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22nd August 1975, Page 39
22nd August 1975
Page 39
Page 39, 22nd August 1975 — Meter maids
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Which of the following most accurately describes the problem?

by Les Oldridge, TEng (CEI), MIMI, AMIRTE

TRAFFIC WARDENS are intended to release policemen for their more important role of the protection of life and property and the prevention and detection of crime. This was the thinking behind the introduction of Section 81 of the Road Traffic Regulation Act, 1967, which provides for the appointment of traffic wardens. Wardens are employed by the police authority and act under the direction of the chief of police. They must be adequately qualified and properly trained by the police authority who appoints them.

The Functions of Traffic Wardens Order, 1970, which came into operation on January 1, 1971, increased traffic wardens' powers, but there are still a number of things which they cannot do which a policeman is entitled to do.

They may enforce the law in connection with offences concerning vehicles left on the road at night without proper lights or reflectors; with vehicles obstructing roads or committing offences in connection with waiting or being left or parked, or being loaded or unloaded in a road or other public place; with offences against the Vehicle (Excise) Act; and to enforce the law in parking places on the highway where charges are being made.

An offence

They may operate the fixed penally system, which I will discuss later, carry out duties in connection with street parking places in special circumstances; act as school crossing patrols and be employed on duties in connection with car pounds. They may direct traffic (including pedestrians) and it is an offence not to comply with the signals and directions of a traffic warden in just the same way as if he were a policeman. Wardens cannot direct traffic when they are in a moving vehicle. In other words they can direct traffic when on point duty but cannot be employed as motor patrols.

Traffic wardens may demand the names and addresses of persons when they have reasonable cause to believe that an offence has been committed, being an offence with which they have the power to deal. They can, for example, demand the name and address of a driver who is unloading in a prohibited area or at a prohibited time but cannot demand the name and address of a driver who has been driving carelessly. An offence is committed if the name and address is not given, in the appropriate cases, in just the same way as if a constable was asking for it.

Obstruction

In cases of obstruction and other " parking " offences and where the warden is employed in connection with the custody of vehicles at car pounds he may demand the production of a driver's licence. Unlike a policeman he has no power to demand the production of a certificate of insurance, test certificate or records of hours worked. All these powers only apply when traffic wardens are in uniform; there can be no plain clothes wardens.

Section 80 of the Road Traffic Regulation Act 1967 is the law under which the fixed penalty system operates; the Fixed Penalty (Procedure) (No 2) Regulations, 1974 sets out the manner in which the system works. A standard penalty, normally £2 (£6 in September) is paid to the justices' clerk for minor offences such as contravention of a "No Waiting Order or for staying too long in a street in which a "Limited Waiting" Order is in force.

The policeman or traffic warden gives a " ticket " to the offending motorist or leaves it on his vehicle. The ticket specifies the offence, the amount to be paid and where it is to be paid. The official issuing the ticket is not authorised to accept payment. If the £2 is not paid within 21 days then the offender is prosecuted in a magistrates' court in the ordinary way.

When a driver receives a fixed penalty notice he has the option of paying the £2 penalty or appearing in the court and answering the charge. In most of these cases there is little chance of successfully defending the case so it is better to pay the £2 rather than risk having to pay a higher fine in the court if there is no good defence.

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