Traffic Management Act 2004

Provision 1· legislation, traffic-management-act, tma-2004

Traffic Management Act 2004 2004 c. 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 authori [...]

Provision 2· legislation, traffic-management-act, tma-2004

e 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 or a strategic highways company is the traffic authority or a road in Wales for which the Assembly is the traffic authority. Designation of traffic officers 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individuals as traffic officers. 2 An authorisation under subsection (1)— a must be given (and may be varied or withdrawn) in writing; and b may be given subject to such limitations and conditions as the appropriate national authority thinks appropriate. 3 The [...]

Provision 3· legislation, traffic-management-act, tma-2004

vant 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 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 5 1 For the purposes of this Part the special powers of a traffic officer are the following [...]

Provision 4· legislation, traffic-management-act, tma-2004

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. Powers to stop or direct traffic 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, [...]

Provision 5· legislation, traffic-management-act, tma-2004

nserted “ 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 ” . Powers to place temporary tra [...]

Provision 6· legislation, traffic-management-act, tma-2004

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 draft of the order has been laid before and approved by a resolution of each House of Parliament. Removal of certain vehicles by traffic officers 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 remov [...]

Provision 7· legislation, traffic-management-act, tma-2004

c officer that exceed the powers he actually has, 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). 4 A person to whom this subsection applies who fails to give his name and address to a traffic officer in uniform on being required to do so by that officer is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. 5 Subsection (4) applies to a person whom the traffic officer reasonably believes to have been the driver of a vehicle at a time of a failure to comply with— a a direction given in relation to that vehicle under a power conferred by section 6, or b the indication given by a traffic sign placed under a p [...]

Provision 8· legislation, traffic-management-act, tma-2004

icer to be provided to that person subject to the payment of a charge. Power to acquire land 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 o [...]

Provision 9· legislation, traffic-management-act, tma-2004

ans 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 ” means an individual designated under section 2. Part 2 Network management by local traffic authorities and strategic highways companies General duties relating to network management The network management duty 16 1 It is the duty of a local traffic authority or a strategic highways company (“ the network management au [...]

Provision 10· legislation, traffic-management-act, tma-2004

ir capacity as a traffic authority). 3 In this Part “ network management duty ”, in relation to a network management authority, means their duty under this section. Arrangements for network management 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 pr [...]

Provision 11· legislation, traffic-management-act, tma-2004

r review the effectiveness of the arrangements they have in place under this section. Guidance to network management authorities 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 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 [...]

Provision 12· legislation, traffic-management-act, tma-2004

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 notice must be information that the national authority considers will assist it in deciding what further action (if any) to take. 5 The Secretary of State shall consult the Mayor before giving an intervention notice to a London authority and, if such a notice is given, shall give him a copy of it. Intervention orders 21 1 If the appropriate national authority is satisfied that a netw [...]

Provision 13· legislation, traffic-management-act, tma-2004

ic director has been given to the network management authority in an intervention notice; and b the period specified in the notice under section 20(2)(b) has expired; but if that period has expired an order may be made whether or not the network management authority have complied with any requirements specified under section 20(3). 5 The general powers which may be conferred on the traffic director are powers authorising him— a to monitor any matter; b to report on any matter; c to intervene in activities of the network management authority; and d to carry out functions of the network management authority. The general powers are explained further in sections 23 to 25. 6 The order may require the traffic director to carry out functions of the network management authority. 7 The order may— a [...]

Provision 14· legislation, traffic-management-act, tma-2004

ion in connection with the appointment of a traffic director under an earlier intervention order. 10 The Secretary of State shall consult the Mayor before making an intervention order in relation to a London authority. Appointment of traffic director: supplementary 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 subj [...]

Provision 15· legislation, traffic-management-act, tma-2004

uties under sections 16 and 17, including the use of their road network by different kinds of traffic or the effects of that use. 3 The order may provide for such reports to be made to the appropriate national authority or the network management authority (or both). Intervention in activities of network management authority 24 1 This section explains the general powers which may be conferred by an intervention order under section 21(5)(c). 2 Such powers may authorise the traffic director to give to the network management authority directions with respect to the exercise of any specified function, including in particular directions— a to exercise (or to cease or refrain from exercising) such a function; b as to the way in which such a function is (or is not) to be exercised; c as to the pol [...]

Provision 16· legislation, traffic-management-act, tma-2004

ich may be imposed under section 21(6). 2 The order may authorise or require the traffic director to take over from the network management authority the exercise of any specified function. 3 The order may specify any function of the authority (whether or not conferred in their capacity as a traffic authority) the exercise of which appears to the appropriate national authority to be capable of contributing to, or interfering with, the achievement of the traffic director's objectives. 4 The order may require the authority to take action— a to co-ordinate their activities with those of the traffic director in the exercise of functions specified under subsection (2); b to co-operate with the traffic director in the exercise of such functions. 5 Anything done by the traffic director in the exer [...]

Provision 17· legislation, traffic-management-act, tma-2004

ed to an order made by the authority by statutory instrument. 3 A statutory instrument containing an order under subsection (2) made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament. Guidance to traffic directors 28 1 The appropriate national authority may give guidance to traffic directors in relation to the performance of their duties. 2 Such guidance may be general or given to a particular traffic director. 3 In carrying out his duties a traffic director shall have regard to any guidance under this section which is applicable to him. 4 The appropriate national authority shall publish any guidance given under this section. Traffic directors in London 29 1 Subsections (2) to (4) apply where a traffic director is appointed in rela [...]

Provision 18· legislation, traffic-management-act, tma-2004

ubsections (3)(d) and (4) were omitted. 7 If the traffic director— a exercises the power of Transport for London under subsection (3) of section 121B of the Road Traffic Regulation Act 1984 (c. 27) to object to a proposal and does not withdraw that objection, or b directs Transport for London to exercise the power to object to a proposal and not to withdraw the objection, that section has effect as if subsections (3)(d) and (4) were omitted. 8 While the intervention order to which the appointment relates is in force the Mayor may not, without the consent of the traffic director, issue a direction under— a section 301A(9) of the Highways Act 1980, or b section 121B(9) of the Road Traffic Regulation Act 1984, dispensing with any of the requirements mentioned there (whether or not by varying [...]

Provision 19· legislation, traffic-management-act, tma-2004

highways company or the National Assembly for Wales; “ London authority ” means Transport for London, a London borough Council or the Common Council of the City of London; “ Mayor ” means the Mayor of London; “ 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; “ road network ”, in relation to a strategic highways company or a local traffic authority, means the network of roads for which the company or the authority is the traffic authority; “ traffic ” includes pedestrians; “ traffic authority ” has the same meaning as in the Road Traffic Regulation Act 1984 (c. 27); “ network management authority ” has the meaning given in section 16(1); “ network management duty ” has the meaning given in section 16(3) [...]

Provision 20· legislation, traffic-management-act, tma-2004

nection with the attachment of such conditions to permits), e for or in connection with the review or variation of permits or such conditions (including provision with respect to applications for such variations). 3 In this section “ specified ” means specified, or of a description specified, in a permit scheme. Preparation of permit schemes 33 1 A permit scheme may be prepared by— a a strategic highways company, b a local highway authority in England, or c such a company or authority acting together with one or more other such companies or authorities. 1A A local highway authority in Wales, or two or more such authorities acting together, may prepare and submit to the Welsh Ministers a permit scheme. 2 The Secretary of State may direct— a a strategic highways company, b a local highway au [...]

Provision 21· legislation, traffic-management-act, tma-2004

d local highway authorities in England 33A 1 This section applies to a permit scheme prepared in accordance with section 33(1) or (2) by— a a strategic highways company, b a local highway authority in England, or c such a company or authority acting together with one or more other such companies or authorities. 2 The scheme shall not have effect in the area of a participating authority unless the authority gives effect to it by order. 3 For the purposes of subsection (2) a local highway authority or a strategic highways company is a “ participating authority ” in relation to a permit scheme if it is the highway authority for any of the streets in which the scheme is to control the carrying out of works. 4 An order under subsection (2)— a must set out the scheme and specify the date on whic [...]

Provision 22· legislation, traffic-management-act, tma-2004

e extent specified in the order. Implementation of other permit schemes 35 1 This section applies where a permit scheme is prepared in accordance with section 33(3) or (4). 2 The scheme shall not have effect unless the appropriate national authority by order gives effect to it. 3 An order under subsection (2)— a must set out the scheme and specify the date on which the scheme is to come into effect, and b may (in accordance with permit regulations) include provisions which disapply or modify enactments to the extent specified in the order. Variation and revocation of permit schemes 36 1 A local highway authority in England may by order vary or revoke a permit scheme to the extent that it has effect in the area of the authority by virtue of an order made by the authority under section 33A(2 [...]

Provision 23· legislation, traffic-management-act, tma-2004

he time being has effect by virtue of an order made by them under section 34(4) or 35(2). 8 An order under subsection (7) may vary or revoke an order made by the Welsh Ministers under section 34(4) or 35(2), or an order previously made under subsection (7). 9 The Secretary of State may by order vary or revoke any permit scheme which for the time being has effect by virtue of an order made by the Secretary of State under section 35(2). 10 An order under subsection (9) may vary or revoke an order made by the Secretary of State under section 35(2), or an order previously made under subsection (9). 11 An order under subsection (7) or (9) may relate to one or more permit schemes. 12 An order under this section may (in accordance with permit regulations) include provisions which disapply or modi [...]

Provision 24· legislation, traffic-management-act, tma-2004

hemes. 3 Permit regulations may make provision— a with respect to any of the matters mentioned in section 32(2) (including provision as to the conditions or types of conditions which may be imposed by virtue of section 32(2)(d)), b for the purpose of limiting the streets, or type of streets, which may be the subject of a permit scheme. 3A Permit regulations made by the Secretary of State may impose requirements for the purpose of securing that permit schemes are kept under review. 4 Permit regulations may make provision— a as to the criteria to be taken into account in the case of decisions with respect to the issue, review or variation of permits or decisions with respect to the imposition, review or variation of conditions, b for or in connection with the determination, or facilitating t [...]

Provision 25· legislation, traffic-management-act, tma-2004

enalty notices (including, in particular, provision applying Schedule 4B to the New Roads and Street Works Act 1991 (c. 22), with or without modifications) in relation to any offence created by permit regulations. 7 Permit regulations may make provision for or in connection with the payment of a fee in respect of any one or more of the following— a an application for a permit, b the issue of a permit, c an application for the variation of a permit or the conditions attached to a permit, d the variation of a permit or the conditions attached to a permit. 8 Provision made under subsection (7) may include provision as to— a the amount or maximum amount of any fee, b cases in which fees are not to be payable or are to be repaid, c cases in which fees may be discounted, d the time and manner of [...]