Traffic Management Act 2004

Moving traffic contraventions E+W

8 (1) A moving traffic contravention is— E+W

(a) an offence under section 36 of the Road Traffic Act 1988 (c. 52) of failing to comply with the indication given by a traffic sign that is subject to civil enforcement (see [F1 paragraphs 8A and] 9), or

(b) an offence of failing to comply with a traffic order in so far as it makes provision for a requirement, restriction or prohibition that is conveyed by a traffic sign subject to civil enforcement.

(2) In sub-paragraph (1)(b) “traffic order” means an order under section 1, 6, 9, 14 or 16A of the Road Traffic Regulation Act 1984 (c. 27).

(3) If conduct is both a moving traffic contravention and a London lorry ban contravention (see Part 3 above), a penalty charge may only be imposed on the latter basis.

(4) If in any other case the same conduct is a moving traffic contravention under sub-paragraph (1)(a) and (b), a penalty charge may be imposed on either basis but not both.

Textual Amendments

F1 Words in Sch. 7 para. 8(1)(a) substituted (31.5.2022) by The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 (S.I. 2022/71), reg. 1(2), Sch. 5 para. 2(2)

Commencement Information

I1 Sch. 7 para. 8 in force at 23.7.2007 for E. by S.I. 2007/2053, arts. 1(2), 2(1)(2)(b) (with art. 4) (as amended (17.3.2008) by S.I. 2008/757, art. 3)

I2 Sch. 7 para. 8(1)(2)(4) in force at 31.3.2008 for W. by S.I. 2007/3174, art. 2, Sch.