Traffic Management Act 2004
Traffic Management Act 2004
2004 CHAPTER 18
An Act to make provision for and in connection with the designation of traffic officers and their duties; to make provision in relation to the management of road networks; to make new provision for regulating the carrying out of works and other activities in the street; to amend Part 3 of the New Roads and Street Works Act 1991 and Parts 9 and 14 of the Highways Act 1980; to make new provision in relation to the civil enforcement of traffic contraventions; to amend section 55 of the Road Traffic Regulation Act 1984; and for connected purposes.
[22nd July 2004]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part 1
Traffic Officers
Traffic officers for England and for Wales
1 Traffic officers: introduction
1 Traffic officers: introduction
(1) This Part makes provision for the designation of individuals as traffic officers by, or under an authorisation given by, the Secretary of State or the Assembly.
(2) The duties assigned to traffic officers must be connected with, or intended to facilitate or to be conducive or incidental to—
(a) the management of traffic on the relevant road network; or
(b) the performance of any other functions of the appropriate national authority (in its capacity as a traffic authority or highway authority).
(3) In subsection (2) ‘the relevant road network’ means—
(a) the network of relevant roads in England (in the case of traffic officers designated by, or under an authorisation given by, the Secretary of State); or
(b) the network of relevant roads in Wales (in the case of traffic officers designated by, or under an authorisation given by, the Assembly).
(4) Traffic officers shall have such special powers (for use in connection with the performance of their duties) as are referred to in section 5(1).
(5) In this Part ‘relevant road’ means a road in England for which the Secretary of State is the traffic authority or a road in Wales for which the Assembly is the traffic authority.
2 Designation of traffic officers
2 Designation of traffic officers
(1) The appropriate national authority may—
(a) designate individuals as traffic officers; and
(b) authorise another person to designate individuals as traffic officers.
(2) An authorisation under subsection (1)—
(a) must be given (and may be varied or withdrawn) in writing; and
(b) may be given subject to such limitations and conditions as the appropriate national authority thinks appropriate.
(3) The designation of an individual as a traffic officer must be made (and may be withdrawn) in writing.
(4) A designation may provide that it is to remain in force (unless it is withdrawn or otherwise ceases to have effect) for a specified period.
(5) A traffic officer designated under an authorisation must be employed by, or by a person providing services to, the authorised person.
(6) An individual designated under an authorisation shall cease to be a traffic officer if the person who appointed him either withdraws his designation or ceases to be authorised.
(7) The appropriate national authority may direct an authorised person to withdraw immediately the designation of all or any of the individuals who have been designated by that person.
Jurisdiction and powers of traffic officers
3 Jurisdiction of traffic officers
3 Jurisdiction of traffic officers
(1) A traffic officer has jurisdiction—
(a) over any relevant road in England (if he was designated by, or under an authorisation given by, the Secretary of State); or
(b) over any relevant road in Wales (if he was designated by, or under an authorisation given by, the Assembly),
unless his designation provides that this subsection does not apply to him.
(2) If subsection (1) does not apply to a traffic officer, he has jurisdiction only over such relevant roads, or relevant roads of such descriptions, as may be specified in his designation.
4 Powers to direct traffic officers
4 Powers to direct traffic officers
(1) A traffic officer shall, when carrying out his duties, comply with any direction of a constable.
(2) Subject to that, a traffic officer designated by an authorised person shall, when carrying out his duties, comply with any direction of the appropriate national authority.
5 The special powers of a traffic officer
5 The special powers of a traffic officer
(1) For the purposes of this Part the special powers of a traffic officer are the following—
(a) powers conferred by sections 6 and 7;
(b) powers conferred by orders under section 8; and
(c) powers conferred by or under any other Act which are expressed to be special powers for the purposes of this section.
(2) The exercise of those powers is subject to the following restrictions.
(3) Those powers may only be exercised for one or more of the following purposes—
(a) maintaining or improving the movement of traffic on a relevant road over which the traffic officer has jurisdiction by virtue of section 3;
(b) preventing or reducing the effect of anything causing (or which has the potential to cause) congestion or other disruption to the movement of traffic on such a road;
(c) avoiding danger to persons or other traffic using such a road (or preventing risks of any such danger arising);
(d) preventing damage to, or to anything on or near, such a road;
or for a purpose incidental to any of those purposes.
(4) Subject to that, those powers may be exercised—
(a) on or in relation to any relevant road over which the traffic officer has jurisdiction to act by virtue of section 3; or
(b) if the condition specified in subsection (5) is met, on or in relation to any other road in England and Wales.
(5) The condition is that the traffic officer is acting—
(a) at the direction of the chief officer of police for the area in which the road is situated; or
(b) with the consent of the traffic authority for the road.
(6) A traffic officer may not exercise his special powers on a road unless he is in uniform.
6 Powers to stop or direct traffic
6 Powers to stop or direct traffic
(1) This section confers the following powers on a traffic officer—
(a) a power, when the traffic officer is engaged in the regulation of traffic in a road, to direct a person driving or propelling a vehicle—
(i) to stop the vehicle, or
(ii) to make it proceed in, or keep to, a particular line of traffic;
(b) a power, for the purposes of a traffic survey of any description which is being carried out on or in the vicinity of a road, to direct a person driving or propelling a vehicle—
(i) to stop the vehicle, or
(ii) to make it proceed in, or keep to, a particular line of traffic, or
(iii) to proceed to a particular point on or near the road on which the vehicle is being driven or propelled;
(subject to the restriction in section 35(3) of the Road Traffic Act 1988 (c. 52));
(c) a power, when the traffic officer is engaged in the regulation of vehicular traffic in a road, to direct persons on foot (or such persons and other traffic) to stop;
(d) a power to direct a person driving a mechanically propelled vehicle, or riding a cycle, on a road to stop the vehicle or cycle.
(2) In section 35 of the Road Traffic Act 1988 (drivers to comply with traffic directions)—
(a) in subsection (1)—
(i) after ‘a constable’ there is inserted ‘or traffic officer’;
(ii) after ‘duty’ there is inserted ‘or the traffic officer (as the case may be)’;
(b) in subsection (2)(b) after ‘constable’ there is inserted ‘or traffic officer’.
(3) In section 37 of that Act (directions to pedestrians)—
(a) after ‘uniform’ there is inserted ‘or traffic officer’;
(b) after ‘duty’ there is inserted ‘or the traffic officer (as the case may be)’.
(4) In section 163 of that Act (power of police to stop vehicles), in subsections (1) and (2) after ‘uniform’ there is inserted ‘or a traffic officer’.
(5) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences under the Traffic Acts), in column 5 of the entry relating to section 35 of the Road Traffic Act 1988 after ‘constable’ there is inserted ‘, traffic officer’.
7 Powers to place temporary traffic signs
7 Powers to place temporary traffic signs
(1) A traffic officer has the powers of a constable under section 67(1) of the Road Traffic Regulation Act 1984 (c. 27) (power in the case of emergencies and temporary obstructions etc. to place and temporarily maintain traffic signs on a road or on any structure on a road).
(2) The references in section 67(1) and (2) to powers conferred by subsection (1) of that section include a reference to the corresponding powers of a traffic officer by virtue of this section.
8 Power to confer further special powers on traffic officers
8 Power to confer further special powers on traffic officers
(1) The appropriate national authority may by order made by statutory instrument confer further special powers on traffic officers.
(2) The national authority may not confer a further special power on traffic officers unless it is satisfied that the power is necessary for the purpose of facilitating the performance of any duties which may be assigned to traffic...
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