Traffic Management Act

The object of the Traffic Management Act 2004 is to improve traffic flow and impart a duty on local authorities to ensure the expeditious movement of traffic. The main points of interest to police officers are the creation of civilian traffic officers (employed by the Highways Agency), civil enforcement officers (employed by the local authority) and the civil enforcement of traffic contraventions.

The function of the traffic officer will be to reduce the amount of time and manpower the police spend on traffic management. It is anticipated that the role of the civil enforcement officers, employed by the local authority, will replace the traffic warden. The Act also covers civil enforcement of traffic contraventions, how local authorities can obtain this and the way in which the penalties are enforced.

The part of the Act relating to traffic officers came into force on October 4, 2004 and these posts have already been piloted in the West Midlands; it is expected that traffic officers will be in force throughout the whole of England by the end of 2005.

The majority of the Traffic Management Act, however, is not yet in force and it is anticipated that it will come into force gradually over the coming months, although it could be some considerable time before all the legislation is implemented.

Traffic officers

The new post of traffic officer is aimed at taking some of the responsibility for traffic management from the police. The traffic officer will be a uniformed on-road officer who will have specific powers. These powers are similar to some of the powers of a constable (with regards to road traffic), although greater restrictions apply. The powers include stop and direct traffic, power to put out temporary traffic signs and any other powers that they are given by legislation. However, before any more special powers can be conferred, they would need to be approved by both Houses of Parliament, and in Wales it would be subject to the National Assembly`s procedure. The further powers would also be subject to the same restrictions as those provided in Section 5 of the Act (which deals with the special powers of a traffic officer and the limitations on their use).

The powers can only be used to assist in traffic movement, prevent damage and danger to persons, objects or the road. As well as being able to use their powers on the roads in their jurisdiction, the Act provides that they can use them in any area of England and Wales as directed by the police or the traffic authority responsible for that road.

This would mean that if there is a serious problem on a main road which is causing traffic congestion elsewhere, then the traffic officer would be able to exercise his/her powers temporarily on the local road under direction of the police or local authority for that particular road.

The Act provides that the traffic officer will take primary direction from a constable but overall responsibility will lie with the Secretary of State and the National Assembly in Wales. The Highways Agency will employ the traffic officers but the Act leaves open the possibility of contracting out. However, they would still take direction as mentioned above.

The Traffic Management Act 2004 makes it an offence to resist, wilfully obstruct, assault, impersonate or give false details to a traffic officer when lawfully demanded.

Civil enforcement for traffic contraventions
T
he civil enforcement of some minor traffic contraventions should remove a large burden from the police service who do not have the time or resources to manage it effectively.

The Act makes provision for the appointment of uniformed civil enforcement officers who will issue penalty charges for any traffic contravention contained in the Act. The enforcement of penalty charges shall firstly be an increase in the amount owing; if no payment or statutory declaration declining responsibility is received, the matter will progress as a county court debt would, in that eventually a certificated b