Commentary on Sections Part 1: Traffic Officers.Background Section 5: The special powers of a traffic officer
25.Section 5 sets out restrictions and limitations on the exercise of traffic officers’ constabulary-type powers, referred to as “special powers”. Those special powers are the power to stop and direct traffic, power to place temporary traffic signs, and any other constabulary-type power which they may be given by legislation.
26.These powers may only be used to assist traffic movement, avoid danger to persons or traffic or prevent damage to the road or anything on or near the road or for incidental purposes.
27.Traffic officers would be able to use their special powers on roads within their jurisdiction. They would also be able to use their special powers on any other roads in England and Wales provided they were acting under the direction of the police for the area in which the road is situated or with the consent of the traffic authority for the road.
28.In practice, this means, for example, that although traffic officers’ jurisdiction is to be on the national authority’s roads, where an accident on such a road results in significant impact on traffic elsewhere, or where advance warnings need to be in place quickly on approach roads to warn traffic of problems on the national authority’s road, traffic officers might be asked to operate temporarily on a local road at the direction of the police, or with agreement of the local highway authority. It is anticipated that operating protocols will be agreed in advance with the local highway authorities and police. A similar approach applies at the border between England and Wales.