The Functions of Traffic Wardens (Scotland) Order 1999

Article 3

SCHEDULE FUNCTIONS OF TRAFFIC WARDENS

1.—(1) Traffic wardens may be employed to enforce the law with respect to an offence–

(a) committed in respect of a vehicle by its being left or parked on a road during the hours of darkness (as defined by the Road Vehicles Lighting Regulations 1989) without the lights or reflectors required by law;

(b) committed 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 or other public place;

(c) committed in contravention of section 33(1) of the Vehicles Excise and Registration Act 1994;

(d) created by section 47 of the 1984 Act (offences relating to designated parking places); or

(e) committed by causing a vehicle, or any part of it, to stop in contravention of regulations made under section 25 of the 1984 Act (pedestrian crossing regulations).

(2) For the purposes of the enforcement of the law with respect to such of the offences described in sub-paragraph (1) of this paragraph as are fixed penalty offences within the meaning of section 51 of the Road Traffic Offenders Act 1988(1), traffic wardens may exercise the functions conferred on constables by Part III of the Road Traffic Offenders Act 1988.

2.—(1) Traffic wardens may, under arrangements made with a local authority or the Secretary of State, be employed to act as parking attendants at street parking places provided or controlled by a local authority or the Secretary of State.

(2) A traffic warden may exercise functions conferred on a traffic warden by a traffic order or a street parking place order.

3.  Without prejudice to the generality of paragraph 1 above, traffic wardens may be employed in connection with obtaining information under–

(a) section 112 of the 1984 Act (information as to identity of driver or rider)(2); and

(b) section 172 of the 1988 Act (duty to give information as to identity of driver, etc., in certain cases).

4.  Traffic wardens may be employed to perform functions in connection with the custody of vehicles removed from a road or land in the open air in pursuance of regulations under section 99 of the 1984 Act or from a parking place in pursuance of a street parking place order.

5.  Where a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(3) provides school crossing patrols under section 26 of the 1984 Act (arrangements for patrolling school crossings)(4) traffic wardens appointed by or on behalf of the council may be employed to act as school crossing patrols.

6.—(1) Subject to the foregoing paragraphs, traffic wardens may be employed in the control and regulation of traffic (including foot passengers) or vehicles whether on a road or not and to discharge any other functions normally undertaken by the police in connection with the control and regulation of traffic (including foot passengers) or vehicles.

(2) Nothing in this paragraph shall permit the functions described in sub-paragraph (1) to be exercised by a traffic warden who is in a moving vehicle.

(1)

1988 c. 53.

(2)

Section 112 was amended by the Parking Act 1989 (c. 16), Schedule, paragraph 6.

(3)

1994 c. 39.

(4)

Section 26 was amended by the Local Government Act 1985 (c. 51), Schedule 5, paragraph 4(10), by the Local Government etc. (Scotland) Act 1994 (c. 39), Schedule 13, paragraph 134(3) and Schedule 14 and by S.I. 1996/323, article 4 and Schedule 2.