The Functions of Traffic Wardens Order 1970

1.—(1) This Order may be cited as the Functions of Traffic Wardens Order 1970 and shall come into operation on 1st January 1971. E+W

(2) The Interpretation Act 1889 applies to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.

(3) The Functions of Traffic Wardens Order 1960(1) and the Functions of Traffic Wardens Order 1965(2) are hereby revoked.

(4) This Order shall not extend to Scotland.

Commencement Information

I1 Art. 1 in force at 1.1.1971, see art. 1(1)

2.  In this Order— E+W

“the Act of 1960” and “the Act of 1967” mean respectively the Road Traffic Act 1960 and the Road Traffic Regulation Act 1967;

“street parking place order” means an order made under the Act of 1967 relating to a street parking place;

“traffic order” means an order made under section 1, 5, 6, 9, 11 or 84A of the Act of 1967.

Commencement Information

I2 Art. 2 in force at 1.1.1971, see art. 1(1)

3.—(1) The functions set out in the Schedule to this Order are hereby prescribed as appropriate for discharge by traffic wardens. E+W

(2) For the purposes of the discharge by traffic wardens of such functions, references to a constable or police constable in the following enactments shall include references to a traffic warden—

(a) section 52 of the Metropolitan Police Act 1839 so far as it relates to the giving by the commissioner of directions to constables for preventing obstruction;

(b) section 22 of the local Act of the second and third year of the reign of Queen Victoria, chapter 94, so far as it makes similar provision with respect to the City of London;

(c) sections 14 and 15 of the Act of 1960 (drivers and pedestrians to comply with traffic directions given by police constables);

(d) section 229 of the Act of 1960 (the power of constables to obtain the names and address of pedestrians failing to comply with traffic directions);

(e) section 242 of the Act of 1960 and section 89 of the Act of 1967 (the giving of evidence of an admission by certificate).

[F1 (f) section 100(3) of the Road Traffic Regulation Act 1984 (the interim disposal of vehicles removed under section 99 of that Act);

(g) sections 104 and 105 of the Road Traffic Regulation Act 1984 (the immobilisation of illegally parked vehicles).]

[F2 (h) section 67(3) of the Road Traffic Act 1988 (power to stop vehicles for testing);

(i) section 163 of the Road Traffic Act 1988 (power to stop vehicles).]

(3) For the purposes of the discharge by traffic wardens of the functions set out in the Schedule to this Order, references in section 226(1) of the Act of 1960 to a police constable shall, in so far as it applies to the furnishing of names and addresses, include references to a traffic warden if the traffic warden has reasonable cause to believe that there has been committed and offence—

(a) in respect of a vehicle by its being left or parked on a road during the hours of darkness (as defined by the Road Transport Lighting Act 1957 without the lights or reflectors required by law;

(b) in respect of a vehicle by its obstructing a road, or waiting, or being left or parked, or being loaded or unloaded, in a road;

(c) in contravention of section 14 of the Act of 1960;

(d) in contravention of a provision of the Vehicles (Excise) Act 1962;

(e) created by section 42 of the Act of 1967 (offences relating to parking places on highways where charges made).

[F3 (4) References in section 164(1), (2) and (6) of the Road Traffic Act 1988 to a constable or police constable shall include references to a traffic warden only where—

(a) the traffic warden has reasonable cause to believe that there has been committed an offence by causing a vehicle, or any part of it, to stop in contravention of regulations made under section 25 of the Road Traffic Regulation Act 1984 or an offence in contravention of section 22 of the Road Traffic Act 1988 (leaving vehicles in dangerous positions); or

(b) the traffic warden is employed to perform functions in connection with the custody of vehicles removed from a road or [F4 land in the open air] [F4 other land] in pursuance of regulations made under section 99 of the Road Traffic Regulation Act 1984 or from a parking place in pursuance of a street parking place order, and he has reasonable cause to believe that there has been committed an offence in respect of a vehicle by its obstructing a road, or waiting, or being left or parked, or being loaded or unloaded, in a road.]

Textual Amendments

F1 Art. 3(2)(f)(g) inserted (1.6.1993) by The Functions of Traffic Wardens (Amendment) Order 1993 (S.I. 1993/1334), arts. 1(1), 2

F2 Art. 3(2)(h)(i) inserted (2.12.2002) by The Functions of Traffic Wardens (Amendment) Order 2002 (S.I. 2002/2975), arts. 1(1), 2

F3 Art. 3(4) substituted (1.6.1993) by The Functions of Traffic Wardens (Amendment) Order 1993 (S.I. 1993/1334), arts. 1(1), 3

F4 Words in art. 3(4)(b) substituted (E.) (1.10.2012) by The Protection of Freedoms Act 2012 (Consequential Amendments) Order 2012 (S.I. 2012/2278), arts. 1(1), 3

Commencement Information

I3 Art. 3 in force at 1.1.1971, see art. 1(1)

R. Maudling

One of Her Majesty's Principal Secretaries of State

Home Office

Whitehall

16th December 1970