Part VIIIE+W+S Control and Enforcement

Traffic wardensE+W+S

[F196 Additional powers of traffic wardens.E+W+S

(1)An order under section 95(5) of this Act may provide that, for the purposes of any functions which traffic wardens are authorised by the order to discharge, but subject to the provisions of subsection (3) below, references to a constable or police constable in all or any of the enactments specified in subsection (2) below shall include references to a traffic warden.

(2)The enactments referred to in subsection (1) above are—

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(bb)in this Act—

(i)section 100(3) (which relates to the interim disposal of vehicles removed under section 99); and

(ii)sections 104 and 105 (which relate to the immobilisation of illegally parked vehicles);]

(c)in [F4the Road Traffic Act 1988]—

(i)[F5sections 35(1), 36 and 37] (which relate to compliance with traffic directions given by police constables);

(ii)[F6section 163] (which relates to the power of a constable to stop vehicles);

(iii)[F7section 164(1), (2) and (6)] (which relate to the power of a constable to require the production of a driving licence in certain circumstances); [F8 and]

(iv)[F9sections 165 and 169] (which relate to the powers of constables to obtain names and addresses of drivers and others and to require production of evidence of insurance or security and test certificates); and

F10(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Any power of a constable for the purposes of the following provisions of [F11the Road Traffic Act 1988, namely, sections 163, 164(1), (2) and (6) and 165], shall be exercisable by a traffic warden under an order made by virtue of subsection (1) above only where—

(a)the traffic warden is assisting a constable, or

(b)the traffic warden has reasonable cause to believe that an offence has been committed of a description specified in relation to the section in question for the purposes of this paragraph by the order, and, in the case of a power for the purposes of [F12section 165 of the Road Traffic Act 1988], the order authorises the use of that power in relation to that offence, or

(c)in the case of a power for the purposes of [F13section 163 of the Road Traffic Act 1988], the traffic warden is exercising functions in connection with the control and regulation of traffic (including pedestrians) or stationary vehicles.

[F14(4)Where an order has been made pursuant to subsection (2)(bb)(i) above, in section 100(3) of this Act the words “chief officer of the police force to which the constable belongs” shall be deemed to include a reference to a chief officer of police under whose direction a traffic warden acts.

(5)Any order made under section 95(5) of this Act may make different provision for different cases or classes of case, or in respect of different areas.]]

Textual Amendments

F1Ss. 95-97 repealed (E.W.) (31.1.2017 for specified purposes, 1.12.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 46(1), 183(1)(5)(e); S.I. 2017/1139, reg. 3

F2S. 96(2)(a)(b) omitted (S.) (31.1.2017 for specified purposes, 1.12.2018 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 46(8), 183(1)(5)(e); S.I. 2017/1139, reg. 3

F10S. 96(2)(d) omitted (S.) (31.1.2017 for specified purposes, 1.12.2018 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 46(8), 183(1)(5)(e); S.I. 2017/1139, reg. 3