Traffic Management Act 2004 Explanatory Notes

1. Introduction

2. Territorial Extent

3. Summary and Overview of the Act

   1. Part 1

      Traffic Officers

   2. Part 2

      Network management by local traffic authorities

   3. Part 3

      Permit schemes

   4. Part 4

      Street Works

   5. Part 5

      Highways and Roads

   6. Part 6

      Civil enforcement of traffic contraventions

   7. Part 7

      Miscellaneous and general

4. Commentary on Sections

   1. Part 1: Traffic Officers

      Background

      1. Sections 1 & 2: Designation of traffic officers

      2. Section 3: Jurisdiction of traffic officers

      3. Section 4: Powers to direct traffic officers

      4. Section 5: The special powers of a traffic officer

      5. Section 6: Powers to stop or direct traffic

      6. Section 7: Powers to place temporary traffic signs

      7. Section 8: Power to confer further special powers on traffic officers

      8. Section 9: Removal of certain vehicles by traffic officers

      9. Section 11: Uniform

      10. Section 13: Power to acquire land

      11. Section 14: Financial assistance to authorised persons

   2. Part 2: Network Management by Local Traffic Authorities

      1. Section 16: The network management duty

      2. Section 17: Arrangements for network management

      3. Sections 18 & 19: Guidance and power to require information

      4. Section 20: Intervention Notices

      5. Sections 21: Intervention Orders

      6. Section 23: Monitoring and Reporting

      7. Section 24: Intervention in activities of local traffic authority

      8. Section 25: Exercise of local traffic authority functions

      9. Section 26: Application of sections 20 to 25 to Local Traffic Authorities exercising functions jointly

      10. Sections 27 & 28: Criteria for making Intervention Orders and Guidance to Traffic Directors

      11. Section 29: Traffic Directors in London

      12. Section 30: Recovery of costs from local traffic authorities

      13. Section 31: Interpretation of Part 2

   3. Part 3: Permit schemes

      1. Section 32: Meaning of "permit scheme"

      2. Section 33: Preparation of permit schemes

      3. Section 34: Implementation of local highway authority permit schemes

      4. Section 35: Implementation of other permit schemes

      5. Section 36: Variation and revocation of permit schemes

      6. Section 37: Permit regulations

      7. Section 38: Crown application

      8. Section 39: Interpretation of Part 3

   4. Part 4 : Street Works

      1. Section 40 and Schedule 1: Increase in penalties for summary offences under 1991 Act

      2. Section 41 and Schedules 2 and 3: Fixed penalty offences

      3. Section 42: Duty of street authority to co-ordinate works

      4. Section 43: Directions relating to timing of street works

      5. Section 44: Directions as to placing of apparatus

      6. Section 45: The street works register

      7. Section 46: Records of location of apparatus

      8. Section 47: Duties relating to the location of unexpected apparatus

      9. Section 48: Duty to inspect records

      10. Section 49:Notices of street works

      11. Section 50: Qualifications of supervisors and operatives

      12. Section 51: Works following substantial road works

      13. Section 52 and Schedule 4: Restriction on works following substantial street works

      14. Section 53: Notices requiring remedial works relating to reinstatements

      15. Section 54: Duty to notify street authority of reinstatement

      16. Section 55: Power of street authority to require undertaker to re-surface street

      17. Section 56: Re-surfacing: regulations and guidance

      18. Section 57: Contributions to costs of re-surfacing by undertaker

      19. Section 58: Inspection fees

      20. Section 59: Guidance about inspections

   5. Part 5: Highways and Roads

      1. Section 60: Strategic Roads in London: initial designation by Secretary of State

      2. Section 61: Orders of the Greater London Authority changing what are strategic roads

      3. Section 62: London borough councils exercising powers under Highways Act 1980 so as to affect strategic roads

      4. Section 63: London borough council exercising powers under Road Traffic Regulation Act 1984 so as to affect strategic roads

      5. Section 64 and Schedules 5 and 6: Fixed penalty offences under the Highways Act 1980

      6. Section 65: Duty of local highway authority to keep records of objects in highway

      7. Section 66: Builders' skips: charge for occupation of the highway for unreasonable period

      8. Section 67: Builder’s skips: charge determined by reference to duration of occupation of the highway

      9. Section 68: Scaffolding, building materials and excavations: charge for occupation of the highway for unreasonable period

      10. Section 69: Scaffolding, building materials and excavations: charge determined by reference to duration of occupation of the highway

      11. Section 71: Guidance to local highway authorities as to safety precautions

   6. Part 6: Civil Enforcement of Traffic Contraventions

      Background

      1. Specific provision for Wales and for London

         1. Section 72: Civil penalties for road traffic contraventions

         2. Section 73 and Schedule 7: Contraventions subject to civil enforcement

         3. Section 74 and Schedule 8: Civil enforcement areas

         4. Section 75: Power to require authority to apply for civil enforcement powers

         5. Section 76: Civil enforcement officers

         6. Section 77 and Schedule 9: Setting the level of penalty charges

         7. Section 78: Notification of penalty charges

         8. Section 79: Immobilisation of vehicle where penalty charge is payable

         9. Section 80: Representations and appeals

         10. Section 81: Adjudicators

         11. Section 82: Enforcement of penalty charges

         12. Section 83: Certificated bailiffs

         13. Section 84 and Schedule 10: Designation of special enforcement areas

         14. Section 85: Prohibition of double parking etc.

         15. Section 86: Prohibition of parking at dropped footways etc.

         16. Section 87: Guidance to local authorities

         17. Section 88: Financial provisions

         18. Section 90: Application to Crown and visiting forces

         19. Section 91 and Schedule 11: Consequential amendments

   7. Part 7: Miscellaneous and General

      1. Section 94: Power to inspect blue badges

      2. Section 95: Application of surplus income from parking places

      3. Section 96: Wales

      4. Section 97: Financial provision

      5. Section 98 and Schedule 12: Repeals

      6. Section 99: Commencement

5. Hansard References