# The Functions of Traffic Wardens (Amendment) Order 1993, Note: Explanatory note


(This note is not part of the Order)
This Order amends the Functions of Traffic Wardens Order 1970 so as to extend the powers exercisable by, and functions of, traffic wardens.
Under article 2, the reference in section 100(3) of the Road Traffic Regulation Act 1984 to a constable includes a reference to a traffic warden. Section 100(3) deals with disposal of a vehicle removed under Regulations made under section 99 of that Act. The Removal and Disposal of Vehicles (Amendment) Regulations 1993 (S.I. 1993/278), which come into force on 1st June 1993, empower a traffic warden to remove vehicles. Article 2 also enables traffic wardens, in carrying out their functions, to exercise the powers conferred on constables by sections 104 and 105 of the 1984 Act. Sections 104 and 105 relate to the power to immobilise vehicles. (By virtue of section 106 of the 1984 Act, these powers of immobilisation are exercisable at present only in parts of London.)
Article 3 enables traffic wardens to exercise the powers conferred on constables by section 164(1), (2) and (6) of the Road Traffic Act 1988 (power to require production of driving licence and in certain cases statement of date of birth) where they have reasonable cause to believe an offence has been committed by stopping a vehicle on a pedestrian crossing in breach of pedestrian crossing regulations or by leaving a vehicle in a dangerous position. Such powers can also be exercised where a traffic warden is performing custodial functions in respect of vehicles removed under regulations made under section 99 of the 1984 Act or from a parking place pursuant to a street parking order and he has reasonable cause to believe that an offence of obstructing a road, or certain other offences, has been committed in respect of the vehicle.
Article 4 of this Order extends the functions of traffic wardens to include, by virtue of paragraph (i), the enforcement of the law with respect to offences of stopping vehicles on pedestrian crossings in breach of pedestrian crossing regulations. By virtue of article 4(ii), wardens can exercise the functions of constables under the fixed penalty scheme in respect of the offences of obstruction of the highway, where the offence is committed in respect of a vehicle, and leaving a vehicle in a dangerous position.

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Source: https://www.legislation.gov.uk/uksi/1993/1334/note (the official version)
Page: https://openlegislation.uk/functions-of-traffic-wardens-amendment-order-1993/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.