The Functions of Traffic Wardens (Scotland) Order 1999

Explanatory Note

(This note is not part of the Order)

This Order revokes and replaces the Functions of Traffic Wardens (Scotland) Order 1971 relating to the functions of traffic wardens in Scotland.

Article 3 and the Schedule prescribe the functions which are appropriate for discharge by traffic wardens.

Article 3(2) provides that for the purposes of the discharge of the functions of traffic wardens, references in specified enactments to a constable or police constable shall include references to a traffic warden.

The specified enactments are–

(a) section 100(3) of the Road Traffic Regulation Act 1984 (“the 1984 Act”). Section 100(3) deals with disposal of a vehicle removed under Regulations made under section 99 of that Act. The Removal and Disposal of Vehicles (Scotland) Amendment Regulations 1999 (S.I. 1999/490), which come into force on 24th March 1999, empower a traffic warden to remove vehicles;

(b) sections 104 and 105 of the 1984 Act. This enables traffic wardens, in carrying out their functions, to exercise the powers conferred on constables by sections 104 and 105 of the 1984 Act. Sections 104 and 105 relate to the power to immobilise vehicles;

(c) section 35(1) of the Road Traffic Act 1988 (“the 1988 Act”) which requires drivers to comply with traffic directions given by the police constables;

(d) section 37 of the 1988 Act which requires pedestrians to comply with directions given by constables who are regulating vehicular traffic in a road;

(e) section 169 of the 1988 Act which empowers a constable to require a person committing an offence under section 37 of that Act to give his name and address.

Article 3(3) provides that the power of a constable for the purposes of section 165(1) of the 1988 Act, in relation to the furnishing of names and addresses, shall be exercisable by a traffic warden if the warden has reasonable cause to believe there has been committed any of the offences specified.

Article 3(4) enables traffic wardens to exercise the powers conferred on constables by section 164(1) and (2) of the 1988 Act (power to require production of driving licence and in certain cases statement of date of birth) where they have reasonable cause to believe an offence has been committed by stopping a vehicle on a pedestrian crossing in breach of pedestrian crossing regulations or by leaving a vehicle in a dangerous position. Such powers can also be exercised where a traffic warden is performing custodial functions in respect of vehicles removed under regulations made under section 99 of the 1984 Act or from a parking place pursuant to a street parking order and he has reasonable cause to believe that an offence of obstructing a road, or certain other offences, has been committed in respect of the vehicle.

Paragraph 1 of the Schedule to the order specifies various offences in relation to vehicles left or parked on a road which may be enforced by traffic wardens.

Paragraph 2(1) authorises traffic wardens to be employed as parking attendants at street parking places.

Paragraph 2(2) provides for the exercise of functions conferred on traffic wardens by traffic orders or street parking place orders.

Paragraph 3 authorises traffic wardens to be employed in obtaining information as to the identity of drivers under section 112 of the 1984 Act or section 172 of the 1988 Act.

Paragraph 4 enables traffic wardens to be employed to perform functions in connection with the custody of vehicles removed from a road or land in the open air in pursuance of regulations under section 99 of the 1984 Act or from a parking place in pursuance of a street parking place order.

Paragraph 5 permits traffic wardens to be employed to act as school crossing patrols.

Paragraph 6 permits traffic wardens to be employed in the control and regulation of traffic.

The Order essentially re-enacts the 1971 Order but makes the following substantive amendments.

The provisions of article 3(4) represent an extension of powers previously available to traffic wardens in Scotland. This provision allows wardens to require production of a driving licence and in certain cases statement of date of birth where they have reasonable cause to believe an offence has been committed by stopping a vehicle on a pedestrian crossing in breach of pedestrian regulations or by leaving a vehicle in a dangerous position. It also allows the warden to require information in relation to removal of vehicles.

The prescribed functions in the Schedule also reflect these changes by providing that traffic wardens may enforce offences committed by a vehicle stopping in contravention of pedestrian crossing regulations (paragraph 1(1)(e) of the Schedule) and may be employed to perform functions in connection with the custody of vehicles removed in pursuance of regulations under section 99 of the 1984 Act or from a parking place in pursuance of a street parking place order (paragraph 4 of the Schedule).

Paragraph 1(2) of the Schedule also extends the powers of traffic wardens by providing that they may exercise the functions of constables under the fixed penalty scheme under the Road Traffic Offenders Act 1988 in respect of the offences of obstruction of the highway, where the offence is committed in respect of a vehicle, and leaving a vehicle in a dangerous position.