Traffic Management Act 2004

5 The special powers of a traffic officer E+W

(1) For the purposes of this Part the special powers of a traffic officer are the following—

(a) powers conferred by sections 6 and 7;

(b) powers conferred by orders under section 8; and

(c) powers conferred by or under any other Act which are expressed to be special powers for the purposes of this section.

(2) The exercise of those powers is subject to the following restrictions.

(3) Those powers may only be exercised for one or more of the following purposes—

(a) maintaining or improving the movement of traffic on a relevant road over which the traffic officer has jurisdiction by virtue of section 3;

(b) preventing or reducing the effect of anything causing (or which has the potential to cause) congestion or other disruption to the movement of traffic on such a road;

(c) avoiding danger to persons or other traffic using such a road (or preventing risks of any such danger arising);

(d) preventing damage to, or to anything on or near, such a road;

or for a purpose incidental to any of those purposes.

(4) Subject to that, those powers may be exercised—

(a) on or in relation to any relevant road over which the traffic officer has jurisdiction to act by virtue of section 3; or

(b) if the condition specified in subsection (5) is met, on or in relation to any other road in England and Wales.

(5) The condition is that the traffic officer is acting—

(a) at the direction of the chief officer of police for the area in which the road is situated; or

(b) with the consent of the traffic authority for the road.

(6) A traffic officer may not exercise his special powers on a road unless he is in uniform.

Commencement Information

I1 S. 5 in force at 4.10.2004 for E. by S.I. 2004/2380, art. 2(a)

I2 S. 5(1)-(3) (6) in force at 1.5.2009 for W. by S.I. 2009/1095, art. 2(a)

I3 S. 5(4)(5) in force at 26.10.2006 for W. by S.I. 2006/2826, art. 2(1)(2)(a)