PCSOsand Traffic Wardens - power to stop?
Discussion
Evening,
During the week I was stopped by a PCSO for a traffic misdemeanour I had committed. No problems with that. I had been a naughty boy and the PCSO had a chat with me, said my details would be entered onto a database and sent me on my way. Fair enough.
But I thought the way he stopped me was a bit half-arsed. He stepped out into the road as I passed him and waved his arm. To be honest when I first caught sight of him I thought he was a traffic warden and was seriously tempted to drive on. If I had I doubt he would have had time to make a note of my details. However I decided against it and pulled over.
So my question is this: What powers do PCSOs have to stop traffic? Is it pretty much the same as a police officer?
And what about traffic wardens? I'm pretty sure the local authority or private contract ones have few or no powers, but what about the old fashioned ones with yellow bands around their hats? (do they still exist?)
During the week I was stopped by a PCSO for a traffic misdemeanour I had committed. No problems with that. I had been a naughty boy and the PCSO had a chat with me, said my details would be entered onto a database and sent me on my way. Fair enough.
But I thought the way he stopped me was a bit half-arsed. He stepped out into the road as I passed him and waved his arm. To be honest when I first caught sight of him I thought he was a traffic warden and was seriously tempted to drive on. If I had I doubt he would have had time to make a note of my details. However I decided against it and pulled over.
So my question is this: What powers do PCSOs have to stop traffic? Is it pretty much the same as a police officer?
And what about traffic wardens? I'm pretty sure the local authority or private contract ones have few or no powers, but what about the old fashioned ones with yellow bands around their hats? (do they still exist?)
From what i can see the only powers to stop vehicles are (PCSO):
Power to stop cycles: Powers of a constable in uniform to stop a cycle under section 163(2) of the Road Traffic Act 1988 when a PCSO has reason to believe that a person has committed the offence of riding on a footpath.
Power to direct traffic and to place traffic signs
Power to seize vehicles used to cause alarm: Power to stop and seize a vehicle which a PCSO has reason to believe is being used in a manner which contravenes sections 3 or 34 of the Road Traffic Act 1988 under section 59 of the Police Reform Act 2002.
Power to stop vehicles for testing, power to escort abnormal loads and power to carry out road checks
Power to stop and search in authorised areas: Powers under the Terrorism Act 2000 in authorised areas to stop and search vehicles and pedestrians when in the company and under the supervision of a constable.
I dont think traffic wardens have any powers to require to stop.
Power to stop cycles: Powers of a constable in uniform to stop a cycle under section 163(2) of the Road Traffic Act 1988 when a PCSO has reason to believe that a person has committed the offence of riding on a footpath.
Power to direct traffic and to place traffic signs
Power to seize vehicles used to cause alarm: Power to stop and seize a vehicle which a PCSO has reason to believe is being used in a manner which contravenes sections 3 or 34 of the Road Traffic Act 1988 under section 59 of the Police Reform Act 2002.
Power to stop vehicles for testing, power to escort abnormal loads and power to carry out road checks
Power to stop and search in authorised areas: Powers under the Terrorism Act 2000 in authorised areas to stop and search vehicles and pedestrians when in the company and under the supervision of a constable.
I dont think traffic wardens have any powers to require to stop.
The Police Reform Act 2002 (Standard Powers and Duties of a Community Support Officer) Order 2007 lists, power to demand name and address road traffic offences. Also, as mentioned, by Slider, power to carry out road checks. There is no definition just exactly what this is. Could it be argued he/she was doing this seeing the offence committed by the Poster?
dvd
dvd
BruceV8 said:
And what about traffic wardens? I'm pretty sure the local authority or private contract ones have few or no powers, but what about the old fashioned ones with yellow bands around their hats? (do they still exist?)
The local authority employed bods, which is the majority now, are NOT Traffic Wardens but instead 'Civilian Enforcement Officers' (CEOs). Traffic Wardens are employees of the Police Authority. They do still exist - the district I work in has, I think, the last Traffic Wardens in our force area and they are due to be eliminated in 2010 for CEOs. Shame as they're generally very popular (except to those receiving tickets, but they show alot of discretion!) and act as a good set of eyes and ears about town. The Traffic Wardens attend the station intel briefings and feed back excellent intel on those we are interested in.They do indeed have powers to stop vehicles both for traffic regulation (S35 RTA) and stop vehicles (S163 RTA), though their powers under S163 are (IIRC) limited to where it is to deal with a suspected offence. The powers come from:
- The Functions of Traffic Wardens Order 1970 (and amendments 1993 and 2002) (I admit, had to google the name of that one!)
- S95 to S97 Road Traffic Regulation Act 1984
- Road Traffic Act 1988
These powers do not extend to CEOs.
ETA: RE PCSOs, this is complicated by the fact that a number of forces also appoint their PCSOs (some or all!) as Traffic Wardens. In a neighbouring force, for example, I've seen them with the word 'Traffic' embroidered on their epaulettes above their number. If they are appointed Traffic Wardens, they inherit all the associated statutory powers of Traffic Wardens, including the powers to stop vehicles and issue endorsable FPNs. I agree with Jasandjules - too complicated as to who has what statutory powers!
Edited by AndyRw on Monday 13th October 09:16
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