Clause 9 - Removal of certain vehicles by traffic officers
Traffic Management Bill
5:00 pm
Mr Nigel Beard (Bexleyheath and Crayford, Labour)
With this it will be convenient to discuss the following:
Amendment No. 157, in
page 5, line 7, at end add—
'(2A) When exercising any powers made under provisions referred to in subsection (1), and before arranging for the removal of a broken-down vehicle, a traffic officer shall grant the driver of the vehicle, where present, a reasonable opportunity to contact a breakdown organisation of their choice and if that organisation confirms to the traffic officer that it will attend the broken-down
vehicle as soon as practicable, then the traffic officer shall allow that organisation a reasonable period in which to attend the aforesaid vehicle.'.
Amendment No. 158, in
page 5, line 7, at end add—
'(2A) Any fee or charge set for the removal of any vehicle under this section shall be reasonable and in line with similar charges applicable in the open market.'.
New clause 20A—Traffic Management Forum—
'(1) The appropriate national authority shall create a Traffic Management Forum.
(2) Membership of the Traffic Management Forum shall comprise representatives from the Department for Transport, the Highways Agency, the Local Government Association, the Association of Chief Police Officers, accredited recovery organisations and such other bodies or persons as the appropriate national authority considers suitable.
(3) The Traffic Management Forum shall prepare a Code of Practice (the Code) to be observed by traffic officers, by accredited recovery organisations and by any organisations providing services equivalent to those provided by accredited recovery organisations (collectively known as rescue and recovery organisations).
(4) The Code shall include guidance on—
(a) the exercise by traffic officers of powers under sections 99 to 102 of the Road Traffic Regulation Act 1984 to remove broken down vehicles;
(b) procedures to be adopted by traffic officers and by rescue and recovery organisations in order to achieve the purposes identified in section 5(3); and
(c) any further and consequential matters that relate to the existence provided by rescue and recovery organisations in the performance by traffic officers of their duties under this Act.
(5) The Traffic Management Forum may from time to time prepare a revised version of the Code.
(6) Before preparing or revising the Code, the Traffic Management Forum shall consult such bodies or persons as it considers appropriate.
(7) After preparing the Code or a revised version of the Code the Traffic Management Forum shall send a copy to the appropriate national authority.
(8) If the appropriate national authority approves it, the Code shall be laid before each House of Parliament and the Code, and any revised version of the Code, shall not come into force until it has been approved by a resolution of each House of Parliament.
(9) The appropriate national authority shall not issue any guidance on the issues detailed in subsection (4) without first consulting the Traffic Management Forum.
(10) For the purposes of this section ''accredited recovery organisations'' shall have the meaning contained in The Greater London (Central Zone) Congestion Charging Order 2001.'.