Road Traffic Regulation Act 1984

Part II E+W+S Traffic Regulation in Special Cases

[F1 14 Temporary prohibition or restriction on roads. E+W+S

(1) If the traffic authority for a road are satisfied that traffic on the road should be restricted or prohibited—

(a) because works are being or are proposed to be executed on or near the road; or

(b) because of the likelihood of danger to the public, or of serious damage to the road, which is not attributable to such works; or

(c) for the purpose of enabling the duty imposed by section 89(1)(a) or (2) of theEnvironmental Protection Act 1990 (litter clearing and cleaning) to be discharged,

the authority may by order restrict or prohibit temporarily the use of that road, or of any part of it, by vehicles, or vehicles of any class, or by pedestrians, to such extent and subject to such conditions or exceptions as they may consider necessary.

[F2 (1A) Before making an order under subsection (1) above, the authority shall consult the National Park authority for any National Park which would be affected by the order.]]

(2) The traffic authority for a road may at any time by notice restrict or prohibit temporarily the use of the road, or of any part of it, by vehicles, or vehicles of any class, or by pedestrians, where it appears to them that it is—

(a) necessary or expedient for the reason mentioned in paragraph (a) or the purpose mentioned in paragraph (c) of subsection (1) above; or

(b) necessary for the reason mentioned in paragraph (b) of that subsection,

that the restriction or prohibition should come into force without delay.

(3) When considering the making of an order or the issue of a notice under the foregoing provisions an authority shall have regard to the existence of alternative routes suitable for the traffic which will be affected by the order or notice.

(4) The provision that may be made by an order or notice under the foregoing provisions is—

(a) any such provision as is mentioned in section 2(1), (2) or (3) or 4(1) of this Act; or

(b) any provision restricting the speed of vehicles;

but no such order or notice shall be made or issued with respect to any road which would have the effect of preventing at any time access for pedestrians to any premises situated on or adjacent to the road, or to any other premises accessible for pedestrians from, and only from, the road.

(5) Where any such order or notice is made or issued by an authority (in this subsection referred to as the “initiating authority”) any such provision as is mentioned in subsection (4) above may be made as respects any alternative road—

(a) if that authority is the traffic authority for the alternative road, by an order made by the initiating authority or by that notice;

(b) if the initiating authority is not the traffic authority for the alternative road, by an order made by the initiating authority with the consent of the traffic authority for the alternative road.

(6) Section 3(1) and (2) of this Act shall apply to the provisions that may be made under subsection (5) above as they apply to the provisions of a traffic regulation order.

(7) An order or notice made or issued under this section may—

(a) suspend any statutory provision to which this subsection applies; or

(b) for either of the reasons or for the purpose mentioned in subsection (1) above suspend any such provision without imposing any such restriction or prohibition as is mentioned in subsection (1) or (2) above.

(8) Subsection (7) above applies to—

(a) any statutory provision of a description which could have been contained in an order or notice under this section;

(b) an order under section 32(1)(b), 35, 45, 46 or 49 of this Act or any such order as is mentioned in paragraph 11(1) of Schedule 10 to this Act; and

(c) an order under section 6 of this Act so far as it designates any parking places in Greater London.

(9) In this section “alternative road”, in relation to a road as respects which an order is made under subsection (1) or a notice is issued under subsection (2) above, means a road which—

(a) provides an alternative route for traffic diverted from the first-mentioned road or from any other alternative road; or

(b) is capable of providing such an alternative route apart from any statutory provision authorised by subsection (7) above to be suspended by an order made or notice issued by virtue of subsection (5) above.

Textual Amendments

F1 S. 14 substituted (1.7.1992) by Road Traffic (Temporary Restrictions) Act 1991 (c. 26, SIF 107:1), s. 1(1), Sch. 1; S.I. 1992/1218, art. 2

F2 S. 14(1A) inserted (S.) (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 11(1) (with s. 32); S.S.I. 2000/312, art. 2

Modifications etc. (not altering text)

C1 S. 14 modified (1.7.1992) by S.I. 1992/1217, reg. 4(1) (with reg. 11)

S. 14 modified (1.7.1992) by S.I. 1992/1217, reg. 6 (with reg. 11)

S. 14 applied (27.7.1993) by 1993 c. xv, s. 4(4).

S. 14 restricted (4.1.1995) by 1994 c. 39, ss. 7(2), 44(2); S.I. 1994/2850, art. 2, Sch. 1

S. 14 applied (with modifications) (18.12.1996) by 1996 c. xii, s. 1, Sch. s. 9

S. 14 applied (21.7.1994) by 1994 c. xv, s. 4(4)

C2 S.14 : power to make orders extended (S.) (1.4.2002) by The Forth Estuary Transport Authority Order 2002 (S.S.I. 2002/178), art. 9

C3 S. 14: 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)

C4 S. 14 applied (with modifications) (22.6.2007) by The Road Tunnel Safety Regulations 2007 (S.I. 2007/1520), reg. 7(3)(7)

C5 S. 14 restricted (29.3.2017) by The Housing (Scotland) Act 2014 (Commencement No. 7, Amendment and Saving Provision) Order 2017 (S.I. 2017/330), arts. 1, 13(8) (with art. 31)

C6 S. 14(1)-(3)(5): certain functions transferred (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1; S.I. 1998/3178, art. 2, Sch. 1

C7 S. 14(1) applied (with modifications) (S.) (13.11.2009) Glasgow Commonwealth Games Act 2008 (asp 4), ss. 38(1)-(3), 49; S.S.I. 2009/377, art. 2, Sch.

C8 S. 14(2) modified (E.W.) by Dartford-Thurrock Crossing Act 1988 (c. 20, SIF 59), ss. 19, 24(1) (as amended (1.7.1992) by Road Traffic (Temporary Restrictions) Act 1991 (c. 26, SIF 107:1), s. 2(6)(7); S.I. 1992/1218, art. 2)

C9 S. 14(2) modified (26.4.1992) by Severn Bridges Act 1992 (c. 3), s. 22(1); S.I. 1992/578, art. 2.

[F3 15 Duration of orders and notices under s.14. E+W+S

(1) Subject to subsections (2), (3) and (5) below, an order under section 14 of this Act shall not continue in force—

(a) if it is in respect of a footpath, bridleway [F4 restricted byway,], cycle track or byway open to all traffic, for more than six months; and

(b) in any other case, for more than eighteen months,

from the date on which it comes into force.

(2) The time-limit of eighteen months in subsection (1) above shall not apply to an order made for the reason mentioned in section 14(1)(a) of this Act if the authority making it are satisfied, and it is stated in the order that they are satisfied, that the execution of the works in question will take longer; but in any such case the authority shall revoke the order as soon as the works are completed.

(3) Where an order subject to the time-limit of eighteen months in subsection (1) above (in this subsection referred to as “the temporary order”) has not ceased to be in force and the [F5 national authority] is satisfied that—

(a) an order which the authority that made the temporary order proposes to make under any other provision of this Act has the sole effect of reproducing the provisions of the temporary order and continuing them in force; and

(b) in consequence of the procedure required to be followed in connection with the making of the proposed order [F6 the authority that made the temporary order] would be unable to make it so that it would come into operation before the temporary order ceases to be in force,

the [F5 national authority] may, subject to subsection (4) below, from time to time direct that the temporary order shall continue in force for a further period not exceeding six months from the date on which it would otherwise cease to be in force.

(4) Where the [F7 national authority] is not F8 ... the authority that made the temporary order [F9 the national authority ] shall not give a direction under subsection (3) above except at the request of [F10 the authority that made the temporary order] .

(5) The [F11 national authority] may, at the request of an authority that has made an order subject to the time-limit of six months in subsection (1) above, from time to time direct that the order shall continue in force for a further period from the date on which it would otherwise cease to be in force.

(6) Where the [F11 national authority] refuses a request under subsection (5) above in respect of an order no further order to which that subsection applies shall be made in respect of any length of road to which the previous order related unless the [F11 national authority] has consented to the making of the further order or at least three months have expired since the date on which the previous order ceased to be in force.

(7) A notice under section 14 of this Act shall not continue in force—

(a) if issued for the reason mentioned in paragraph (a) or the purpose mentioned in paragraph (c) of subsection (1) of that section, for more than five days from the date of the notice;

(b) if issued for the reason mentioned in paragraph (b) of that subsection, for more than twenty-one days from that date;

but the [F11 national authority] may by regulations alter the number of days for the time being specified in this subsection.

(8) Provided that no restriction or prohibition imposed under section 14 of this Act in respect of any length of road remains in force for more than the period applicable to an order in respect of the road under subsection (1) above (except by virtue of subsection (2), (3) or (5) above and subject to subsection (6) above)—

(a) a restriction or prohibition imposed by an order under that section may be continued by a further order or further orders under that section; and

(b) a restriction or prohibition imposed by a notice under that section may be continued—

(i) by an order under that section; or

(ii) if the notice was issued for the reason mentioned in subsection (1)(b) of that section, by one (but not more than one) further notice under that section.

(9) In the application of this section to England and Wales—

(a) “footpath” does not include a highway over which the public have a right of way on foot only which is at the side of a public road;

(b) “cycle track” has the same meaning as in the M1 Highways Act 1980; and

(c) “byway open to all traffic” means a highway over which the public have a right of way for vehicular and all other kinds of traffic but which is used by the public mainly for the purpose for which footpaths and bridleways are used.

(10) In the application of this section to Scotland “footpath” and “cycle track” have the same meaning as in the M2 Roads (Scotland) Act 1984.]

Textual Amendments

F3 S. 15 substituted (1.7.1992) by Road Traffic (Temporary Restrictions) Act 1991 (c. 26, SIF 107:1), s. 1(1), Sch.1; S.I. 1992/1218, art.2.

F4 Words in s. 15(1)(a) inserted (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2(2), Sch. Pt. 1; S.I. 2006/1172; S.I. 2006/1279

F5 Words in s. 15(3) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 2(2)(a) (with Sch. 2 para. 34(2))

F6 Words in s. 15(3)(b) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 2(2)(b)

F7 Words in s. 15(4) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 2(3)(a)

F8 Word in s. 15(4) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 2(3)(b)

F9 Words in s. 15(4) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 2(3)(c)

F10 Words in s. 15(4) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 2(3)(d)

F11 Words in s. 15(5)(6)(7) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 2(4)

Modifications etc. (not altering text)

C10 S. 15 applied (with modifications) (S.) (2.6.2014) by The Glasgow Commonwealth Games Act 2008 (Duration of Urgent Traffic Regulation Measures) Order 2014 (S.S.I. 2014/92), arts. 1(1), 2

C11 S. 15 applied (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2(1), Sch. Pt. 1; S.I. 2006/1172; S.I. 2006/1279

C12 S. 15 excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 25 para. 6(2)

C13 S. 15(2)(3)(5)-(7): certain functions transferred (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1; S.I. 1998/3178, art. 3

Marginal Citations

M1 1980 c. 66.

M2 1984 c. 54.

16 Supplementary provisions as to orders and notices under s. 14. E+W+S

(1) A person who contravenes, or who uses or permits the use of a vehicle in contravention of, a restriction or prohibition imposed under section 14 of this Act shall be guilty of an offence.

[F12 ( 2 ) The [F13 national authority] may make regulations with respect to the procedure to be followed in connection with the making of orders and the issue of notices under section 14 of this Act including provision for notifying the public of the exercise, or proposed exercise, of the powers conferred by that section and of the effect of orders and notices made or issued in the exercise of those powers.

(2A) Without prejudice to the generality of subsection (2) above, the [F14 national authority] may by regulations under that subsection make, in relation to such orders as [F15 the national authority] thinks appropriate, provision—

(a) for the making and consideration of objections to a proposed order; and

(b) for any of the matters mentioned in paragraph 22(1) of Schedule 9 to this Act;

and paragraph 25 of that Schedule shall apply to regulations under that subsection as it applies to regulations under Part III of that Schedule, taking references to orders as including both orders and notices.]

F16 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F12 S. 16(2)(2A) substituted (1.7.1992) for s. 16(2) by Road Traffic (Temporary Restrictions) Act 1991 (c. 26, SIF 107:1), s. 1(2); S.I. 1992/1218, art.2.

F13 Words in s. 16(2) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 3(2)

F14 Words in s. 16(2A) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 3(3)(a)

F15 Words in s. 16(2A) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 3(3)(b)

F16 S. 16(3)(4) repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1)(2), Sch. 8 para. 27, 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.

Modifications etc. (not altering text)

C14 S. 16 excluded (temp.) (1.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107), s. 76(3)(c) (with s. 79(1)); S.I. 1991/2054, art. 3, Sch.

C15 S. 16 applied (with modifications) (22.6.2007) by The Road Tunnel Safety Regulations 2007 (S.I. 2007/1520), reg. 7(3)(7)

C16 S. 16 applied (with modifications) by 2003 c. iii, s. 7(3A) (as modified by 2006 c. 12, ss. 16A(6), 16B(2) (as inserted) (E.) (14.2.2012) by 2011 c. 22, ss. 7(1), 10(1))

C17 S. 16(1) modified (E.W.) by Dartford-Thurrock Crossing Act 1988 (c. 20, SIF 59) ss. 19, 24(3)

C18 S. 16(2)(2A): certain functions transferred (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1; S.I. 1998/3178, art. 3

[F17 16A Prohibition or restriction on roads in connection with certain events. E+W+S

(1) In this section “ relevant event ” means any sporting event, social event or entertainment which is held on a road.

(2) If the traffic authority for a road are satisfied that traffic on the road should be restricted or prohibited for the purpose of—

(a) facilitating the holding of a relevant event,

(b) enabling members of the public to watch a relevant event, or

(c) reducing the disruption to traffic likely to be caused by a relevant event,

the authority may by order restrict or prohibit temporarily the use of that road, or any part of it, by vehicles or vehicles of any class or by pedestrians, to such extent and subject to such conditions or exceptions as they may consider necessary or expedient.

(3) Before making an order under this section the authority shall satisfy themselves that it is not reasonably practicable for the event to be held otherwise than on a road.

(4) An order under this section—

(a) may not be made in relation to any race or trial falling within subsection (1) of section 12 of the M3 Road Traffic Act 1988 (motor racing on public ways) [F18 unless a motor race order under section 12D of that Act is made in relation to the race or trial or it is authorised by or under regulations under section 12G of that Act ] ;

(b) may not be made in relation to any competition or trial falling within subsection (1) of section 13 of that Act (regulation of motoring events on public ways) unless the competition or trial is authorised by or under regulations under that section; and

(c) may not be made in relation to any race or trial falling within subsection (1) of section 31 of that Act (regulation of cycle racing on public ways) unless the race or trial is authorised by or under regulations made under that section.

(5) An order under this section may relate to the road on which the relevant event is to be held or to any other road.

(6) In the case of a road for which the Secretary of State [F19 or a strategic highways company] is the traffic authority, the power to make an order under this section is also exercisable, with his [F20 or its] consent, by the local traffic authority or by any local traffic authority which is the traffic authority for any other road to which the order relates.

(7) In the case of a road for which a local traffic authority is the traffic authority, the power to make an order under this section is also exercisable, with the consent of that local traffic authority, by a local traffic authority which is the traffic authority for any other road to which the order relates.

(8) When considering the making of an order under this section, an authority shall have regard to the safety and convenience of alternative routes suitable for the traffic which will be affected by the order.

(9) The provision that may be made by an order under this section is—

(a) any such provision as is mentioned in section 2(1), (2) or (3) or 4(1) of this Act;

(b) any provision restricting the speed of vehicles; or

(c) any provision restricting or prohibiting—

(i) the riding of horses, or

(ii) the leading or driving of horses, cattle, sheep or other animals,

but no such order shall be made with respect to any road which would have the effect of preventing at any time access for pedestrians to any premises situated on or adjacent to the road, or to any other premises accessible for pedestrians from, and only from, the road.

(10) An order under this section may—

(a) suspend any statutory provision to which this subsection applies; or

(b) for any of the purposes mentioned in subsection (2) above, suspend any such provision without imposing any such restriction or prohibition as is mentioned in that subsection.

(11) Subsection (10) above applies to—

(a) any statutory provision of a description which could have been contained in an order under this section;

(b) an order under section 32(1)(b), 35, 45, 46 or 49 of this Act or any such order as is mentioned in paragraph 11(1) of Schedule 10 to this Act; and

(c) an order under section 6 of this Act so far as it designates any parking places in Greater London.]

[F21 (12) An order under this section that is made for the purposes of a race or trial of speed in relation to which a motor race order under section 12D of the Road Traffic Act 1988 has been made may also suspend—

(a) regulations under section 25(1);

(b) section 28(1);

(c) an order under section 29(1);

(d) byelaws under section 31(1);

(e) any provision made by or under Part 4.]

Textual Amendments

F17 S. 16A inserted (3.5.1994) by S.I. 1994 c. 11, s. 1(1)

F18 Words in s. 16A(4)(a) inserted (10.3.2017) by Deregulation Act 2015 (c. 20), ss. 74(2), 115(7); S.I. 2017/273, art. 2(b)

F19 Words in s. 16A(6) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 75(a); S.I. 2015/481, reg. 2(a)

F20 Words in s. 16A(6) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 75(b); S.I. 2015/481, reg. 2(a)

F21 S. 16A(12) inserted (10.3.2017) by Deregulation Act 2015 (c. 20), ss. 74(3), 115(7); S.I. 2017/273, art. 2(b)

Modifications etc. (not altering text)

C19 S. 16A applied (with modifications) (27.7.2010) by Kent County Council (Filming on Highways) Act 2010 (c. iv), s. 3

C20 S. 16A applied (with modifications) (30.1.2014) by Hertfordshire County Council (Filming on Highways) Act 2014 (c. i), s. 3

C21 S. 16A applied (with modifications) (17.12.2014) by Buckinghamshire County Council (Filming on Highways) Act 2014 (c. ii), s. 3

C22 S. 16A applied (with modifications) (21.9.2008) by London Local Authorities and Transport for London Act 2008 (c. iii), ss. 1(2), 12

C23 S. 16A applied (with modifications) (E.W.) (temp. from 5.10.2009) by London Olympic Games and Paralympic Games Act 2006 (c. 12), ss. 16(1), 40(2)(6), 41(3); S.I. 2009/2577, art. 2

Marginal Citations

M3 1988 c. 52.

[F22 16B Restrictions on orders under s. 16A. E+W+S

(1) An order under section 16A of this Act shall not continue in force for a period of more than three days beginning with the day on which it comes into force unless—

(a) the order is made by the Secretary of State [F23 or a strategic highways company] as the traffic authority for the road concerned; or

(b) before the order is made, he [F24 or it] has agreed that it should continue in force for a longer period.

(2) Where an order under section 16A of this Act has not ceased to be in force and the relevant event to which it relates has not ended, the Secretary of State [F25 or a strategic highways company] may, subject to subsections (4) and (5) below, from time to time direct that the order shall continue in force for a further period not exceeding three days beginning with the day on which it would otherwise cease to be in force.

(3) A direction under subsection (2) above may relate to all the roads to which the order under section 16A of this Act relates or only to specified roads.

(4) Where an order under section 16A of this Act relates only to roads for which the Secretary of State [F26 or a strategic highways company (whichever made the order or agreed that it should continue in force) is not the traffic authority, he or it] shall not give a direction under subsection (2) above except at the request of the traffic authority for any road to which the order relates.

(5) Where an order under section 16A of this Act relates to any road for which the Secretary of State [F27 or a strategic highways company (whichever made the order or agreed that it should continue in force) is not the traffic authority, he or it] shall not give a direction under subsection (2) above affecting that road except with the consent of the traffic authority for that road.

(6) Where an order has been made under section 16A of this Act in any calendar year, no further order may be made under that section in that year so as to affect any length of road affected by the previous order, unless the further order—

(a) is made by the Secretary of State [F28 or a strategic highways company] as the traffic authority for the road concerned; or

(b) is made with his [F29 or its] consent.

(7) For the purposes of subsection (6) above, a length of road is affected by an order under section 16A of this Act if the order contains provisions—

(a) prohibiting or restricting traffic on that length of road; or

(b) suspending any statutory provision applying to traffic on that length of road.]

Textual Amendments

F22 S. 16B inserted (3.5.1994) by 1994 c. 11, s. 1(1)

F23 Words in s. 16B(1)(a) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 76(2)(a); S.I. 2015/481, reg. 2(a)

F24 Words in s. 16B(1)(b) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 76(2)(b); S.I. 2015/481, reg. 2(a)

F25 Words in s. 16B(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 76(3); S.I. 2015/481, reg. 2(a)

F26 Words in s. 16B(4) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 76(4); S.I. 2015/481, reg. 2(a)

F27 Words in s. 16B(5) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 76(4); S.I. 2015/481, reg. 2(a)

F28 Words in s. 16B(6)(a) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 76(5)(a); S.I. 2015/481, reg. 2(a)

F29 Words in s. 16B(6)(b) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 76(5)(b); S.I. 2015/481, reg. 2(a)

Modifications etc. (not altering text)

C24 S. 16B applied (with modifications) (27.7.2010) by Kent County Council (Filming on Highways) Act 2010 (c. iv), s. 4

C25 S. 16B applied (with modifications) (30.1.2014) by Hertfordshire County Council (Filming on Highways) Act 2014 (c. i), s. 4

C26 S. 16B applied (with modifications) (17.12.2014) by Buckinghamshire County Council (Filming on Highways) Act 2014 (c. ii), s. 4

C27 S. 16B applied (with modifications) (21.9.2008) by London Local Authorities and Transport for London Act 2008 (c. iii), ss. 1(2), 13

C28 S. 16B excluded (E.W.) (temp. from 5.10.2009) by London Olympic Games and Paralympic Games Act 2006 (c. 12), ss. 16(2), 40(2)(6), 41(3); S.I. 2009/2577, art. 2

[F30 16C Supplementary provisions as to orders under s. 16A. E+W+S

(1) A person who contravenes, or who uses or permits the use of a vehicle in contravention of, a restriction or prohibition imposed by an order under section 16A of this Act shall be guilty of an offence.

(2) The Secretary of State may make regulations with respect to the procedure to be followed in connection with the making of orders under section 16A of this Act including provision for notifying the public of the exercise or proposed exercise of the powers conferred by that section and of the effect of orders made in the exercise of those powers.

(3) Without prejudice to the generality of subsection (2) above, the Secretary of State may by regulations under that subsection make, in relation to such orders as he thinks appropriate, provision—

(a) for the making and consideration of representations relating to a proposed order; and

(b) for any of the matters mentioned in paragraph 22(1)(a), (c), (d) or (e) of Schedule 9 to this Act;

and paragraph 25 of that Schedule shall apply to regulations under that subsection as it applies to regulations under Part III of that Schedule.]

Textual Amendments

F30 S. 16C inserted (3.5.1994) by 1994 c. 11, s. 1(1)

Modifications etc. (not altering text)

C29 S. 16C applied (with modifications) by 2003 c. iii, s. 7(3B) (as modified by 2006 c. 12, ss. 16A(6), 16B(2) (as inserted) (E.) (14.2.2012) by 2011 c. 22, ss. 7(1), 10(1))

C30 S. 16C applied (with modifications) (30.1.2014) by Hertfordshire County Council (Filming on Highways) Act 2014 (c. i), s. 5

C31 S. 16C applied (with modifications) (17.12.2014) by Buckinghamshire County Council (Filming on Highways) Act 2014 (c. ii), s. 5

17 Traffic regulation on special roads. E+W+S

F31 [( 1 ) A special road shall not be used except by traffic of a class authorised to do so—

(a) in England and Wales, by a scheme made, or having effect as if made, under section 16 of the Highways Act 1980 or by virtue of paragraph 3 of Schedule 23 to that Act, or

(b) in Scotland, by a scheme made, or having effect as if made, under section 7 of the Roads (Scotland) Act 1984.]

(2) [F32 Regulations may make provision] with respect to the use of special roads,[F33 Such regulations may, in particular—

(a) regulate the manner in which and the conditions subject to which special roads may be used by traffic authorised to do so;]

(b) authorise, or enable such authority as may be specified in the regulations to authorise, the use of special roads on occasion or in an emergency or for the purpose of crossing, or for the purpose of securing access to premises abutting on or adjacent to the roads, by traffic other than that described in paragraph (a) above; F34 . . .

(c) relax, or enable any authority so specified to relax, any prohibition or restriction imposed by the regulations.

F35 [( d ) include provisions having effect in such places, at such times, in such manner or in such circumstances as may for the time being be indicated by traffic signs in accordance with the regulations.]

(3) Regulations made under subsection (2) above may make provision with respect to special roads generally, or may make different provision with respect to special roads provided for the use of different classes of traffic, or may make provision with respect to any particular special road.

[F36 (3ZA) The power to make provision of the following kinds by regulations under subsection (2) is exercisable by the Scottish Ministers—

(a) provision with respect to a particular special road in Scotland;

(b) provision for regulating the speed of vehicles on special roads in Scotland.

(3ZB) The power to make provision of any other kind by regulations under subsection (2) is exercisable by the Secretary of State.

(3ZC) In relation to special roads in Scotland that power of the Secretary of State is exercisable only after consultation with the Scottish Ministers.

F37 (3ZD) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(3A) Before making regulations under subsection (2) above, the Scottish Ministers shall consult the National Park authority for any National Park which would be affected by the regulations.

[F38 (a) the National Park authority for any National Park which would be affected by the regulations.]F39 ...

F39 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) If a person uses a special road in contravention of this section or of regulations under subsection (2) above, he shall be guilty of an offence.

[F40 ( 5 ) The provisions of this section and of any regulations under subsection (2) above do not apply in relation to a road, or part of a road, until the date declared by the traffic authority, by notice published in the prescribed manner, to be the date on which the road or part is open for use as a special road.

This does not prevent the making of regulations under subsection (2) above before that date, so as to come into force in relation to that road or part on that date.]

(6) In this section “ use ”, in relation to a road, includes crossing, F41 . . .

Textual Amendments

F31 S. 17(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) , s. 168(1) , Sch. 8 para. 28(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.

F32 Words in s. 17(2) substituted (3.7.2012) by Scotland Act 2012 (c. 11) , ss. 21(3) , 44(5) ; S.I. 2012/1710 , art. 2(k)

F33 Words in s. 17(2) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) , s. 168(1) , Sch. 8 para. 28(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.

F34 Word at end of s. 17(2)(b) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1) , s. 83 , Sch. 8 ; S.I. 1992/1286 , art. 2 , Sch.

F35 S. 17(2)(d) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1) , s. 48 , Sch. 4 para. 25 ; S.I. 1992/1286 , art. 2 , Sch.

F36 S. 17(3ZA)-(3ZD) inserted (3.7.2012) by Scotland Act 2012 (c. 11) , ss. 21(4) , 44(5) ; S.I. 2012/1710 , art. 2(k)

F37 S. 17(3ZD) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 4(a)

F38 Words in s. 17(3A)(a) renumbered as s. 17(3A)(a) (3.7.2012) by Scotland Act 2012 (c. 11) , ss. 21(5)(a) , 44(5) ; S.I. 2012/1710 , art. 2(k)

F39 S. 17(3A)(b) and preceding word omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 4(b)

F40 S. 17(5) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) , s. 168(1) , Sch. 8 para. 28(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.

F41 Words in s. 17(6) repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) , s.168(1)(2) , Sch. 8 para. 28(5) , 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.

Modifications etc. (not altering text)

C32 S. 17 modified (13.2.1992) by Severn Bridges Act 1992 (c. 3) , s. 22(3)

C33 S. 17(2) amended (1.7.1999) by S.I. 1999/1750 , art. 4 Sch. 3 ; S.I. 1998/3178 , art. 3

C34 S. 17(2)(5) : certain functions transferred (1.7.1999) by S.I. 1999/1750 , art. 2 Sch. 1 ; S.I. 1998/3178 , art. 3

C35 S. 17(5) applied (23.10.1995) by S.I. 1995/2507 , reg. 3

[F42 17A Further provisions as to special roads. E+W+S

(1) On the date declared by the traffic authority, by notice published in the prescribed manner, to be the date on which a special road, or a part of a special road, is open for use as a special road, any existing order under section 1, 6, 9 or 84 of this Act relating to that road or part shall cease to have effect.

(2) This is without prejudice to any power to make orders under those provisions in relation to the road or part as a special road; and any such power may be exercised before the date referred to above, so as to take effect on that date.

(3) The procedure for making an order applies in such a case with such modifications as may be prescribed.]

Textual Amendments

F42 S. 17A inserted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 29; which insertion 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.

18 One-way traffic on trunk roads. E+W+S

(1) Where the Secretary of State proposes to make [F43 an order under section 10 of the Highways Act 1980 or section 5 of the Roads (Scotland) Act 1984 directing]that a road shall become a trunk road, and considers it expedient—

(a) that the road, when it becomes a trunk road, should be used only for traffic passing in one direction, and

(b) that any other road which is a trunk road, or is to become a trunk road by virtue of the order, should be used only for traffic passing in the other direction,

the order may make provision for restricting the use of those roads accordingly as from such date as may be specified in the order.

(2) Subsection (1) above shall have effect without prejudice to the powers of the Secretary of State under section 1 of this Act.

(3) A person who uses a vehicle, or causes or permits a vehicle to be used, in contravention of any provision made by virtue of subsection (1) above shall be guilty of an offence.

Textual Amendments

F43 Words in s. 18(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 30; 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)

C36 S. 18 modified (1.7.1992) by S.I. 1992/1217, reg. 3(1)(d) (with reg. 11)

S. 18 modified (1.7.1992) by S.I. 1992/1217, reg.5 (with reg. 11).

C37 S. 18(3) excluded by 1988 c. 52, s. 12E (as inserted (10.3.2017) by Deregulation Act 2015 (c. 20), ss. 73(3), 115(7); S.I. 2017/273, art. 2(a))

19 Regulation of use of highways by public service vehicles. E+W+S

F44 [(1) A local traffic authority outside Greater London [F45 or a strategic highways company] may make orders—

(a) for determining the highways or, in Scotland, roads in their area which may or may not be used by public service vehicles;

(b) for fixing stands for public service vehicles on such highways or roads;]

(c) as to the places at which public service vehicles may stop for a longer time than is necessary for taking up and setting down passengers; and

(d) as to the manner of using such stands and places.

(2) Any such order may be made—

(a) so as to apply only to public service vehicles of a specified class, or

(b) so as to have effect as respects a limited period only or as respects only limited periods in the year,

and may make different provision for different classes of public service vehicles.

F46 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F44 Words in s. 19(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 31(2); S.I. 1991/2286, art. 2(2), Sch. 2; S.I. 1991/2288, art. 3, Sch.

F45 Words in s. 19(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 77; S.I. 2015/481, reg. 2(a)

F46 S. 19(3) repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1)(2), Sch. 8 para. 31(3), Sch. 9; S.I. 1991/2286, art. 2(2), Sch. 2; S.I. 1991/2288, art. 3, Sch.

Modifications etc. (not altering text)

C38 S. 19 restricted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(2), Sch. 5 para. 6(3)

C39 S. 19 restricted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8(2), Sch. 5 para. 12

C40 S. 19 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(a)

C41 S. 19: 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. 19: 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

20 Prohibition or restriction of use of vehicles on roads of certain classes. E+W+S

(1) The Secretary of State, if he is satisfied that it is desirable to do so, may by order made by statutory instrument prohibit or restrict, subject to such exceptions and conditions as to occasional use or access to premises or otherwise as may be specified in the order, the driving of vehicles on all roads of any such class as may be specified in the order.

(2) A prohibition or restriction under this section may be imposed either generally or in relation to any class of vehicle; and for the purposes of this section the Secretary of State may classify roads in any manner he thinks fit, having regard to their character and situation or the nature of the traffic to which they are suited, and may determine in what class any particular road shall be included.

[F47 (3) No order under this section shall be made or apply in relation to a special road on or after the date declared by the traffic authority, by notice published in the prescribed manner, to be the date on which the special road, or the relevant part of the special road, is open for use as a special road.]

(4) A statutory instrument by which an order under this section is made, revoked or varied shall not have effect unless and until it has been approved by a resolution of each House of Parliament.

(5) A person who drives a vehicle, or causes or permits a vehicle to be driven, in contravention of an order under this section shall be guilty of an offence.

Textual Amendments

F47 S. 20(3) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para.32; 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)

C42 S. 20 excluded (23.6.1999) by S.I. 1999/1736, art. 8(2)(a)

C43 S. 20(5) excluded by 1988 c. 52, s. 12E (as inserted (10.3.2017) by Deregulation Act 2015 (c. 20), ss. 73(3), 115(7); S.I. 2017/273, art. 2(a))

21 Permit for trailer to carry excess weight. E+W+S

(1) As regards any road or bridge the appropriate authority may, subject to such conditions as they think fit, grant a permit in respect of any trailer specified in the permit, when drawn by a heavy locomotive or a light locomotive on the road or bridge, to carry weights specified in the permit, notwithstanding that, when conveying such weights, the trailer does not comply with any regulations made, or having effect as if made, by the Secretary of State under [F48 section 41 of the Road Traffic Act 1988] as to the weight laden of trailers or as to the maximum weight which may be transmitted to the road or any part of it by trailers.

(2) Where such a permit is granted in respect of a trailer it shall not, so long as the conditions (if any) attached to the permit are complied with, be an offence to carry on the road or bridge weights authorised by the permit by reason only that the trailer, when conveying them, does not comply with any such regulations.

[F49 (3) The appropriate authority for the purposes of this section is—

(a) in relation to a bridge for the maintenance of which a bridge authority is responsible, or a road passing over such a bridge, the bridge authority;

(b) in relation to any other road, the traffic authority and any other person responsible for the maintenance of the road.]

Textual Amendments

F48 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 25(1)

F49 S. 21(3) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para.33; 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.

22 Traffic regulation for special areas in the countryside. E+W+S

(1) This section applies to roads of the following descriptions, that is to say—

(a) in the case of England and Wales F50 . . . roads in, or forming part of, or adjacent to or contiguous with—

(i) a National Park,

(ii) an area of outstanding natural beauty, [F51 designated as such under section 82 of the Countryside and Rights of Way Act 2000]

(iii) a country park provided under section 7(1) of the M4 Countryside Act 1968 which in the opinion of the Secretary of State serves the purpose set out in section 6(1) of that Act when the considerations in paragraphs (a) and (b) of that subsection are taken into account, and any park or pleasure ground in the Lee Valley Regional Park which in the opinion of the Secretary of State serves that purpose,

[F52 (iv) an area in which Natural England is conducting an experimental scheme under section 8 of the Natural Environment and Rural Communities Act 2006 [F53 , or in which the Natural Resources Body for Wales is conducting a scheme under article 10C of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) that is designed to facilitate the enjoyment of the countryside or to conserve or enhance its natural beauty or amenity] ,

(v) a nature reserve or an area subject to an SSSI agreement F54 ..., ]

(vi) a long distance route, F55 . . .

(vii) land belonging to the National Trust which is held by the Trust inalienably; [F56 or

(viii) a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981);] and

F57 [( b ) in the case of Scotland, roads in, or forming part of, or adjacent to or contiguous with—

(i) a country park within the meaning of section 48 of the Countryside (Scotland) Act 1967;

(ii) a National Scenic Area designated [F58 under section 262C of the Town and Country Planning (Scotland) Act 1972 [F58 by a direction made by the Scottish Ministers under section   263A of the Town and Country Planning (Scotland) Act 1997 ]] ;

(iii) F59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) an area in respect of which Scottish Natural Heritage has prepared proposals for a development project or scheme under section 5 of the Natural Heritage (Scotland) Act 1991;

(v) a nature reserve within the meaning of section 15 of the National Parks and Access to the Countryside Act 1949 or an area which is subject to an agreement under section 15 of the Countryside Act 1968 (areas of special scientific interest);

(vi) a long distance route within the meaning of section 54 of the said Act of 1967 (power to make byelaws);

(vii) land belonging to the National Trust for Scotland which is held by the Trust inalienably; or

(viii) open country, being land which appears to the Secretary of State to consist wholly or predominantly of mountain, moor, heath, hill, woodland, cliff or foreshore, and any waterway; and in this sub-paragraph “ waterway ” and “ foreshore ” shall include any bank, barrier, dune, beach, flat or other land adjacent to the waterway or foreshore. ]

(2) This Act shall have effect as respects roads to which this section applies as if the list of purposes for which a traffic regulation order may be made under section 1 of this Act, as set out in [F60 paragraphs (a) to (g) of subsection (1) of that section and referred to in section 6(1)(b) of this Act], included the purpose of conserving or enhancing the natural beauty of the area, or of affording better opportunities for the public to enjoy the amenities of the area, or recreation or the study of nature in the area.

F61 [( 3 ) [F62 Natural England], [F63 the Natural Resources Body for Wales] and the [F64 Scottish Natural Heritage]] may each make submissions to the Secretary of State as to the desirability of a traffic regulation order being made in relation to a road to which this section applies, whether or not it is a road for which he is the traffic authority.

(4) Where such a submission is made as respects a road for which he is not the traffic authority, and the traffic authority for the road notify him that they do not intend to make an order, the Secretary of State may by order under this subsection make any such provision as he might have made by a traffic regulation order if he had been the traffic authority.

This Act applies to such an order as to an order made by him in relation to a road for which he is the traffic authority.

[F65 (4A) In subsection (1)(a)(v) above, “ SSSI agreement ” has the same meaning as in section 15A of the Countryside Act 1968 ]

[F66 (5) In subsection (2) above the reference to conserving the natural beauty of an area shall be construed as including a reference to conserving its flora, fauna and geological and physiographical features.]

Textual Amendments

F50 Words in s. 22(1)(a) omitted (E.W.) (30.1.2001) by virtue of 2000 c. 37, ss. 66(1)(a), 103(2) and repealed (E.W.) (30.1.2001 for E. and 1.5.2001 for W.) by 2000 c. 37, s. 102, Sch. 16 Pt. II; S.I. 2001/114, art. 2(1)(d)(i)(g); S.I. 2001/1410, art. 2(i)(n)

F51 Words in s. 22(1)(a)(ii) inserted (E.W.) (1.4.2001 for E. and 1.5.2001 for W.) by 2000 c. 37, s. 93, Sch. 15 para. 7 (with s. 84(4)-(6)); S.I. 2001/114, art. 2(2)(e); S.I. 2001/1410, art. 2(g)

F52 S. 22(1)(a)(iv)(v) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 104(2); S.I. 2006/2541, art. 2

F53 Words in s. 22(1)(a)(iv) substituted (E.W.) (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 4(a)

F54 Words in s. 22(1)(a)(v) omitted (E.W.) (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 4(b)

F55 Word in s. 22(1)(a)(vi) omitted (E.W.) (30.1.2001) by virtue of 2000 c. 37, ss. 66(1)(b), 103(2) and repealed (E.W.) (30.1.2001 for E. and 1.5.2001 for W.) by 2000 c. 37, s. 102, Sch. 16 Pt. II; S.I. 2001/114, art. 2(1)(d)(i)(g); S.I. 2001/1410, art. 2(1)(i)(n)

F56 S. 22(1)(a)(viii) and the preceding word inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 66(1)(c), 103(2)

F57 S. 22(1)(b) substituted (1.4.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 27(1), Sch. 10 para. 10(2); S.I. 1991/2633, art. 4

F58 Words in s. 22(1)(b)(ii) substituted (S.) (17.12.2010) by The National Scenic Areas (Consequential Modifications) (Scotland) Order 2010 (S.S.I. 2010/460), arts. 1, 3

F59 S. 22(1)(b)(iii) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 5 (with s. 55); S.S.I. 2004/495, art. 2

F60 Words in s. 22(2) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 66(2), 103(2)

F61 S. 22(3)(4) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 34(2); S.I. 1991/2286, art. 2(2), Sch. 2; S.I. 1991/2288, art. 3, Sch.

F62 Words in s. 22(3) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107 {Sch. 11 para. 104(3)}; S.I. 2006/2541, art. 2

F63 Words in s. 22(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 182 (with Sch. 7)

F64 Words in s. 22(3) substituted (1.4.1992) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 34(3); S.I. 1991/2286, art. 2(2), Sch. 2; S.I. 1991/2288, art. 3, Sch.; Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), Pt. I (ss. 1 - 14); S.I. 1991/2633, art. 4

F65 S. 22(4A) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 104(4); S.I. 2006/2541, art. 2

F66 S. 22(5) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 66(3), 103(2)

Marginal Citations

M4 1968 c. 41(46:1).

[F67 22A Traffic regulation on certain roads for purpose of conserving natural beauty. E+W+S

(1) This section applies to roads other than—

(a) roads to which section 22 of this Act applies,

(b) special roads, or

(c) any road which is a trunk road, a classified road, a GLA road, a cycle track, a bridleway [F68 , a restricted byway] or a footpath, as those expressions are defined by section 329 of the M5 Highways Act 1980.

(2) This Act shall have effect as respects roads to which this section applies as if, in relation to the making of provision with respect to vehicular traffic, the list of purposes for which a traffic regulation order under section 1 of this Act may be made, as set out in paragraphs (a) to (g) of subsection (1) of that section and referred to in section 6(1)(b) of this Act, included the purpose of conserving or enhancing the natural beauty of the area.

(3) In subsection (2) above the reference to conserving the natural beauty of an area shall be construed as including a reference to conserving its flora, fauna and geological and physiographical features.]

Textual Amendments

F67 S. 22A inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 66(4), 103(2)

F68 Words in s. 22A(1)(c) inserted (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2(2), Sch. Pt. 1; S.I. 2006/1172; S.I. 2006/1279

Modifications etc. (not altering text)

C44 S. 22A applied (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2(1), Sch. Pt. 1; S.I. 2006/1172; S.I. 2006/1279

Marginal Citations

M5 1980 c. 66.

Prospective

[F69 22B Traffic regulation on long distance routes E+W+S

(1) This section applies where the Secretary of State thinks that, because of the use of a long distance route by vehicular traffic, members of the public cannot safely and conveniently—

(a) enjoy the amenities of any part of the route or of the area through which the route runs;

(b) take advantage of opportunities for recreation in any part of that area;

(c) study nature in any part of that area.

(2) The Secretary of State may make an order preventing the use of the route or a specified part of the route—

(a) by vehicular traffic, or

(b) by vehicular traffic of a specified kind.

(3) An order under this section may have effect only in relation to a long distance route which is, or in so far as it is, in England.

(4) An order under this section shall be treated for all purposes as if it were a traffic regulation order made by the Secretary of State in relation to a road for which he is the traffic authority (and, in particular, any provision of this Act about the making or effect of such an order shall apply).]

Textual Amendments

F69 S. 22B inserted (prosp.) by Railways and Transport Safety Act 2003 (c. 20), ss. 108, 120

[F70 22BB Traffic regulation on byways etc. in National Parks in England and Wales E+W

(1) This section applies to a road—

(a) which is in a National Park in England or Wales,

(b) which is—

(i) shown in a definitive map and statement as a byway open to all traffic, a restricted byway, a bridleway or a footpath, or

(ii) a carriageway whose surface, or most of whose surface, does not consist of concrete, tarmacadam, coated roadstone or other prescribed material, and

(c) in respect of which no relevant order is in force.

(2) The National Park authority may—

(a) for a purpose mentioned in section 1(1)(a) to (g) or 22(2), by order make in respect of the road any such provision as is mentioned in section 2(1), (2) or (3) or 4(1);

(b) for the purpose of carrying out an experimental scheme of traffic control, by order make in respect of the road any such provision as is mentioned in section 2(1), (2) or (3) or 4(1);

(c) for a reason given in section 14(1)(a) or (b) or for a purpose mentioned in section 14(1)(c) or 22(2), by order make in respect of the road—

(i) any such provision as is mentioned in section 2(1), (2) or (3) or 4(1), or

(ii) any provision restricting the speed of vehicles.

(3) This Act has effect, subject to subsection (4) and any prescribed modifications, in relation to an order by a National Park authority under subsection (2)(a), (b) or (c) as it has effect in relation to an order by a local traffic authority under section 1, 9 or 14(1).

(4) Before making any order under subsection (2), the National Park authority must consult any authority which is a highway authority for the road.

Textual Amendments

F70 Ss. 22BB, 22BC inserted (E.W.) (16.11.2006 for W. and 1.10.2007 for E.) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 72, 107(4); S.I. 2006/2992, art. 2; S.I. 2007/2540, art. 2

22BC Section 22BB: supplementary E+W

(1) Expressions used in section 22BB(1)(b) that are defined for the purposes of Part 3 of the Wildlife and Countryside Act 1981 by section 66(1) of that Act have the same meaning as in that Part.

(2) In section 22BB(1)(c) “relevant order” means—

(a) a traffic regulation order,

(b) an experimental traffic order,

(c) an order under section 14(1),

(d) an order under section 22(4), or

(e) an order under section 22B,

but does not include an order made under section 22BB(2).

(3) In section 22BB “prescribed” means prescribed by regulations made—

(a) in relation to England, by the Secretary of State;

(b) in relation to Wales, by the National Assembly for Wales.

(4) Any functions exercisable by the National Assembly for Wales by virtue of this section are to be treated for the purposes of section 44 of the Government of Wales Act 1998 (parliamentary procedures for subordinate legislation) as if made exercisable by the Assembly by an Order in Council under section 22 of that Act.]

Textual Amendments

F70 Ss. 22BB, 22BC inserted (E.W.) (16.11.2006 for W. and 1.10.2007 for E.) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 72, 107(4); S.I. 2006/2992, art. 2; S.I. 2007/2540, art. 2

[F71 22C Terrorism E+W+S

(1) An order may be made under section 1(1)(a) for the purpose of avoiding or reducing, or reducing the likelihood of, danger connected with terrorism (for which purpose the reference to persons or other traffic using the road shall be treated as including a reference to persons or property on or near the road).

(2) An order may be made under section 1(1)(b) for the purpose of preventing or reducing damage connected with terrorism.

(3) An order under section 6 made for a purpose mentioned in section 1(1)(a) or (b) may be made for that purpose as qualified by subsection (1) or (2) above.

(4) An order may be made under section 14(1)(b) for a purpose relating to danger or damage connected with terrorism.

(5) A notice may be issued under section 14(2)(b) for a purpose relating to danger or damage connected with terrorism.

(6) In this section “terrorism” has the meaning given by section 1 of the Terrorism Act 2000 (c. 11).

(7) F72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In Wales an order made, or notice issued, by virtue of this section may be made or issued only with the consent of the Secretary of State if the traffic authority is the National Assembly for Wales.

Textual Amendments

F71 Ss. 22C, 22D inserted (19.1.2005) by Civil Contingencies Act 2004 (c. 36), ss. 32(1), 34, Sch. 2 Pt. 3 para. 16(2); S.I. 2004/3281, art. 2(3)(4)

F72 S. 22C(7) repealed (23.3.2005) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 4(1)

Modifications etc. (not altering text)

C45 S. 22C(1)(2)(4)(5): 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)

22D Section 22C: supplemental E+W+S

(1) An order may be made by virtue of section 22C only on the recommendation of the chief officer of police for the area to which the order relates.

(2) The following shall not apply in relation to an order made by virtue of section 22C—

(a) section 3,

(b) section 6(5),

(c) the words in section 14(4) from “but” to the end,

(d) section 121B, and

(e) paragraph 13(1)(a) of Schedule 9.

(3) Sections 92 and 94 shall apply in relation to an order under section 14 made by virtue of section 22C as they apply in relation to an order under section 1 or 6.

(4) An order made by virtue of section 22C, or an authorisation or requirement by virtue of subsection (3) above, may authorise the undertaking of works for the purpose of, or for a purpose ancillary to, another provision of the order, authorisation or requirement.

(5) An order made by virtue of section 22C may—

(a) enable a constable to direct that a provision of the order shall (to such extent as the constable may specify) be commenced, suspended or revived;

(b) confer a discretion on a constable;

(c) make provision conferring a power on a constable in relation to the placing of structures or signs (which may, in particular, apply a provision of this Act with or without modifications).]

Textual Amendments

F71 Ss. 22C, 22D inserted (19.1.2005) by Civil Contingencies Act 2004 (c. 36), ss. 32(1), 34, Sch. 2 Pt. 3 para. 16(2); S.I. 2004/3281, art. 2(3)(4)

Modifications etc. (not altering text)

C46 S. 22D(3): 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)

C47 S. 22D(4): 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)

C48 S. 22D(5): 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)