudicator is appointed for a term, not exceeding five years, specified in his instrument of appointment;

(d) an adjudicator may be removed from office only for misconduct or on the ground that he is unable or unfit to discharge his functions, but otherwise holds and vacates office in accordance with the terms of his appointment.

(3) The regulations shall provide—

(a) for adjudicators to be appointed by the relevant enforcement authorities on such terms as those authorities may decide, and

(b) for the consent of the Lord Chancellor to be required for any decision by those authorities to appoint a person as an adjudicator;

(c) for the consent of the Lord Chancellor and the Lord Chief Justice to be required for any decision by those authorities—

(i) not to re-appoint a person as an adjudicator, or

(ii) to remove a person from his office as an adjudicator.

(3A) The regulations may provide for the Lord Chief Justice to nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise any of his functions under the regulations.

(4) The relevant enforcement authorities shall—

(a) provide, or make arrangements for the provision of, accommodation and administrative staff and facilities for adjudicators, and

(b) determine the places where adjudicators are to sit,

and shall defray all the expenses of the adjudication process and, in particular, expenses in relation to the remuneration of adjudicators.

(5) The regulations shall provide—

(a) for each adjudicator to make an annual report to the relevant enforcement authorities in accordance with such requirements as may be imposed by those authorities, and

(b) for those authorities to make and publish an annual report to the appropriate national authority on the discharge by the adjudicators of their functions.

(6) In this section “the relevant enforcement authorities” means the authorities who are enforcement authorities for the purposes of this Part in relation to road traffic contraventions (of any description).

(7) The regulations may provide for the functions of the relevant enforcement authorities under this section—

(a) to be discharged separately for Greater London, England (outside Greater London) and Wales;

(b) to be discharged by means of arrangements under section 101 of the Local Government Act 1972 (c. 70) (arrangements for discharge of functions by local authorities) or in such other way as the regulations may provide.

(8) The regulations may make provision—

(a) for treating adjudicators appointed before the commencement of this Part under section 73 of the Road Traffic Act 1991 (c. 40), or under regulations made under section 144 of the Transport Act 2000 (c. 38), as if they had been appointed under this section;

(b) for continuing in force for the purposes of this section any arrangements in force immediately before the commencement of this Part for the discharge of functions corresponding to the functions of relevant enforcement authorities under this section.

(9) The expenses of the relevant enforcement authorities under this section shall be defrayed by them in such proportions—

(a) as they may decide, or

(b) in default of a decision by them, as may be determined in accordance with regulations made—

(i) by the Secretary of State, or

(ii) if the functions of those authorities are discharged separately for Wales, by the appropriate national authority.

(10) Regulations under subsection (9)(b) may, in particular, provide—

(a) for the matter to be determined by an arbitrator appointed by a body specified in the regulations, and

(b) for the giving of directions by the Secretary of State or, as the case may be, the appropriate national authority in order to secure that the matter is referred to arbitration.

Enforcement of penalty charges

82

(1) The Lord Chancellor may make regulations for or in connection with the enforcement of penalty charges.

(2) The regulations may include provision—

(a) creating criminal offences to be triable summarily and punishable with a fine not exceeding level 5 on the standard scale or such lower amount as may be specified;

(b) for amounts payable under or by virtue of any provision of this Part to be recoverable, if the county court so orders, as if they were payable under a county court order.

An amount to which paragraph (b) applies that is so recoverable is referred to below as a “traffic contravention debt”.

(3) The Lord Chancellor may by order make provision—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) as to the requirements that must be satisfied before a person takes any other step of a kind specified in the order, with a view to enforcing the payment of—

(i) a traffic contravention debt, or

(ii) such class or classes of traffic contravention debts as may be so specified.

(4) Any such order may make such incidental and supplementary provision (including modifications of any enactment other than this Act) as the Lord Chancellor considers appropriate in consequence of the provision made by the order.

(5) Any order in force immediately before the commencement of this Part under section 78(2) of the Road Traffic Act 1991 (c. 40) shall have effect after that commencement as if made under the corresponding provisions of this section and shall apply in relation to the enforcement of any traffic contravention debt.

Certificated bailiffs

83

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Additional contraventions in special enforcement areas

Designation of special enforcement areas

84

Schedule 10 provides for the designation of areas (“special enforcement areas”) where the following sections apply—

section 85 (prohibition of double parking etc.);

section 86 (prohibition of parking at dropped footways etc.).

Prohibition of double parking etc.

85

(1) In a special enforcement area a vehicle must not be parked on the carriageway in such a way that no part of the vehicle is within 50 centimetres of the edge of the carriageway.

This is subject to the following exceptions.

(2) The first exception is where the vehicle is parked wholly within a designated parking place or any other part of the carriageway where parking is specifically authorised.

A “designated parking place” means a parking place designated by order under section 6, 9, 32(1)(b) or 45 of the Road Traffic Regulation Act 1984 (c. 27).

(3) The second exception is where the vehicle is being used —

(a) for fire brigade or police purposes, or

(b) for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service.

“An NHS ambulance service” means—an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services;an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services;the Scottish Ambulance Service Board.

(4) The third exception is where—

(a) the vehicle is being used for the purposes of delivering goods to, or collecting goods from, any premises, or is being loaded from or unloaded to any premises,

(b) the delivery, collection, loading or unloading cannot reasonably be carried out in relation to those premises without the vehicle being parked as mentioned in subsection (1), and

(5) The fourth exception is where—

(a) the vehicle is being used in connection with any of the following—

(i) undertaking any building operation, demolition or excavation,

(ii) the collection of waste by a local authority,

(iii) removing an obstruction to traffic,

(iv) undertaking works in relation to a road, a traffic sign or road lighting, or

(v) undertaking works in relation to a sewer or water main or in relation to the supply of gas, electricity, water or communications services,

(b) it cannot be so used without being parked as mentioned in subsection (1), and

(6) In this section “carriageway” has the meaning given by section 329(1) of the Highways Act 1980 (c. 66).

(7) References in this section to parking include waiting, but do not include stopping where—

(a) the driver is prevented from proceeding by circumstances beyond his control or it is necessary for him to stop to avoid an accident, or

(b) the vehicle is stopped, for no longer than is necessary, for the purpose of allowing people to board or alight from it.

(8) The prohibition in this section is enforceable as if imposed—

(a) in Greater London, by an order under section 6 of the Road Traffic Regulation Act 1984;

(b) elsewhere in England and Wales, by an order under section 1 of that Act.

(9) In this section “ local authority ” includes a non-metropolitan district council.

Prohibition of parking at dropped footways etc.

86

(1) In a special enforcement area a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where—

(a) the footway, cycle track or verge has been lowered to meet the level of the carriageway for the purpose of—

(i) assisting pedestrians crossing the carriageway,

(ii) assisting cyclists entering or leaving the carriageway, or

(iii) assisting vehicles entering or leaving the carriageway across the footway, cycle track or verge; or

(b) the carriageway has, for a purpose within paragraph (a)(i) to (iii), been raised to meet the level of the footway, cycle track or verge.

This is subject to the following exceptions.

(2) The first exception is where the vehicle is parked wholly within a designated parking place or any other part of the carriageway where parking is specifically authorised.

A “designated parking place” means a parking place designated by order under section 6, 9, 32(1)(b) or 45 of the Road Traffic Regulation Act 1984 (c. 27).

(3) The second exception is where the vehicle is parked outside residential premises by or with the consent (but not consent given for reward) of the occupier of the premises.

This exception does not apply in the case of a shared driveway.

(4) The third exception is where the vehicle is being used —

(a) for fire brigade or police purposes, or

(b) for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service.

“An NHS ambulance service” means—an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services;an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services;the Scottish Ambulance Service Board.

(5) The fourth exception is where—

(a) the vehicle is being used for the purposes of delivering goods to, or collecting goods from, any premises, or is being loaded from or unloaded to any premises,

(b) the delivery, collection, loading or unloading cannot reasonably be carried out in relation to those premises without the vehicle being parked as mentioned in subsection (1), and

(6) The fifth exception is where—

(a) the vehicle is being used in connection with any of the following—

(i) undertaking any building operation, demolition or excavation,

(ii) the collection of waste by a local authority,

(iii) removing an obstruction to traffic,

(iv) undertaking works in relation to a road, a traffic sign or road lighting, or

(v) undertaking works in relation to a sewer or water main or in relation to the supply of gas, electricity, water or communications services,

(b) it cannot be so used without being parked as mentioned in subsection (1), and

(7) In this section “carriageway”, “cycle track” and “footway” have the meanings given by section 329(1) of the Highways Act 1980 (c. 66).

(8) References in this section to parking include waiting, but do not include stopping where—

(a) the driver is prevented from proceeding by circumstances beyond his control or it is necessary for him to stop to avoid an accident, or

(b) the vehicle is stopped, for no longer than is necessary, for the purpose of allowing people to board or alight from it.

(9) The prohibition in this section is enforceable as if imposed—

(a) in Greater London, by an order under section 6 of the Road Traffic Regulation Act 1984 (c. 27),

(b) elsewhere in England and Wales, by an order under section 1 of that Act.

(10) In this section “ local authority ” includes a non-metropolitan district council.

Supplementary

Guidance to local authorities

87

(1) The appropriate national authority may publish guidance to local authorities about any matter relating to their functions in connection with the civil enforcement of traffic contraventions.

(2) In exercising those functions a local authority must have regard to any such guidance.

(3) In this section “ local authority ” includes a non-metropolitan district council.

Financial provisions

88

(1) The appropriate national authority may make provision by regulations—

(a) requiring the keeping of accounts, and the preparation and publication of statements of account, of the income and expenditure of enforcement authorities in connection with their functions under this Part, and

(b) as to the purposes for which any surpluses may be applied.

(2) The regulations may provide—

(a) for separate accounts to be kept in respect of an authority's functions in relation to different descriptions of contravention, and

(b) for accounts to be kept in respect of an authority's income and expenditure in respect of functions under this Part and such other functions as may be specified in the regulations.

(3) The regulations may provide that section 55 of the Road Traffic Regulation Act 1984 (financial provisions relating to income and expenditure from parking places) applies in relation to income and expenditure of enforcement authorities in connection with their functions under this Part of this Act in relation to parking contraventions, subject to such modifications as may be specified in the regulations.

(4) The regulations may provide for carrying forward a surplus arising before the commencement of this Part on an account kept under—

(a) section 55 of the Road Traffic Regulation Act 1984 as modified by an order under Schedule 3 to the Road Traffic Act 1991 (c. 40) (parking contraventions),

(b) regulations under section 144 of the Transport Act 2000 (c. 38) (bus lane contraventions), or

(c) Schedule 2 to the London Local Authorities and Transport for London Act 2003 (c. iii) (London lorry ban contraventions or moving traffic contraventions).

Regulations and orders

89

(1) Regulations and orders under this Part may make provision for Greater London different from that made for the rest of England.

(2) Regulations and orders under this Part made by the Lord Chancellor may make provision for Wales different from that made for England.

(3) Regulations and orders under this Part may contain incidental, consequential or transitional provision or savings.

(4) Regulations and orders under this Part made by a Minister of the Crown or by the National Assembly for Wales shall be made by statutory instrument.

(5) Regulations under section 80 may not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament.

(6) Subject to that, a statutory instrument containing regulations or an order under this Part made by a Minister of the Crown is subject to annulment in pursuance of a resolution of either House of Parliament.

Application to Crown and visiting forces

90

(1) This Part does not apply in relation to a vehicle that—

(a) at the relevant time is used or appropriated for use for naval, military or airforce purposes, or

(b) belongs to any visiting forces (within the meaning of the Visiting Forces Act 1952 (c. 67)) or is at the relevant time used or appropriated for use by any such forces.

(2) The provisions of this Part apply to—

(a) vehicles in the public service of the Crown that are required to be registered under the Vehicle Excise and Registration Act 1994 (c. 22) (other than those exempted by subsection (1)(a) above), and

(b) persons in the public service of the Crown.

(3) This Part does not apply in relation to Crown roads within the meaning of section 131 of the Road Traffic Regulation Act 1984 (c. 27) (application of road traffic enactments to Crown roads) unless applied by order under that section.

Consequential amendments

91

Schedule 11 provides for amendments consequential on the provisions of this Part.

Minor definitions

92

(1) In this Part—

“appropriate national authority” means—as regards England, the Secretary of State, andas regards Wales, the National Assembly for Wales;

“approved device” means a device of a description specified in an order made by the appropriate national authority;

“fixed penalty notice” has the meaning given by section 52(1) of the Road Traffic Offenders Act 1988 (c. 53);

“GLA road” means—a GLA road within the meaning of the Highways Act 1980 (c. 66) (see sections 329(1) and 14D(1) of that Act), ora GLA side road within the meaning of the Road Traffic Regulation Act 1984 (c. 27) (see sections 124A(9) and 142(1) of that Act);

“immobilisation device” has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984;

“local authority” means—as regards England, a county council, a London authority, a metropolitan district council or the Council of the Isles of Scilly,as regards Wales, a county or county borough council;

“London authority” means a London local authority or Transport for London;

“London local authority” means a London borough council or the Common Council of the City of London;

“operator”, in relation to a vehicle, means a person who holds an operator's licence in respect of the vehicle under section 2 of the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23);

“owner”, in relation to a vehicle, means the person by whom the vehicle is kept, which in the case of a vehicle registered under the Vehicle Excise and Registration Act 1994 (c. 22) is presumed (unless the contrary is proved) to be the person in whose name the vehicle is registered;

“penalty charge” means a penalty charge imposed under this Part;

“road” has the same meaning as in the Road Traffic Regulation Act 1984;

“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) (see section 21(1) of that Act);

“traffic sign” has the meaning given by section 64 of the Road Traffic Regulation Act 1984.

(2) Any reference in this Part to contravention of an order, or of provision made by or under an order, includes a failure to comply with the order or provision.

Index of defined expressions

93

In this Part the expressions listed below are defined or otherwise explained by the provisions indicated—

Part 7 — Miscellaneous and General

Power to inspect blue badges

94

(1) Section 21 of the Chronically Sick and Disabled Persons Act 1970 (c. 44) (badges for display on motor vehicles used by disabled persons) is amended as follows.

(2) In subsection (4B) after “a badge” there is inserted “ purporting to be ”.

(3) After subsection (4B) there is inserted—

(4BA) Where it appears to a constable or enforcement officer that there is displayed on any motor vehicle a badge purporting to be of a form prescribed under this section, he may require any person who— (a) is in the vehicle, or (b) appears to have been in, or to be about to get into, the vehicle, to produce the badge for inspection. (4BB) In subsection (4BA) “enforcement officer” means— (a) a traffic warden; (b) a civil enforcement officer (within the meaning of section 76 of the Traffic Management Act 2004); (c) a parking attendant (within the meaning of section 63A of the Road Traffic Regulation Act 1984). (4BC) The power conferred on an enforcement officer by subsection (4BA) is exercisable only for purposes connected with the discharge of his functions in relation to a stationary vehicle. (4BD) A person who without reasonable excuse fails to produce a badge when required to do so under subsection (4BA) shall be guilty of an offence.

(4) In subsection (4C) after “(4B)” there is inserted “ or (4BD) ”.

(5) In section 117 of the Road Traffic Regulation Act 1984 (c. 27) (wrongful use of disabled person's badge), in subsection (1)(a) after “badge” there is inserted “ purporting to be ”.

Application of surplus income from parking places

95

(1) Section 55 of the Road Traffic Regulation Act 1984 (financial provisions relating to income and expenditure of local authority in connection with parking places) is amended as follows.

(2) In subsection (4), for paragraph (d) (purposes for which surplus may be applied if further off-street parking not needed) substitute—

(d) if it appears to the local authority that the provision in their area of further off-street parking accommodation is unnecessary or undesirable, the following purposes— (i) meeting costs incurred, whether by the local authority or by some other person, in the provision or operation of, or of facilities for, public passenger transport services, (ii) the purposes of a highway or road improvement project in the local authority's area, (iii) in the case of a London authority, meeting costs incurred by the authority in respect of the maintenance of roads maintained at the public expense by them, (iv) the purposes of environmental improvement in the local authority's area, (v) in the case of such local authorities as may be prescribed, any other purposes for which the authority may lawfully incur expenditure;

(3) After subsection (4A) insert—

(4B) For the purposes of subsection (4)(d)(iv) “environmental improvement” includes— (a) the reduction of environmental pollution (as defined in the Pollution Prevention and Control Act 1999 (c. 24); see section 1(2) and (3) of that Act); (b) improving or maintaining the appearance or amenity of— (i) a road or land in the vicinity of a road, or (ii) open land or water to which the general public has access; and (c) the provision of outdoor recreational facilities available to the general public without charge. (4C) Regulations for the purposes of subsection (4)(d)(v) above— (a) may prescribe all local authorities, particular authorities or particular descriptions of authority, (b) may make provision by reference to whether the authority or authorities in question have been classified for the purposes of any other enactment as falling or not falling within a particular category, and (c) may make provision for the continued application of that provision, in prescribed cases and to such extent as may be prescribed, where an authority that is prescribed or of a prescribed description ceases to be so.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Wales

96

References in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) to—

(a) the Highways Act 1980 (c. 66),

(b) the Road Traffic Regulation Act 1984 (c. 27), and

are to be treated as references to those Acts as amended by this Act.

Financial provision

97

(1) There shall be paid out of money provided by Parliament—

(a) any expenditure incurred by the Secretary of State in respect of—

(i) traffic officers designated under Part 1 (including expenditure relating to the provision of financial assistance under section 14 or other expenditure relating to the provision of equipment, accommodation or other facilities);

(ii) the establishment and operation of regional centres for the management of traffic on his road network;

(iii) the provision, for purposes connected with the management of traffic on his road network, of information or advice to the public;

(iv) other activities carried out for purposes connected with the management of traffic on his road network;

(b) any other expenditure incurred by the Secretary of State in consequence or by virtue of this Act;

(2) In this section references to the Secretary of State's road network are to the network of roads in England for which he is the traffic authority (within the meaning of the Road Traffic Regulation Act 1984).

Repeals

98

Schedule 12 contains repeals.

Commencement, transitionals and savings

99

(1) The preceding provisions of this Act shall come into force on such day as the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may appoint by order made by statutory instrument.

(2) Different days may be appointed for different purposes.

(3) For the purposes of Part 6 (civil enforcement of road traffic contraventions), and related repeals, different days may be appointed for different areas.

(4) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order made by statutory instrument make transitional provision or savings in connection with the coming into force of any provision of this Act.

Short title and extent

100

(1) This Act may be cited as the Traffic Management Act 2004.

(2) This Act extends to England and Wales only.

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

SCHEDULE 5

SCHEDULE 6

SCHEDULE 7

Part 1 — Parking contraventions

Parking contraventions

1

References in this Part of this Act to a parking contravention shall be 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—

(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

(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

(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 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 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 loading or unloading, or delivering or collecting);

(c) an offence under section 25(5) of the Road Traffic Regulation Act 1984 of contravening paragraph 1 or 3 of Part 5 of Schedule 14 to the Traffic Signs Regulations and General Directions 2016 (S.I. 2016/362) (prohibition on stopping vehicles on or near 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 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 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 the type referred to in—

(i) item 51 or 53 in the table in Part 2 of Schedule 14 to the Traffic Signs Regulations and General Directions 2016, where that sign is placed for the purposes of a signal-controlled crossing facility or a parallel crossing as defined by Schedule 1 to that Instrument; or

(ii) paragraph 1 of Part 6 of Schedule 7 to that Instrument (bus stop or bus stand clearway markings).

(3) This paragraph does not apply to a contravention within paragraph 2 above (contraventions relating to parking places).

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—

(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 Regulation Act 1984 (c. 27) (contravention of certain traffic orders) of contravening a prohibition or restriction on waiting, or loading or unloading, of vehicles;

(ba) an offence committed in England under section 25(5) of the Road Traffic Regulation Act 1984 of contravening paragraph 1 or 3 of Part 5 of Schedule 14 to the Traffic Signs Regulations and General Directions 2016 (S.I. 2016/362);

(c) an offence committed in Wales 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 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 places);

(e) an offence under section 61(5) of the Road Traffic Regulation Act 1984 (parking in loading areas);

(ea) an offence under section 30(1) of the Exeter City Council Act 1987 (c. xi) (prohibition of parking vehicles on verges, central reservations and footways).

(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 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 relating to cycle tracks) of parking a vehicle wholly or partly on a cycle track;

(ha) an offence committed in England under section 36(1) of the Road Traffic Act 1988 (failure to comply with traffic sign) of failing to comply with a sign of the type referred to in—

(i) item 51 or 53 in the table in Part 2 of Schedule 14 to the Traffic Signs Regulations and General Directions 2016, where that sign is placed for the purposes of a signal-controlled crossing facility or a parallel crossing as defined by Schedule 1 to that Instrument; or

(ii) paragraph 1 of Part 6 of Schedule 7 to that Instrument (bus stop or bus stand clearway markings);

(i) an offence committed in Wales 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 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).

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 consult—

(a) the Commissioner of Police of the Metropolis and the Commissioner of Police for the City of London, and

(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

(b) such associations of local authorities (if any),

as the authority considers appropriate.

Part 2 — Bus lane contraventions

Bus lane contraventions

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

(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 (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

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 — 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 subject to civil enforcement (see paragraphs 8A and 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.

(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.

(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 enforcement in Wales.

(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 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:

Description	Diagram number
Vehicular traffic must proceed in the direction indicated by the arrow	606
Vehicular traffic must turn ahead in the direction indicated by the arrow	609
Vehicular traffic must comply with the requirements in regulation 15	610
No right turn for vehicular traffic	612
No left turn for vehicular traffic	613
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 is one that may be indicated by another traffic sign subject to civil enforcement)	616
All vehicles prohibited except non-mechanically propelled vehicles being pushed by pedestrians	617
Entry to pedestrian zone restricted (alternative types)	618.2
Entry to and waiting in pedestrian zone restricted (alternative types)	618.3
Entry to and waiting in pedestrian zone restricted (variable message sign)	618.3A
Motor vehicles prohibited	619
Motor vehicles except solo motor cycles prohibited	619.1
Solo motor cycles prohibited	619.2
Goods vehicles exceeding the maximum gross weight indicated on the goods vehicle symbol prohibited	622.1A
One way traffic	652
Buses prohibited	952
Route for use by buses and pedal cycles only	953
Route for use by tramcars only	953.1
Route for use by pedal cycles only	955
Route for use by pedal cycles and pedestrians only	956
Route comprising two ways, for use by pedal cycles only and by pedestrians only	957
With flow bus lane which pedal cycles and taxis may also use ahead	958
With flow bus lane which pedal cycles may also use	959
With-flow cycle lane	959.1
Contra flow bus lane	960
Contra-flow cycle lane	960.1
Box junction markings	1043, 1044

Power to amend table

10

(1) The appropriate national authority may by regulations amend the relevant table so as to add further traffic signs.

(2) A traffic sign may only be added to the relevant table if it is of a type—

(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

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

(b) such associations of local authorities (if any),

as the authority considers appropriate.

(4) In this paragraph “the relevant table” means—

(a) as regards England, Table A or Table B in paragraph 8A(5);

(b) as regards Wales, the table in paragraph 9(4).

SCHEDULE 8

Part 1 — 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).

(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 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 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 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 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 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.

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