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Traffic Management Bill


Traffic Management Bill
Schedule 4 — Schedule 3A to the New Roads and Street Works Act 1991

64

 

(b)   

comply with such requirements as to its form and content

as may be prescribed.

      (6)  

The street authority must send a copy of any direction under this

paragraph to the persons to whom it sent the notice under

paragraph 2(4).

5

      (7)  

A direction under this paragraph shall cease to have effect if the

works referred to in paragraph 3(1)(a) to (c) to which it relates are

not completed within such period as may be prescribed.

      (8)  

A direction under this paragraph may be revoked at any time by

the authority which gave it.

10

      (9)  

Where a direction under this paragraph ceases to have effect by

virtue of sub-paragraph (7), or is revoked by virtue of sub-

paragraph (8), the street authority must notify the persons

specified in paragraph 2(4).

     (10)  

If the street authority decides not to give a direction under this

15

paragraph, it must notify the persons specified in paragraph 2(4)

accordingly.

Effect of direction imposing restriction

5     (1)  

Where a direction under paragraph 4 is in force, an undertaker

may not during the period specified in the direction execute street

20

works in the part of the highway to which the restriction relates.

      (2)  

Sub-paragraph (1) does not apply—

(a)   

where an undertaker executes emergency works;

(b)   

where an undertaker executes works with the consent of

the street authority; or

25

(c)   

in such other cases as may be prescribed.

      (3)  

The consent of the street authority under sub-paragraph (2)(b)

shall not be unreasonably withheld; and any question whether the

withholding of consent is unreasonable shall be settled in such

manner as may be prescribed.

30

      (4)  

Regulations under sub-paragraph (3) may in particular make

provision for the question referred to in that sub-paragraph to be

settled—

(a)   

by arbitration;

(b)   

by a person specified by the Secretary of State on appeal by

35

the undertaker.

      (5)  

An undertaker who contravenes sub-paragraph (1) commits an

offence and is liable on summary conviction to a fine not

exceeding level 5 on the standard scale.

      (6)  

An undertaker convicted of an offence under sub-paragraph (5) is

40

liable to reimburse the street authority any costs reasonably

incurred by them in reinstating the highway.

Supplementary

6          

An undertaker shall be taken not to have failed to fulfil any

statutory duty to afford a supply or service if, or to the extent that,

45

 

 

Traffic Management Bill
Schedule 5 — Schedule 22A to the Highways Act 1980

65

 

his failure is attributable to a restriction imposed under this

Schedule.”

Schedule 5

Section 60

 

Schedule 22A to the Highways Act 1980

“Schedule 22A

5

Section 314A

 

fixed penalty offences under part 9

 

Offence

 

Brief description

 
 

An offence under

 

Deposit of builder’s skip on highway without

 
 

section 139(3)

 

permission of highway authority.

 
 

An offence under

 

Failure of owner of skip to ensure skip properly lit

 

10

 

section 139(4)

 

and marked and removed as soon as practicable

 
   

once filled or to ensure conditions of permission

 
   

complied with.

 
 

An offence created by

 

Failure to give a notice required by regulations

 
 

regulations made

 

under s.140A (charge for occupation of the

 

15

 

under section 140A,

 

highway by builder’s skip for unreasonable

 
 

consisting of a failure to

 

period).

 
 

give a notice

   
 

An offence created by

 

Failure to give a notice required by regulations

 
 

regulations made

 

under s.140B (charge determined by reference to

 

20

 

under section 140B,

 

duration of occupation of the highway by

 
 

consisting of a failure to

 

builder’s skip).

 
 

give a notice

   
 

An offence under

 

Offences relating to the erection or retention of

 
 

section 169(5)

 

scaffolding etc. which obstructs the highway.

 

25

 

An offence under

 

Mixing or depositing mortar etc. on highway.

 
 

section 170(1)

   
 

An offence under

 

Offences relating to the deposit of materials on

 
 

section 171(6)

 

highway or the making of temporary excavations

 
   

in it.

 

30

 

An offence created by

 

Failure to give a notice required by regulations

 
 

regulations made

 

under s.171A (charge for occupation of the

 
 

under section 171A,

 

highway by scaffolding etc. for unreasonable

 
 

consisting of a failure to

 

period).

 
 

give a notice

   

35

 

An offence created by

 

Failure to give a notice required by regulations

 
 

regulations made

 

under s.171B (charge determined by reference to

 
 

under section 171B,

 

duration of occupation of the highway by

 
 

consisting of a failure to

 

scaffolding etc.).”

 
 

give a notice

   

40

 

 

Traffic Management Bill
Schedule 6 — Schedule 22B to the Highways Act 1980

66

 

Schedule 6

Section 60

 

Schedule 22B to the Highways Act 1980

“Schedule 22B

Section 314A

 

Fixed penalties for certain offences under Part 9

Power to give fixed penalty notices

5

1     (1)  

An authorised officer of a highway authority may, if he has reason

to believe that a person is committing or has committed a fixed

penalty offence, give him a fixed penalty notice in relation to that

offence.

      (2)  

In this Schedule “fixed penalty notice” means a notice offering a

10

person the opportunity of discharging any liability to conviction

for a fixed penalty offence by payment of a penalty.

2          

A fixed penalty notice for an offence may not be given after such

time relating to the offence as the Secretary of State may by

regulations prescribe.

15

Contents of fixed penalty notice

3     (1)  

A fixed penalty notice must identify the offence to which it relates

and give reasonable particulars of the circumstances alleged to

constitute that offence.

      (2)  

A fixed penalty notice must also state—

20

(a)   

the amount of the penalty and the period within which it

may be paid;

(b)   

the discounted amount and the period within which it may

be paid;

(c)   

the person to whom and the address at which payment

25

may be made;

(d)   

the method or methods by which payment may be made;

(e)   

the person to whom and the address at which any

representations relating to the notice may be addressed;

(f)   

the consequences of not making any payment within the

30

period for payment.

      (3)  

The person specified under sub-paragraph (2)(c) must be the

highway authority or a person acting on their behalf.

The amount of the penalty and the period for payment

4     (1)  

The penalty for a fixed penalty offence is (subject to paragraph 5)

35

such amount, not exceeding 30 per cent. of the maximum fine for

that offence, as may be prescribed.

      (2)  

The period for payment of the penalty is the period of 29 days

beginning with the day on which the notice is given.

      (3)  

The highway authority may extend the period for paying the

40

penalty in any particular case if they consider it appropriate to do

so.

 

 

Traffic Management Bill
Schedule 6 — Schedule 22B to the Highways Act 1980

67

 

The discounted amount

5     (1)  

A discounted amount is payable instead of the amount prescribed

under paragraph 4(1) if payment is made before the end of the

period of 15 days beginning with the day on which the notice is

given.

5

      (2)  

The discounted amount for a fixed penalty offence is such amount,

not exceeding 25 per cent. of the maximum fine for the offence, as

may be prescribed.

      (3)  

If the last day of the period specified in sub-paragraph (1) does not

fall on a working day, the period for payment of the discounted

10

amount is extended until the end of the next working day.

      (4)  

In sub-paragraph (3) “working day” means a day other than a

Saturday, a Sunday, Christmas Day, Good Friday or a bank

holiday in the locality in which the highway in question is

situated.

15

Effect of notice and payment of penalty

6     (1)  

This section applies where a person is served with a fixed penalty

notice in respect of a fixed penalty offence.

      (2)  

No proceedings for the offence may be commenced before the end

of the period for payment of the penalty.

20

      (3)  

No such proceedings may be commenced or continued if payment

of the penalty is made before the end of that period or is accepted

by the highway authority after that time.

      (4)  

Payment of the discounted amount only counts for the purposes

of sub-paragraph (3) if it is made before the end of the period for

25

payment of the discounted amount.

      (5)  

In proceedings for the offence a certificate which—

(a)   

purports to be signed by or on behalf of the person having

responsibility for the financial affairs of the highway

authority; and

30

(b)   

states that payment of an amount specified in the

certificate was or was not received by a date so specified,

           

is evidence of the facts stated.

Power to withdraw notices

7     (1)  

If the highway authority consider that a fixed penalty notice which

35

has been given ought not to have been given, they may give to the

person on whom it was given a notice withdrawing the fixed

penalty notice.

      (2)  

Where a notice under sub-paragraph (1) is given—

(a)   

the authority shall repay any amount which has been paid

40

by way of penalty in pursuance of the fixed penalty notice;

and

(b)   

no proceedings may be commenced or continued against

that person for the offence in question.

 

 

Traffic Management Bill
Schedule 7 — Road traffic contraventions subject to civil enforcement
Part 1 — Parking contraventions

68

 

      (3)  

The highway authority shall consider any representations made

by or on behalf of the recipient of a fixed penalty notice and decide

in all the circumstances whether to withdraw the notice.

General and supplementary

8     (1)  

In this Schedule “prescribed” means prescribed in regulations

5

made by the Secretary of State.

      (2)  

The Secretary of State may, with the consent of the Treasury, make

regulations about—

(a)   

the application by highway authorities of fixed penalties

paid under this Schedule;

10

(b)   

the keeping of accounts, and the preparation and

publication of statements of account, relating to penalties

paid under this Schedule.

      (3)  

The Secretary of State may by regulations—

(a)   

prescribe circumstances in which fixed penalty notices

15

may not be given;

(b)   

modify paragraph 4(2) or 5(1) so as to substitute a different

period for the period for the time being specified there;

(c)   

prescribe the method or methods by which penalties may

be paid.

20

      (4)  

Regulations under this Schedule may make different provision for

different circumstances.

9          

Section 323(1)(b) (reckoning of periods of 8 days or less) does not

apply for the purposes of this Schedule.”

Schedule 7

25

Section 69

 

Road traffic contraventions subject to civil enforcement

Part 1

Parking contraventions

Parking contraventions

1          

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

30

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—

35

(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,

 

 

Traffic Management Bill
Schedule 7 — Road traffic contraventions subject to civil enforcement
Part 1 — Parking contraventions

69

 

(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—

5

(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

10

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

15

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

20

(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 regulation 18 or 20 of the Zebra, Pelican and

25

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) of the Road Traffic Regulation Act

1984 (contravention of orders relating to parking places provided

30

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);

35

(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 a type

40

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

45

markings).

      (3)  

This paragraph does not apply to a contravention within paragraph 2 above

(contraventions relating to parking places).

 

 

Traffic Management Bill
Schedule 7 — Road traffic contraventions subject to civil enforcement
Part 1 — Parking contraventions

70

 

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—

5

(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

10

Regulation Act 1984 (c. 27) (contravention of certain traffic orders) of

contravening a prohibition or restriction on waiting, or loading or

unloading, of vehicles;

(c)   

an offence under section 25(5) of the Road Traffic Regulation Act

1984 of contravening regulation 18 or 20 of the Zebra, Pelican and

15

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

20

places);

(e)   

an offence under section 61(5) of the Road Traffic Regulation Act

1984 (parking in loading areas);

(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

25

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

30

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

cycle track;

(i)   

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 a type

referred to in—

35

(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).

40

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

45

consult—

(a)   

the Commissioner of Police of the Metropolis and the Commissioner

of Police for the City of London, and

 

 

 
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