Complete guide to highway works compliance
- 2 steps
UK Act of Parliament
2004
United Kingdom
Traffic Management Act 2004
At a glance
Enforced by
What's here
20 compliance obligations, 2 practical guides · 2 journeys · 2 statutory instruments
Penalty landscape
5 of 20 obligations carry an unlimited fine. 6 carry different penalties and 9 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 8
- Contractor 3
- Director or Officer 1
- Employee 1
- Statutory Undertaker 1
Plus 6 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
Highway works quick compliance check
- 2 steps
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Direct — cites this Act
1 guidesSupporting — topic alignment
1 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 749 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 110 duties
- Licensing Act 2003 2003 105 duties
- Merchant Shipping Act 1995 1995 97 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 86 duties
Contractors also bound by 56 other Acts (top 5 shown)
- Construction (Design and Management) Regulations 2015 2015 360 duties
- The Income Tax (Sub-contractors in the Construction Industry) Regulations 1993 1993 19 duties
- Building Regulations (Northern Ireland) 2000 2000 17 duties
- Building Regulations (Northern Ireland) 2012 2012 15 duties
- Work in Compressed Air Regulations 1996 1996 14 duties
Directors and Officers also bound by 224 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 75 duties
- Companies Act 2006 2006 63 duties
- Insolvency Act 1986 1986 46 duties
- CCBSA 2014 2014 22 duties
- CAICEA 2004 2004 18 duties
Employees also bound by 53 other Acts (top 5 shown)
- Employment Rights (Northern Ireland) Order 1996 (current NI employment law) 1996 13 duties
- The Income Tax (Pay As You Earn) Regulations 2003 2003 10 duties
- Shared Parental Leave Regulations 2014 2014 10 duties
- Paternity and Adoption Leave Regulations 2002 2002 9 duties
- Fire Safety (Scotland) Regulations 2006 2006 5 duties
Statutory Undertakers also bound by 21 other Acts (top 5 shown)
- Water and Sewerage Services (Northern Ireland) Order 2006 2006 43 duties
- Water Industry Act 1991 1991 38 duties
- The Street Works (Northern Ireland) Order 1995 1995 13 duties
- The Water Supply (Water Quality) Regulations 2000 2000 12 duties
- New Roads and Street Works Act 1991 1991 11 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — Traffic Officers
Powers to direct traffic officers
- Traffic officers must follow directions from the police and national authorities Employee
Offences
51 weeks imprisonment- Assault a traffic officer Any Person
Browse 13 other sections in this Part — procedural / definitional / commencement
Traffic officers: introduction
Designation of traffic officers
Jurisdiction of traffic officers
The special powers of a traffic officer
Powers to stop or direct traffic
Powers to place temporary traffic signs
Power to confer further special powers on traffic officers
Removal of certain vehicles by traffic officers
Uniform
Power to charge for traffic officer services provided on request
Power to acquire land
Financial assistance to authorised persons
Interpretation of Part 1
Part 2 — Network management by local traffic authorities and strategic highways companies
Arrangements for network management
Other duties (1) — Crown / regulator
- Local authorities must appoint a traffic manager and manage road congestion Local authority
Criteria for making intervention orders
Other duties (1) — Crown / regulator
- Secretary of State must provide guidance on traffic intervention criteria Crown / Minister / Government department
Guidance to traffic directors
- Traffic directors must follow guidance from the national authority Director or Officer
Recovery of costs from network management authorities
Other duties (1) — Crown / regulator
- National authority may recover traffic director costs from local authorities Crown / Minister / Government department
Browse 12 other sections in this Part — procedural / definitional / commencement
The network management duty
Guidance to network management authorities
Power to require information relating to network management
Intervention notices
Intervention orders
Appointment of traffic director: supplementary
Monitoring and reporting
Intervention in activities of network management authority
Exercise of network management authority functions
Application of sections 20 to 25 to network management authorities exercising functions jointly
Traffic directors in London
Interpretation of Part 2
Part 3 — Permit Schemes
Preparation of permit schemes
Other duties (1) — Crown / regulator
- Highways authorities and Crown must follow regulations when creating permit schemes Statutory regulator
Permit regulations
Unlimited fine- Carry out street works without a permit or breach permit conditions Contractor
Browse 7 other sections in this Part — procedural / definitional / commencement
Meaning of “permit scheme”
Implementation of permit schemes of strategic highway companies and local highway authorities in England
Implementation of local highway authority permit schemes : Wales
Implementation of other permit schemes
Variation and revocation of permit schemes
Crown application
Interpretation of Part 3
Part 4 — Street works
Increase in penalties for summary offences under 1991 Act
Unlimited fine- Fail to comply with street work regulations and safety duties Contractor
Directions as to placing of apparatus
Unlimited fine- Carry out street works against authority direction Any Person
Duty to inspect records
Unlimited fine- Fail to inspect statutory records before street works Any Person
Notices of street works
Fine up to £2,500- Fail to give required notice after earlier notice lapses Any Person
Contributions to costs of re-surfacing by undertaker
- Pay a share of street re-surfacing costs to other undertakers Statutory Undertaker
Browse 15 other sections in this Part — procedural / definitional / commencement
Fixed penalty offences
Duty of street authority to co-ordinate works
Directions relating to timing of street works
The street works register
Records of location of apparatus
Duties relating to the location of unexpected apparatus
Qualifications of supervisors and operatives
Restriction on works following substantial road works
Restriction on works following substantial street works
Notices requiring remedial works relating to reinstatements
Duty to notify street authority of reinstatement
Power of street authority to require undertaker to re-surface street
Re-surfacing: regulations and guidance
Inspection fees
Guidance about inspections
Part 5 — Highways and roads
Duty of strategic highways company or local highway authority to keep records of objects in highway
Other duties (1) — Crown / regulator
- National authorities may require highway companies to keep records of objects Crown / Minister / Government department
Browse 11 other sections in this Part — procedural / definitional / commencement
Strategic roads in London: initial designation by Secretary of State
Orders of the Greater London Authority changing what are strategic roads
London borough council exercising powers under Highways Act 1980 so as to affect strategic roads
London borough council exercising powers under Road Traffic Regulation Act 1984 so as to affect strategic roads
Fixed penalty offences under the Highways Act 1980
Builders' skips: charge for occupation of highway for unreasonable period
Builders' skips: charge determined by reference to duration of occupation of highway
Scaffolding, building materials and excavations: charge for occupation of highway for unreasonable period
Scaffolding, building materials and excavations: charge determined by reference to duration of occupation of highway
Sections 66 to 69: supplementary
Guidance to local highway authorities as to safety precautions
Part 6 — Civil enforcement of traffic contraventions
Civil penalties for road traffic contraventions
- Violate road traffic civil enforcement regulations Any Person
Immobilisation of vehicle where penalty charge payable
Fine up to £500- Interfere with immobilisation device notice Any Person
Representations and appeals
Fine up to £500- Fail to comply with adjudicator’s attendance or document request Any Person
Guidance to local authorities
Other duties (1) — Crown / regulator
- Local authorities must follow national guidance on traffic enforcement Local authority
Browse 20 other sections in this Part — procedural / definitional / commencement
Contraventions subject to civil enforcement
Civil enforcement areas
Power to require authority to apply for civil enforcement powers
Civil enforcement officers
Setting the level of penalty charges
Notification of penalty charge
Notification of penalty charge: parking contraventions in England
Adjudicators
Enforcement of penalty charges
Certificated bailiffs
Designation of special enforcement areas
Prohibition of double parking etc.
Prohibition of parking at dropped footways etc.
Power to prohibit use of devices etc : parking contraventions in England
Financial provisions
Regulations and orders
Application to Crown and visiting forces
Consequential amendments
Minor definitions
Index of defined expressions
Part 7 — Miscellaneous and General
Power to inspect blue badges
6 months imprisonment- Fail to produce a blue badge on demand Any Person
Browse 6 other sections in this Part — procedural / definitional / commencement
Application of surplus income from parking places
Wales
Financial provision
Repeals
Commencement, transitionals and savings
Short title and extent
Schedules
Schedule 3A to the New Roads and Street Works Act 1991
Unlimited fine- Carry out street works against authority direction Contractor
Browse 11 other Schedules — structural / supplementary
Schedule 4A to the New Roads and Street Works Act 1991
Schedule 4B to the New Roads and Street Works Act 1991
Schedule 22A to the Highways Act 1980
Schedule 22B to the Highways Act 1980
Civil enforcement areas and enforcement authorities
Civil enforcement: special enforcement areas
Repeals
Increase in maximum fines for certain summary offences under the 1991 Act
Road traffic contraventions subject to civil enforcement
Civil enforcement: setting the level of charges
Civil enforcement: consequential amendments
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Street works qualifications in England: guidance for operatives and supervisors (opens in a new tab) Publication
- National Highways - working on our network (opens in a new tab) Detailed Guidance
- Traffic Signs Manual Chapter 8 (DfT) (opens in a new tab) Publication
- Design Manual for Roads and Bridges (DMRB) (opens in a new tab) Detailed Guidance
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Government company responsible for operating, maintaining, and improving England's strategic road network (motorways and major A-roads). Sets standards for highway design, construction, …
Connected legislation
2 statutory instruments
These instruments amend, apply, or refer to this Act. They may not all create direct business obligations.
Secondary legislation (2)
Explore more
Browse legislation
Find other UK business legislation with related guidance.
Regulators
Learn more about the bodies that enforce this legislation.