Traffic Management Act 2004
What this means for your business
- Enforced by
- Mining Remediation Authority, National Highways, Natural England
- Applies to
- United Kingdom
- On this page
- 7 compliance obligations, 2 practical guides
What you must do
7 compliance obligations under this legislation — 2 can result in imprisonment.
Offences and prohibitions 7
Assault a traffic officer
51 weeks imprisonmentIf anyone assaults a traffic officer while they are carrying out their duties, they commit a criminal offence. On conviction in the magistrates’ court the offender can be sentenced to up to 51 weeks in prison, an unlimited fine or both.
Carry out street works against authority direction
Unlimited fineIf you start street works before the start‑date set by the street authority, or carry out any other works in the same part of the highway before the authorised works are finished, you breach a direction. This is a criminal offence. On a summary conviction you face an unlimited fine (level 5 on the standard scale) payable in the Magistrates’ Court.
Carry out street works against authority direction
Unlimited fineIf your company (as an undertaker) carries out street works that involve placing apparatus in a street after a local authority has issued a direction not to do so, you commit a criminal offence. The offence is tried in the Magistrates' Court and can result in an unlimited fine. No prison term is prescribed for this breach.
Fail to comply with adjudicator’s attendance or document request
Fine up to £500If you are ordered by an adjudicator to attend a hearing or produce documents for an appeal and you do not do so, you commit a criminal offence. On conviction in the magistrates’ court you face a fine of up to £500.
Fail to give required notice after earlier notice lapses
Fine up to £2,500If you (as the contractor or 'undertaker' carrying out street works) have given an advance notice that later stops being effective, you must send a new notice within the prescribed time. Failing to do so is a criminal offence. On conviction in the Magistrates' Court you face a fine of up to £2,500.
Fail to produce a blue badge on demand
6 months imprisonmentIf a traffic warden, civil enforcement officer or parking attendant asks you (or anyone in your vehicle) to show a disabled‑person’s blue badge and you do not produce it without a reasonable excuse, you commit a criminal offence. This applies to any business‑owned vehicle that displays a blue badge. On conviction you face a fine (unlimited on summary conviction) and, in serious cases, a short custodial sentence.
Interfere with immobilisation device notice
Fine up to £500If you remove or tamper with the notice that is attached to a vehicle with an immobilisation device, you are committing an offence. On conviction in the Magistrates' Court you can be fined up to £500.
Penalties for non-compliance
7 penalties under this legislation. 2 can result in imprisonment. 4 carry an unlimited fine.
Assault a traffic officer
Unlimited fine and/or 51 weeks imprisonment
Fail to produce a blue badge on demand
Unlimited fine and/or 6 months imprisonment
Carry out street works against authority direction
Unlimited fine
Carry out street works against authority direction
Unlimited fine
Fail to give required notice after earlier notice lapses
Fine up to £2,500
Fail to comply with adjudicator’s attendance or document request
Fine up to £500
Interfere with immobilisation device notice
Fine up to £500
Practical guidance
Our guides explain how to comply with the requirements above.
Carry out works affecting the strategic road network
How to obtain National Highways approval before carrying out works on or adjacent to motorways and trunk roads in England. …
Set up traffic management for road works
How to plan and set up traffic management for road works in England, Wales, and Scotland. Covers Chapter 8 signing …
Sections and provisions
115 classified provisions from this legislation.
Duties 8
- s.4 Powers to direct traffic officers
- s.17 Arrangements for network management The authority
- s.27 Criteria for making intervention orders
- s.28 Guidance to traffic directors
- s.30 Recovery of costs from network management authorities The amount recovered
- s.33 Preparation of permit schemes
- s.65 Duty of strategic highways company or local highway authority to keep records of objects in highway strategic highways company or …
- s.87 Guidance to local authorities matter relating
Offences and penalties 11
- s.10 Offences
- s.37 Permit regulations
- s.40 Increase in penalties for summary offences under 1991 Act
- s.44 Directions as to placing of apparatus
- s.48 Duty to inspect records
- s.49 Notices of street works
- s.72 Civil penalties for road traffic contraventions
- s.79 Immobilisation of vehicle where penalty charge payable
- s.80 Representations and appeals
- s.94 Power to inspect blue badges
- Schedule 4 Schedule 3A to the New Roads and Street Works Act 1991
Powers 40
- s.2 Designation of traffic officers
- Schedule 3 Schedule 4B to the New Roads and Street Works Act 1991
- Schedule 6 Schedule 22B to the Highways Act 1980
- s.6 Powers to stop or direct traffic
- s.8 Power to confer further special powers on traffic officers
- Schedule 8 Civil enforcement areas and enforcement authorities
- s.9 Removal of certain vehicles by traffic officers
- Schedule 10 Civil enforcement: special enforcement areas
- s.11 Uniform
- s.12 Power to charge for traffic officer services provided on request
- s.13 Power to acquire land
- s.14 Financial assistance to authorised persons
- s.16 The network management duty
- s.18 Guidance to network management authorities
- s.19 Power to require information relating to network management
- s.20 Intervention notices
- s.23 Monitoring and reporting
- s.24 Intervention in activities of network management authority
- s.25 Exercise of network management authority functions
- s.26 Application of sections 20 to 25 to network management authorities exercising functions jointly
- ... and 20 more powers
Definitions 12
- s.1 Traffic officers: introduction
- s.5 The special powers of a traffic officer
- s.15 Interpretation of Part 1
- s.21 Intervention orders
- s.31 Interpretation of Part 2
- s.32 Meaning of “permit scheme”
- s.39 Interpretation of Part 3
- s.73 Contraventions subject to civil enforcement
- s.76 Civil enforcement officers
- s.85 Prohibition of double parking etc.
- s.92 Minor definitions
- s.93 Index of defined expressions
Exemptions 8
- s.3 Jurisdiction of traffic officers
- Schedule 12 Repeals
- s.67 Builders' skips: charge determined by reference to duration of occupation of highway
- s.69 Scaffolding, building materials and excavations: charge determined by reference to duration of occupation of highway
- s.78A Notification of penalty charge: parking contraventions in England
- s.86 Prohibition of parking at dropped footways etc.
- s.90 Application to Crown and visiting forces
- Schedule 7 Road traffic contraventions subject to civil enforcement