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Traffic Management Bill


Traffic Management Bill
Part 5 — Highways and roads

33

 

Enforcement of certain offences under the Highways Act 1980

60      

Fixed penalty offences under the Highways Act 1980

(1)   

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

inserted—

“314A   

Fixed penalties for certain offences under Part 9

5

(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

10

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.”

(2)   

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

15

inserted—

“(ab)   

a penalty charge 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.

Records of objects placed in highway

20

61      

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

(1)   

The appropriate national authority may by regulations made by statutory

instrument require 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 authority in a street.

25

(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;

(c)   

requiring a record to be made available for inspection.

(3)   

The reference in subsection (1) to an object placed in a street includes an object

30

placed under, over, across, along or upon a street.

(4)   

In this section—

   

“appropriate national authority” means—

(a)   

the Secretary of State, in relation to local highway authorities in

England;

35

(b)   

the National Assembly for Wales, in relation to local highway

authorities in Wales

   

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

Works Act 1991 (c. 22).

 

 

Traffic Management Bill
Part 5 — Highways and roads

34

 

(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.

62      

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

5

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

“140A Builders’ skips: charge for occupation of highway for unreasonable

period

(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

10

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

15

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.

20

(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

25

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

30

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

35

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

40

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.

 

 

Traffic Management Bill
Part 5 — Highways and roads

35

 

(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 and the extent of the occupation.

(8)   

Different rates of charge may be prescribed according to the place and

time of the occupation and such other factors as appear to the Secretary

5

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

10

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

15

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

20

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

25

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

30

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

35

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

40

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

45

purposes of the regulations to be treated as the owner of the skip.

 

 

Traffic Management Bill
Part 5 — Highways and roads

36

 

(18)   

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.”

5

63      

Builders’ skips: charge determined by reference to duration of occupation of

highway

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

“140B Builders’ skips: charge determined by reference to duration of

occupation of highway

10

(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

15

authority unless the Secretary of State has, by order, approved the

authority for the purposes of the regulations.

(3)   

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;

20

(c)   

such other factors as appear to the Secretary of State to be

relevant.

(4)   

The regulations may require disputes of any prescribed description to

be referred to an arbitrator appointed in accordance with the

regulations.

25

(5)   

Subsections (4), (5) and (9) to (18) 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.”

64      

Scaffolding, building materials and excavations: charge for occupation of

highway for unreasonable period

30

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

“171A Scaffolding, building materials and excavations: charge for

occupation of highway for unreasonable period

(1)   

The Secretary of State may make provision by regulations requiring a

person who—

35

(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,

40

   

to pay a charge to the highway authority in the circumstances set out in

subsection (3).

 

 

Traffic Management Bill
Part 5 — Highways and roads

37

 

(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.

5

(3)   

The circumstances are that the period (in this section, the “relevant

period”) for which—

(a)   

the 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,

10

   

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.

15

(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—

20

(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

25

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,

30

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

35

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

40

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 regulations may prescribe different rates of charge according to—

(a)   

the extent to which the highway is affected by the structure,

45

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.

 

 

Traffic Management Bill
Part 5 — Highways and roads

38

 

(10)   

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.

5

(11)   

The regulations may make provision for the determination of the

duration of the relevant period for the purposes of the regulations.

(12)   

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,

10

in the prescribed manner, in accordance with a requirement imposed

by the regulations.

(13)   

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

15

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.

(14)   

The regulations may make provision as to the time and manner of

20

making payment of charges.

(15)   

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

25

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.

(16)   

The regulations may make provision as to—

(a)   

the application by local highway authorities of sums paid by

30

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.

(17)   

The regulations may create in respect of any failure to give a notice, or

to provide information, required by the regulations a criminal offence

35

triable summarily and punishable with a fine not exceeding level 4 on

the standard scale.

(18)   

In this section “prescribed” means prescribed by the Secretary of State

by regulations, which may make different provision for different

cases.”

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Revised 15 December 2003