Powers

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Traffic officer POWERS:

For the purposes of this Part the special powers of a traffic officer are the following-
1. powers conferred by sections 6 and 7;
2. powers conferred by orders under section 8; and
3. powers conferred by or under any other Act which are expressed to be special powers for the purposes of this section.
The exercise of those powers is subject to the following restrictions.
Those powers may only be exercised for one or more of the following purposes-
1. maintaining or improving the movement of traffic on a relevant road over which the traffic officer has jurisdiction by virtue of section 3;
2. preventing or reducing the effect of anything causing (or which has the potential to cause) congestion or other disruption to the movement of traffic on such a road;
3. avoiding danger to persons or other traffic using such a road (or preventing risks of any such danger arising);
4. preventing damage to, or to anything on or near, such a road; or for a purpose incidental to any of those purposes.
Subject to that, those powers may be exercised-
1. on or in relation to any relevant road over which the traffic officer has jurisdiction to act by virtue of section 3; or
2. if the condition specified in subsection (5) is met, on or in relation to any other road in England and Wales.
The condition is that the traffic officer is acting-
1. at the direction of the chief officer of police for the area in which the road is situated; or
2. with the consent of the traffic authority for the road.
A traffic officer may not exercise his special powers on a road unless he is in uniform.

Powers to stop or direct traffic

This section confers the following powers on a traffic officer-
1. a power, when the traffic officer is engaged in the regulation of traffic in a road, to direct a person driving or propelling a vehicle-
  1. to stop the vehicle, or
  2. to make it proceed in, or keep to, a particular line of traffic;
2. a power, for the purposes of a traffic survey of any description which is being carried out on or in the vicinity of a road, to direct a person driving or propelling a vehicle-
  1. to stop the vehicle, or
  2. to make it proceed in, or keep to, a particular line of traffic, or
  3. to proceed to a particular point on or near the road on which the vehicle is being driven or propelled; (subject to the restriction in section 35(3) of the Road Traffic Act 1988 (c. 52));
3. a power, when the traffic officer is engaged in the regulation of vehicular traffic in a road, to direct persons on foot (or such persons and other traffic) to stop;
4. a power to direct a person driving a mechanically propelled vehicle, or riding a cycle, on a road to stop the vehicle or cycle.
In section 35 of the Road Traffic Act 1988 (drivers to comply with traffic directions)-
1. in subsection (1)-
  1. after "a constable" there is inserted "or traffic officer";
  2. after "duty" there is inserted "or the traffic officer (as the case may be)";
2. in subsection (2)(b) after "constable" there is inserted "or traffic officer".
In section 37 of that Act (directions to pedestrians)-
1. after "uniform" there is inserted "or traffic officer";
2. after "duty" there is inserted "or the traffic officer (as the case may be)".
In section 163 of that Act (power of police to stop vehicles), in subsections (1) and (2) after "uniform" there is inserted "or a traffic officer".
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences under the Traffic Acts), in column 5 of the entry relating to section 35 of the Road Traffic Act 1988 after "constable" there is inserted ", traffic officer".

Powers to place temporary traffic signs

A traffic officer has the powers of a constable under section 67(1) of the Road Traffic Regulation Act 1984 (c. 27) (power in the case of emergencies and temporary obstructions etc. to place and temporarily maintain traffic signs on a road or on any structure on a road).
The references in section 67(1) and (2) to powers conferred by subsection (1) of that section include a reference to the corresponding powers of a traffic officer by virtue of this section.

Power to confer further special powers on traffic officers

The appropriate national authority may by order made by statutory instrument confer further special powers on traffic officers.
The national authority may not confer a further special power on traffic officers unless it is satisfied that the power is necessary for the purpose of facilitating the performance of any duties which may be assigned to traffic officers.
The order may-
1. provide for the enforcement of any special power conferred by the order (whether by the creation of a summary offence or otherwise);
2. make supplemental, incidental, transitional or consequential provision (including provision amending any Act or subordinate legislation).
An order under this section may not be made by the Secretary of State unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

Highways Agency to get extra powers
30 November 2007
Officials will get same powers as police
Obstructions will be removed from motorways
Plans open for consultation for 12 weeks
Highways Agency officials could be given the same powers as police officers to remove vehicles acusing an obstruction or posing a safety hazard.
The plan, which is out for public consultation, is specifically aimed at clearing obstructions from motorways and A-roads.
Derek Turner, director of traffic operations at the Highways Agency, said: 'These powers, which would apply at all but the most serious police-led incidents, are an extension of the work already being done around the clock to improve safety.'
The consultation period is open for 12 weeks, until February 15, 2008.
Anyone interested in making a comment should contact the Highways Agency via its website.
30 November 2007 view more news view the thread on this view the article
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Removal of certain vehicles by traffic officers

The power to make regulations under section 99 of the Road Traffic Regulation Act 1984 (c. 27) includes, in relation to the removal of vehicles by traffic officers, power to make consequential provision.

The provision which may be made by virtue of subsection (1) includes in particular provision-
1. amending, or
2. applying in relation to vehicles removed by traffic officers (with or without modifications),
any provision of sections 100 to 102 of that Act (disposal of vehicles removed under section 99).
Offences
1. A person who assaults a traffic officer in the execution of his duties is guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale (or both).
2. A person who resists or wilfully obstructs a traffic officer in the execution of his duties is guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 3 on the standard scale (or both).
3. A person who, with intent to deceive-
  1. impersonates a traffic officer,
  2. makes any statement or does any act calculated falsely to suggest that he is a traffic officer, or
  3. makes any statement or does any act calculated falsely to suggest that he has powers as a traffic officer that exceed the powers he actually has,
  is guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale (or both).
4. A person to whom this subsection applies who fails to give his name and address to a traffic officer in uniform on being required to do so by that officer is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
5. Subsection (4) applies to a person whom the traffic officer reasonably believes to have been the driver of a vehicle at a time of a failure to comply with-
  1. a direction given in relation to that vehicle under a power conferred by section 6, or
  2. the indication given by a traffic sign placed under a power conferred by section 7.
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The Traffic Officer's 2007 CALENDAR!!
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Print out this colossal calendar of Traffic Officer mayhem and have a chuckle through the coming year of 2007. John Child, a LONDON graphic designer, kindly put this calendar together for us and has promised to pen a couple of Traffic Officer cartoons in the not too distant future as well!
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You will need to have 'Acrobat Reader' to successfully download the calendar as it is in PDF format. If you don't have acrobat reader already then please click on the red adobe icon to get it absolutely FREE!!
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What do YOU think of the Traffic Officer's calendar?
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www.sussex.police.uk/foi/downloads/559 <<53k
nationaltraffic.co.uk/559 <53k
both above downloads offer the same file that lists ALL indictable offences, now why should you CARE?
Can I make a citizen's arrest?
Arrests can be made by people other than the police but should be approached with caution as legally it is a tricky area and potentially dangerous. The police do not actively encourage people to make citizen's arrests and the circumstances of the arrest can be examined in detail if the case goes to court. There is more legal information concerning citizen's arrests on a website called K-Zone set up by a final-year law student.
The right to make a citizen's arrest comes under section 3(1) of the Criminal Law Act 1967 which says:
"A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large."
The crime must be an 'indictable offence', i.e. a serious offence which could be tried in a crown court.
Another way to think of indictable offences is as crimes that can result in long prison sentences.
Examples of indictable offences are theft, burglary and criminal damage. So, drink-driving would not qualify as it is an offence which would be tried in a magistrates court and only result in a maximum sentence of six months.
You can make an arrest if:
- You see someone committing an 'indictable offence'
- You are certain that someone has already committed an 'indictable offence'
For the arrest to be completed you need to inform the person that they are under arrest and restrain them - you don't have to physically restrain them but they must be under your control. If you tell someone that they are under arrest and they run away then the arrest has not been completed.
However, if you arrest a person who is later judged by the police or the courts not to have committed a 'serious offence' then your arrest may be unlawful.
If you have made an arrest using 'reasonable force' but the arrest is later judged to be unlawful then criminal charges can be brought against you. If you seriously injure the person being arrested then they can bring criminal charges against you regardless of the outcome of the arrest.
As soon as you have made an arrest you must alert the police. Then you must either hand the arrested person over to a policeman in the street or take them to a police station as soon as possible.
However, the most important thing to consider when deciding whether to make a citizen's arrest is your own safety. If you are in any doubt then you should not put yourself at risk.
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