Transport Act 1968

131 Enforcement-fixed penalties and traffic wardens

(1) In subsection (1) of section 80 of the principal Act (which provides for the provisions of that section with respect to punishment without prosecution to apply, subject to the proviso to that subsection, to the offences specified in paragraphs (a) to (c) thereof)—

(a) in paragraph (a) (which specifies the offence committed in respect of a vehicle by its being left or parked on a road during the hours of darkness without the lights or reflectors required by law), the words " left or parked " shall cease to have effect;

(b) at the end of paragraph (c) there shall be inserted the words “or

(d) by its being used in contravention of any provision of an order made or having effect as if made under section 1, 6 or 9, or of regulations made or having effect as if made under section 11, of this Act, being a provision—

(i) as to the route to be followed by vehicles of the class to which that vehicle belongs; or

(ii) as to roads which are not to be used for traffic by such vehicles ; or

(iii) as to the places where such vehicles may not turn so as to face in the opposite direction to that in which they were proceeding or as to the conditions under which such vehicles may so turn; or

(e) by any such use of the vehicle in contravention of section 64(2) of the [1960 c. 16.] Road Traffic Act 1960 (which relates to the contravention of construction and use regulations) as the Secretary of State may by order specify, not being a use which constitutes an offence specified in Part II of Schedule 1 to the [1962 c. 59.] Road Traffic Act 1962 (which relates to offences involving disqualification) ; or

(f) by its being used or kept on a public road within the meaning of the [1962 c. 13.] Vehicles (Excise) Act 1962 without a licence under that Act being exhibited on the vehicle in the manner prescribed under that Act”.

(2) In subsection (5) of the said section 80 (which provides for payment of a fixed penalty under that section to be made to such justices' clerk within the meaning of section 27 of the [1949 c. 101.] Justices of the Peace Act 1949 as may be prescribed) at the end there shall be added the words " and where, in England or Wales, by virtue of regulations made for the purposes of this subsection, a justices' clerk for a petty sessions area comprised in the area of one responsible authority within the meaning of the said section 27 discharges functions in connection with a fixed penalty for an offence alleged to have been committed in a petty sessions area comprised in the area of another such authority—

(a) that other authority shall make to the first-mentioned authority such payment in connection with the discharge of those functions as may be agreed between them or, in default of such agreement, as may be determined by the Secretary of State ; and

(b) any such payment between responsible authorities shall be taken into account in determining for the purposes of subsection (2) of the said section 27 the net cost to those authorities respectively of the functions referred to in that subsection ".

(3) In subsection (6) of the said section 80 (which provides that a notice under subsection (2) of that section shall specify the offence alleged, and give such particulars of the offence as are necessary for giving reasonable information of the allegation) for the words from " specify " to " allegation " there shall be substituted the words " give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information thereof ".

(4) In subsection (1) of section 81 of the principal Act (by virtue of which traffic wardens may be appointed to discharge in aid of the police such functions normally undertaken by the police in connection with the control and regulation of road traffic or with the enforcement of the law relating to road traffic as may be prescribed by an order under subsection (3) of that section) for the words from " in connection " to " relating to road traffic " there shall be substituted the words " in connection with the control and regulation of, or the enforcement of the law relating to, traffic (including foot passengers) or vehicles ".

(5) In subsection (2) of the said section 81, for the words " road traffic or road vehicles" there shall be substituted the words " traffic (including foot passengers) or vehicles ".

(6) After subsection (4) of the said section 81 there shall be inserted the following subsections:—

“(4A) An order under subsection (3) above may provide that, for the purposes of any functions which traffic wardens are authorised to discharge by the order and subject to the provisions of subsection (4B) below, references to a constable or police constable in all or any of the following enactments shall include references to a traffic warden, that is to say—

(a) section 52 of the [1839 c. 47.] 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) in the [1960 c. 16.] Road Traffic Act 1960—

(i) sections 14 and 15 (which relate to compliance with traffic directions given by police constables);

(ii) section 223 (which relates to the power of a constable to stop vehicles);

(iii) section 225(1) and (4) (which relate to the power of a constable to require the production of a driving licence in certain circumstances);

(iv) sections 226 and 229 (which relate to the powers of constables to obtain names and addresses of drivers and others and to require production of evidence of insurance or security and test certificates) ;

(v) section 242 (which relates to the giving of certain evidence by certificate);

(d) section 89 of this Act.

(4B) Any power of a constable for the purposes of the following provisions of the Road Traffic Act .1960, namely, sections 223 , 225(1) and (4) and 226, shall be exercisable by a traffic warden under an order made by virtue of subsection (4A) above only where—

(a) the traffic warden is assisting a constable; or

(b) the traffic warden has reasonable cause to believe that an offence has been committed of a description specified in relation to the section in question for the purposes of this paragraph by the order and, in the case of a power for the purposes of the said section 226, the order authorises the use of that power in relation to that offence; or

(c) in the case of a power for the purposes of the said section 223, the traffic warden is exercising functions in connection with the control and regulation of traffic (including foot passengers) or vehicles.”