Traffic Management Act 2004

Provision 1· GB, TMA2004, section s1

Traffic Management Act 2004, section 1 (1) (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 or a strategic highways company (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 [...]

Provision 2· GB, TMA2004, section s2

Traffic Management Act 2004, section 2 (2) (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 (2) An authorisation under subsection (1)— (a) must be given (and may be varied or withdrawn) in writing; and (b) may be given subject to such limitations and conditions as the appropriate national authority thinks appropriate. (3) The designation of an individual as a traffic officer must be made (and may be withdrawn) in writing. (4) A designation may provide that it is to remain in force (unless it is withdrawn or otherwise ceases to have effect) for a specified period.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 service [...]

Provision 3· GB, TMA2004, section s3

Traffic Management Act 2004, section 3 (3) (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. Powers to direct traffic officers

Provision 4· GB, TMA2004, section s4

Traffic Management Act 2004, section 4 (4) (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. The special powers of a traffic officer

Provision 5· GB, TMA2004, section s5

Traffic Management Act 2004, section 5 (5) (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 t [...]

Provision 6· GB, TMA2004, section s6

Traffic Management Act 2004, section 6 (6) (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 T [...]

Provision 7· GB, TMA2004, section s6

Traffic Management Act 2004, section 6 (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 ”. Powers to place temporary traffic signs

Provision 8· GB, TMA2004, section s7

Traffic Management Act 2004, section 7 (7) (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 insection 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. Power to confer further special powers on traffic officers

Provision 9· GB, TMA2004, section s8

Traffic Management Act 2004, section 8 (8) (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 officers. (3) The order may— (a) provide for the enforcement of any special power conferred by the order (whether by the creation of a summary offence or otherwise); (b) make supplemental, incidental, transitional or consequential provision (including provision amending any Act or subordinate legislation). (4) An order under this section may not be made by the Secretary of State unless a dr [...]

Provision 10· GB, TMA2004, section s9

Traffic Management Act 2004, section 9 (9) (1) The power to make regulations under section 99 of the Road Traffic Regulation Act 1984 (c. 27) includes, in relation to the removal of vehicles by traffic officers, power to make consequential provision. (2) The provision which may be made by virtue of subsection (1) includes in particular provision— (a) amending, or (b) applying in relation to vehicles removed by traffic officers (with or without modifications), any provision of sections 100 to 102 of that Act (disposal of vehicles removed under section 99). Miscellaneous and supplementary Offences

Provision 11· GB, TMA2004, section s10

Traffic Management Act 2004, section 10 (10) (1) A person who assaults a traffic officer in the execution of his duties is guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale (or both). (2) A person who resists or wilfully obstructs a traffic officer in the execution of his duties is guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 3 on the standard scale (or both). (3) A person who, with intent to deceive— (a) impersonates a traffic officer, (b) makes any statement or does any act calculated falsely to suggest that he is a traffic officer, or (c) makes any statement or does any act calculate [...]

Provision 12· GB, TMA2004, section s10

Traffic Management Act 2004, section 10 (a) subsections (1) and (3) apply as if for “51 weeks” there were substituted “ six months ”; and (b) subsection (2) applies as if for “51 weeks” there were substituted “ one month ”. Uniform

Provision 13· GB, TMA2004, section s11

Traffic Management Act 2004, section 11 (11) (1) The appropriate national authority shall determine the uniform for traffic officers designated by, or under an authorisation given by, that authority. (2) The Secretary of State may delegate his or her function under subsection (1) to a strategic highways company. (3) A delegation under subsection (2) may specify— (a) the extent to which the function is delegated; (b) any conditions to which the delegation is subject. Power to charge for traffic officer services provided on request

Provision 14· GB, TMA2004, section s12

Traffic Management Act 2004, section 12 (12) The appropriate national authority or, as respects England, a strategic highways company may, at the request of any person, agree to arrange for the services of a traffic officer to be provided to that person subject to the payment of a charge. Power to acquire land

Provision 15· GB, TMA2004, section s13

Traffic Management Act 2004, section 13 (13) In the Highways Act 1980 (c. 66), after section 245 (acquisition of land for buildings etc. required for discharge of functions of highway authority) there is inserted— Acquisition of land by Secretary of State or Assembly for buildings etc. needed for traffic management purposes (245A) (1) The Secretary of State may acquire land which in his opinion is required for the provision of any buildings or facilities which are needed— (a) for use by, or in connection with the activities of, traffic officers in England; or (b) for other purposes connected with the management of traffic on highways in England for which he is the highway authority. (2) The National Assembly for Wales may acquire land which in its opinion is required for the provision of a [...]

Provision 16· GB, TMA2004, section s14

Traffic Management Act 2004, section 14 (14) The appropriate national authority may give financial assistance to an authorised person, in such form and on such terms as it considers appropriate, in respect of the traffic officers designated by that person (including financial assistance in respect of equipment, accommodation or other facilities provided for those traffic officers). Interpretation of Part 1

Provision 17· GB, TMA2004, section s15

Traffic Management Act 2004, section 15 (15) In this Part— “the appropriate national authority” means— the Secretary of State, as respects England; and the Assembly, as respects Wales; “the Assembly” means the National Assembly for Wales; “authorised person” means a person who is authorised under section 2; “designation” means designation as a traffic officer under section 2; “relevant road” has the meaning given by section 1(5); “road” means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes; “ strategic highways company ” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015; “traffic authority” has same meaning as in the Road Traffic Regulation Act 1984 (c. 27); “traffic officer” mea [...]

Provision 18· GB, TMA2004, section s16

Traffic Management Act 2004, section 16 (16) (1) It is the duty of a local traffic authority or a strategic highways company (“the network management authority”) to manage their road network with a view to achieving, so far as may be reasonably practicable having regard to their other obligations, policies and objectives, the following objectives— (a) securing the expeditious movement of traffic on the authority's road network; and (b) facilitating the expeditious movement of traffic on road networks for which another authority is the traffic authority. (2) The action which the authority may take in performing that duty includes, in particular, any action which they consider will contribute to securing— (a) the more efficient use of their road network; or (b) the avoidance, elimination or [...]

Provision 19· GB, TMA2004, section s17

Traffic Management Act 2004, section 17 (17) (1) A network management authority shall make such arrangements as they consider appropriate for planning and carrying out the action to be taken in performing the network management duty. (2) The arrangements must include provision for the appointment of a person (to be known as the “traffic manager”) to perform such tasks as the authority consider will assist them to perform their network management duty. (3) The traffic manager may (but need not) be an employee of the authority. (4) The arrangements must include provision for establishing processes for ensuring (so far as may be reasonably practicable) that the authority— (a) identify things (including future occurrences) which are causing, or which have the potential to cause, road congestio [...]

Provision 20· GB, TMA2004, section s18

Traffic Management Act 2004, section 18 (18) (1) The appropriate national authority may publish guidance to network management authorities about the techniques of network management or any other matter relating to the performance of the duties imposed by sections 16 and 17. (2) In performing those duties a network management authority shall have regard to any such guidance. Power to require information relating to network management

Provision 21· GB, TMA2004, section s19

Traffic Management Act 2004, section 19 (19) (1) The appropriate national authority may direct a network management authority to provide it, within a specified period, with specified information connected with any aspect of the performance of their duties under sections 16 and 17. (2) The information that may be specified in such a direction— (a) must be information which the authority have in their possession or can reasonably be expected to acquire; and (b) includes, in particular, information relating to— (i) the management of a network management authority's road network; or (ii) the use of their road network by different kinds of traffic or the effects of that use. (3) A direction under this section may be given to two or more network management authorities or to network management au [...]

Provision 22· GB, TMA2004, section s20

Traffic Management Act 2004, section 20 (20) (1) If the appropriate national authority considers that a network management authority may be failing properly to perform any of their duties under sections 16 and 17 it may give a notice stating that it is of that opinion (an “intervention notice”) to the authority. (2) An intervention notice must— (a) give brief particulars of the grounds for giving the notice; and (b) offer the network management authority the opportunity (within a specified period) to make representations or proposals about any matter raised by the notice. (3) The notice may also require the network management authority to provide the national authority, within the period specified under subsection (2)(b), with specified information. (4) Any information specified in the not [...]

Provision 23· GB, TMA2004, section s21

Traffic Management Act 2004, section 21 (21) (1) If the appropriate national authority is satisfied that a network management authority are failing properly to perform any duty under sections 16 and 17 it may, by order made by statutory instrument (an “intervention order”), make provision for or in connection with the appointment of a traffic director. (2) In this Part “traffic director” means a person appointed by the national authority with such objectives as the national authority considers will secure that the duty in question is properly performed. (3) An intervention order providing for the appointment of a traffic director must (among other things)— (a) state that the national authority is satisfied as mentioned in subsection (1); (b) give brief particulars of the grounds for appoin [...]

Provision 24· GB, TMA2004, section s21

Traffic Management Act 2004, section 21 (6) The order may require the traffic director to carry out functions of the network management authority. (7) The order may— (a) limit the scope of any general powers conferred on the traffic director or any duty imposed under subsection (6); (b) confer ancillary powers on the traffic director; (c) provide for the circumstances in which any general or ancillary power may (or may not) be exercised; (d) impose conditions on the exercise of any general or ancillary power; (e) make incidental or supplementary provision; (f) make different provision for different circumstances. (8) For the purposes of subsection (7) “ancillary power” means a power to do anything calculated to facilitate (or to be conducive or incidental to)— (a) the exercise by the traff [...]

Provision 25· GB, TMA2004, section s22

Traffic Management Act 2004, section 22 (22) (1) Where by virtue of an intervention order a traffic director is to be appointed in relation to a network management authority— (a) any person (including the national authority making the order, another network management authority, a Passenger Transport Executive or any other public authority) may be appointed; (b) the appointment may be made on such terms as that national authority may consider appropriate; and (c) the appointment may be revoked by that national authority. (2) The powers conferred by subsection (1) have effect subject to the provisions of the order. (3) Notice of any appointment of a traffic director (or the revocation of an appointment) shall be given to the network management authority and, in the case of a London authorit [...]