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Part IE+W+S General Provisions for Traffic Regulation

Modifications etc. (not altering text)

C1Pt. 1 applied (with modifications) (S.) (19.4.2007) by Edinburgh Airport Rail Link Act 2007 (asp. 16), s. 38 (with ss. 52, 60)

Outside Greater LondonE+W+S

1 Traffic regulation orders outside Greater London.E+W

(1)[F1The traffic authority for a road outside Greater London may make an order under this section (referred to in this Act as a “traffic regulation order”) in respect of the road] where it appears to the authority making the order that it is expedient to make it—

(a)for avoiding danger to persons or other traffic using the road or any other road or for preventing the likelihood of any such danger arising, or

(b)for preventing damage to the road or to any building on or near the road, or

(c)for facilitating the passage on the road or any other road of any class of traffic (including pedestrians), or

(d)for preventing the use of the road by vehicular traffic of a kind which, or its use by vehicular traffic in a manner which, is unsuitable having regard to the existing character of the road or adjoining property, or

(e)(without prejudice to the generality of paragraph (d) above) for preserving the character of the road in a case where it is specially suitable for use by persons on horseback or on foot, or

(f)for preserving or improving the amenities of the area through which the road runs [F2or

(g)for any of the purposes specified in paragraphs (a) to (c) of subsection (1) of section 87 of the Environment Act 1995 (air quality).]

F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(3 )A traffic regulation order made by a local traffic authority may, with the consent of the Secretary of State [F5, a strategic highways company], extend to a road in relation to which he is [F6, it is] the traffic authority if the order forms part of a scheme of general traffic control relating to roads of which at least one has a junction with the length of road in question.]

[F7(3A)A local traffic authority may make a traffic regulation order in respect of a road in relation to which the Secretary of State [F8, a strategic highways company] or the National Assembly for Wales is the traffic authority if—

(a)the order is required for the provision of [F9relevant bus scheme facilities [F10or for the taking of relevant bus scheme measures]], and

(b)the Secretary of State or, the National Assembly for Wales, consents.]

[F11(3B) In subsection (3A) “ relevant bus scheme facilities ” means—

[F12(za)facilities provided pursuant to an advanced quality partnership scheme under Part 2 of the Transport Act 2000;]

(a)facilities provided pursuant to a quality partnership scheme under [F13 that Part];

[F14(aa)facilities provided in connection with a franchising scheme under that Part (see section 123A(3)(d) of that Act);]

(b)facilities provided pursuant to a quality contract within the meaning of that Part (see section 124(4) and (5) of that Act) or otherwise in connection with a quality contracts scheme under that Part.]

[F15(c)facilities provided pursuant to an enhanced partnership scheme under that Part.]

[F16(3C)In subsection (3A) “relevant bus scheme measures” means—

(a)measures taken pursuant to an advanced quality partnership scheme under Part 2 of the Transport Act 2000;

(b)measures taken pursuant to an enhanced partnership scheme under that Part.]

F17(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F2S. 1(1)(g) and word inserted (1.2.1996) by 1995 c. 25, s. 120(1), Sch. 22, para. 36(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F7S. 1(3A) inserted (E.W.) (1.8.2001 for W. and 26.10.2001 for E.) by 2000 c. 38, s. 161, Sch. 11 para. 7; S.I. 2001/2788, art. 2, Sch. 1 para. 11; S.I. 2001/3342, art. 2, Sch.

F9Words in s. 1(3A) substituted (E.W.) (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 45(2), 134; S.I. 2009/3242, art. 2(1)(a) (subject to art. 3)

F10Words in s. 1(3A) inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 16(2), 26(3)

F11S. 1(3B) inserted (E.W.) (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 45(3), 134(4); S.I. 2009/3242, art. 2(1)(a)

F12S. 1(3B)(za) inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 16(3), 26(3)

F13Words in s. 1(3B)(a) substituted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 16(4), 26(3)

F14S. 1(3B)(aa) inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 16(5), 26(3)

F15S. 1(3B)(c) inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 16(6), 26(3)

F16S. 1(3C) inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 16(7), 26(3)

F17S. 1(4)(5) repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) s. 168(1)(2), Sch. 8 para. 17(5), Sch. 9; S.I. 1991/2288, art. 3, Sch.

Modifications etc. (not altering text)

C4S. 1 applied (with modifications) (6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), s. 1, Sch. s. 3(2).

C5S. 1 modified (1.7.1992) by S.I. 1992/1217, reg. 3(1)(a) (with reg. 11)

S. 1 modified (1.7.1992) by S.I. 1992/1217, reg. 5 (with reg. 11).

C6Ss. 1, 2, 4: power to make orders extended (S.) (1.4.2002) by The Forth Estuary Transport Authority Order 2002 (S.S.I. 2002/178), art. 9

C7S. 1: transfer of functions (23.3.2005) by The Scotland Act 1998 (Transfer of functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 2, Sch. (with transitional provisions and savings in art. 6)

S. 1: functions made exercisable concurrently (S) (1.11.2006) by The Transfer of Functions to the Shetland transport Partnership Order 2006 (S.S.I. 2006/527), art. 4, Sch. 2

S. 1: functions made exercisable concurrently (S) (7.11.2006) by The Transfer of Functions to the South West of Scotland Transport Partnership Order 2006 (S.S.I 2006/538), art. 4, {Sch. 2}

C8S. 1: power extended (1.6.2015) by Forth Road Bridge Act 2013 (asp 8), ss. 5(3)(c), 7; S.S.I. 2015/190, art. 2

1 Traffic regulation orders outside Greater London.S

(1)[F26The traffic authority for a road outside Greater London may make an order under this section (referred to in this Act as a “traffic regulation order”) in respect of the road] where it appears to the authority making the order that it is expedient to make it—

(a)for avoiding danger to persons or other traffic using the road or any other road or for preventing the likelihood of any such danger arising, or

(b)for preventing damage to the road or to any building on or near the road, or

(c)for facilitating the passage on the road or any other road of any class of traffic (including pedestrians), or

(d)for preventing the use of the road by vehicular traffic of a kind which, or its use by vehicular traffic in a manner which, is unsuitable having regard to the existing character of the road or adjoining property, or

(e)(without prejudice to the generality of paragraph (d) above) for preserving the character of the road in a case where it is specially suitable for use by persons on horseback or on foot, or

(f)for preserving or improving the amenities of the area through which the road runs [F27or

(g)for any of the purposes specified in paragraphs (a) to (c) of subsection (1) of section 87 of the Environment Act 1995 (air quality).]

F28(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F29(3)A traffic regulation order made by a local traffic authority may, with the consent of the Secretary of State [F30or, as the case may be, the Scottish Ministers], extend to a road in relation to which he is [F31or they are] the traffic authority if the order forms part of a scheme of general traffic control relating to roads of which at least one has a junction with the length of road in question.]

[F32(3A)A local traffic authority may make a traffic regulation order in respect of a road in relation to which the Scottish Ministers are the traffic authority if—

(a)the order is required for the provision of facilities or the taking of a measure pursuant to a scheme implementing a bus services improvement partnership plan made by the authority under Part 2 of the Transport (Scotland) Act 2001, and

(b)the consent of the Scottish Ministers is obtained.]

F33(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F27S. 1(1)(g) and word inserted (1.2.1996) by 1995 c. 25, s. 120(1), Sch. 22, para. 36(1)(with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F28S. 1(2) repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1)(2), Sch. 8 para. 17(3), Sch. 9; which repeal is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2. and for England and Wales only by S.I. 1991/2288, art. 3, Sch.

F30Words in s. 1(3) inserted (S.) (1.7.2001) by 2001 asp 2, s. 83, Sch. 2 para. 3(2)(a)(i) (with s. 66); S.S.I. 2001/132, art. 2(3), Sch. Pt. II (subject to transitional provisions and savings in arts. 3, 4)

F31Words in s. 1(3) inserted (S.) (1.7.2001) by 2001 asp 2, s. 83, Sch. 2 para. 3(2)(a)(i) (with s. 66); S.S.I. 2001/132, art. 2(3), Sch. Pt. II (subject to transitional provisions and savings in arts. 3, 4)

F33S. 1(4)(5) repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) s. 168(1)(2), Sch. 8 para. 17(5), Sch. 9; S.I. 1991/2286, art. 2(2), Sch. 2

Modifications etc. (not altering text)

C25S. 1 applied (with modifications)(6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), s. 1, Sch. s. 3(2).

C26S. 1 modified (1.7.1992) by S.I. 1992/1217, reg. 3(1)(a) (with reg. 11)

S. 1 modified (1.7.1992) by S.I. 1992/1217, reg. 5 (with reg. 11).

C27Ss. 1, 2, 4: power to make orders extended (S.) (1.4.2002) by The Forth Estuary Transport Authority Order 2002 (S.S.I. 2002/178), art. 9

C28S. 1: transfer of functions (23.3.2005) by The Scotland Act 1998 (Transfer of functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 2, Sch. (with transitional provisions and savings in art. 6)

S. 1: functions made exercisable concurrently (S) (1.11.2006) by The Transfer of Functions to the Shetland transport Partnership Order 2006 (S.S.I. 2006/527), art. 4, Sch. 2

S. 1: functions made exercisable concurrently (S) (7.11.2006) by The Transfer of Functions to the South West of Scotland Transport Partnership Order 2006 (S.S.I 2006/538), art. 4, {Sch. 2}

C29S. 1: power extended (1.6.2015) by Forth Road Bridge Act 2013 (asp 8), ss. 5(3)(c), 7; S.S.I. 2015/190, art. 2

2 What a traffic regulation order may provide.E+W+S

(1)[F18A traffic regulation order may make] any provision prohibiting, restricting or regulating the use of a road, or of any part of the width of a road, by vehicular traffic, or by vehicular traffic of any class specified in the order,—

(a)either generally or subject to such exceptions as may be specified in the order or determined in a manner provided for by it, and

(b)subject to such exceptions as may be so specified or determined, either at all times or at times, on days or during periods so specified.

(2)[F19The provision that may be made by a traffic regulation order] includes any provision—

(a)requiring vehicular traffic, or vehicular traffic of any class specified in the order, to proceed in a specified direction or prohibiting its so proceeding;

(b)specifying the part of the carriageway to be used by such traffic proceeding in a specified direction;

(c)prohibiting or restricting the waiting of vehicles or the loading and unloading of vehicles;

(d)prohibiting the use of roads by through traffic; or

(e)prohibiting or restricting overtaking.

(3)The provision that may be made by a traffic regulation order also includes provision prohibiting, restricting or regulating the use of a road, or of any part of the width of a road, by, or by any specified class of, pedestrians—

(a)either generally or subject to exceptions specified in the order, and

(b)either at all times or at times, on days or during periods so specified.

(4)[F20A local traffic authority may include] in a traffic regulation order any such provision—

(a)specifying through routes for heavy commercial vehicles, or

(b)prohibiting or restricting the use of heavy commercial vehicles (except in such cases, if any, as may be specified in the order) in such zones or on such roads as may be so specified,

as they consider expedient for preserving or improving the amenities of their area or of some part or parts of their area.

(5)Nothing in subsection (4) above shall be construed as limiting the scope of any power or duty to control vehicles conferred or imposed on any local authority[F21, a strategic highways company] or the Secretary of State otherwise than by virtue of that subsection.

Textual Amendments

F18Words in s. 2(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) s. 168(1), Sch. 8 para. 18(2); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2. and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

F19Words in s. 2(2) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) s. 168(1), Sch. 8 para. 18(3); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2. and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

F20Words in s. 2(4) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) s. 168(1), Sch. 8 para. 18(4); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch.2. and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

Modifications etc. (not altering text)

C11S. 2 applied (with modifications)(6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), s. 1, Sch. s. 3(2).

C12Ss. 1, 2, 4: power to make orders extended (S.) (1.4.2002) by The Forth Estuary Transport Authority Order 2002 (S.S.I. 2002/178), art. 9

S. 2: functions made exercisable concurrently (S) (1.11.2006) by The Transfer of Functions to the Shetland Transport Partnership Order 2006 (S.S.I. 2006/527), art. 4, Sch. 2

S. 2: functions made exercisable concurrently (S) (7.11.2006) by The Transfer of Functions to the South West of Scotland Transport Partnership Order 2006 (S.S.I 2006/538), art. 4, Sch. 2

C13S. 2: transfer of functions (E.W.) (1.4.2011) by The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), arts. 1, 8(1)(c)

3 Restrictions on traffic regulation orders.E+W+S

(1)F22. . . a traffic regulation order shall not be made with respect to any road which would have the effect—

(a)of preventing at any time access for pedestrians, or

(b)of preventing for more than 8 hours in any period of 24 hours access for vehicles of any class,

to any premises situated on or adjacent to the road, or to any other premises accessible for pedestrians, or (as the case may be) for vehicles of that class, from, and only from, the road.

(2)Subsection (1) above, so far as it relates to vehicles, shall not have effect in so far as the authority making the order are satisfied, and it is stated in the order that they are satisfied, that—

(a)for avoiding danger to persons or other traffic using the road to which the order relates or any other road, or

(b)for preventing the likelihood of any such danger arising, or

(c)for preventing damage to the road or buildings on or near it, or

(d)for facilitating the passage of vehicular traffic on the road, or

(e)for preserving or improving the amentities of an area by prohibiting or restricting the use on a road or roads in that area of heavy commercial vehicles,

it is requisite that subsection (1) above should not apply to the order.

(3)Provision for regulating the speed of vehicles on roads shall not be made by a traffic regulation order.

F23(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C16S. 3 applied (with modifications) (6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), ss. 1, 3(2), Sch.

C17S. 3: functions made exercisable concurrently (S.) (1.11.2006) by The Transfer of Functions to the Shetland Transport Partnership Order 2006 (S.S.I. 2006/527), art.4, Sch. 2

S. 3: functions made exercisable concurrently (S.) (7.11.2006) by The Transfer of Functions to the South West of Scotland Transport Partnership Order 2006 (S.S.I 2006/538), art. 4, {Sch. 2}

4 Provisions supplementary to ss. 2 and 3.E+W+S

(1)A traffic regulation order may make provision for identifying any part of any road to which, or any time at which or period during which, any provision contained in the order is for the time being to apply by means of a traffic sign of a type or character specified in the order (being a type prescribed or character authorised under section 64 of this Act) and for the time being lawfully in place; and for the purposes of any such order so made any such traffic sign placed on and near a road shall be deemed to be lawfully in place unless the contrary is proved.

(2)A traffic regulation order which imposes any restriction on the use by vehicles of a road, or the waiting of vehicles in a road, may include provision with respect to the issue and display of certificates or other means of identification of vehicles which are excepted from the restriction, whether generally or in particular circumstances or at particular times.

(3)A traffic regulation order may also include provision with respect to the issue, display and operation of devices F24. . . for indicating the time at which a vehicle arrived at, and the time at which it ought to leave, any place in a road in which waiting is restricted by the order, or one or other of those times, and for treating the indications given by any such device as evidence of such facts and for such purposes as may be prescribed by the order.

Textual Amendments

F24Words in s. 4(3) repealed (13.9.1996) by S.I. 1996/1553, art. 2(1), Sch.

Modifications etc. (not altering text)

C19S. 4 applied (with modifications)(6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), s. 1, Sch. s. 3(2).

C20Ss. 1, 2, 4: power to make orders extended (S.) (1.4.2002) by The Forth Estuary Transport Authority Order 2002 (S.S.I. 2002/178), art. 9

S. 4 functions made exercisable concurrently (S) (1.11.2006) by The Transfer of Functions to the Shetland transport Partnership Order 2006 (S.S.I. 2006/527), art. 4, Sch. 2

S. 4 functions made exercisable concurrently (S) (7.11.2006) by The Transfer of Functions to the South West of Scotland Transport Partnership Order 2006 (S.S.I 2006/538), art. 4, {Sch. 2}

5 Contravention of traffic regulation order.E+W+S

(1)A person who contravenes a traffic regulation order, or who uses a vehicle, or causes or permits a vehicle to be used in contravention of a traffic regulation order, shall be guilty of an offence.

F25(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25S. 5(2) repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1)(2), Sch. 8 para. 20, Sch.9; which repeal is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch.2. and for England and Wales by S.I. 1991/2288, art. 3,Sch.

Modifications etc. (not altering text)

C21S. 5 excluded (temp) ((1.10.1991) (E.W.) (16.6.1997) (S.)) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 43(1), 84(1), Sch. 3 para. 2(4)(a); S.I. 1991/2054, art. 3; S.I. 1997/1580, art. 2

C22S. 5 applied (with modifications)(6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), s. 1, Sch. s. 3(2).