The Road Tunnel Safety Regulations 2007

Administrative authority – suspension or restriction of use of a road tunnel

7.—(1) The administrative authority may, in relation to a road tunnel for which it is the administrative authority, suspend or restrict the operation of the road tunnel if safety requirements, (including any additional safety requirement drawn up pursuant to regulation 5(2)(b), and any risk reduction measures permitted pursuant to regulation 17), or minimum operating requirements have not been met in relation to that tunnel.

(2) The administrative authority may, in relation to a road tunnel for which it is the administrative authority suspend or restrict the operation of a road tunnel in order to carry out periodic exercises pursuant to Annex II.

(3) In relation to a road tunnel located in Great Britain, sections 14 and 16 of the Road Traffic Regulation Act 1984 and the Road Traffic (Temporary Restrictions) Procedure Regulations 1992(1), subject to the modifications set out in paragraph (7), shall apply to an order made under paragraphs (1) or (2) as if it were an order made under section 14(1) of that Act.

(4) In relation to a road tunnel located in Northern Ireland, Article 7 of, and Schedule 3 to, the Road Traffic Regulation (Northern Ireland) Order 1997(2), subject to the modifications set out in paragraph (8), shall apply to a suspension or restriction made under paragraphs (1) or (2) as if it were a restriction or prohibition made under Article 7 of that Order.

(5) Where the administrative authority suspends or restricts the operation of a road tunnel pursuant to paragraph (1), it shall specify the conditions to be met in order for the suspension or restriction to be lifted and shall—

(a) ensure that those conditions have been met before the suspension or restriction is lifted; and

(b) when those conditions have been met, in relation to—

(i) an order relating to a road tunnel made in Great Britain, revoke that order, or

(ii) a suspension or restriction relating to a road tunnel made in Northern Ireland, lift the suspension or restriction.

(6) The administrative authority shall only suspend the operation of a road tunnel pursuant to paragraph (2) if satisfied that suitable arrangements can be made to divert traffic from that tunnel.

(7) In relation to an order made in relation to a road tunnel in Great Britain under paragraph (1) or (2), the Road Traffic (Temporary Restrictions) Procedure Regulations 1992 shall have effect subject to the following modifications—

(a) in regulation 2(1) after the definition of ““the 1991 Act” insert the following definition ““the 2007 Regulations” means the Road Tunnel Safety Regulations 2007”;

(b) in regulation 3—

(i) at the end of paragraph (1) insert “or regulation 7 of the 2007 Regulations”,

(ii) in paragraph (3)(a) after “section 14(1) of the 1984 Act” insert “or regulation 7(1) or (2) of the 2007 Regulations”,

(iii) in paragraph (3)(c) after “and its maximum duration” insert “ or the conditions to be met before the order will be revoked”,

(iv) in paragraph (6)(a) after “section 14(1) of the 1984 Act” insert “or regulation 7(1) or (2) of the 2007 Regulations”, and

(v) in paragraph (6)(c) after “and its maximum duration” insert “or the conditions to be met before the order will be revoked”; and

(c) in regulation 15—

(i) in paragraph (2)(d) after “shall state the reason or purpose mentioned in section 14(1) of the 1984 Act” insert “or regulation 7(1) or (2) of the 2007 Regulations”, and

(ii) in paragraph 2(d) after “and its maximum duration” insert “or the conditions to be met before the order will be revoked”.

(8) In relation to a suspension or a restriction made under paragraph (1) or (2) in relation to a road tunnel in Northern Ireland, Article 7(5) of the Road Traffic Regulation (Northern Ireland) Order 1997 shall have effect with the substitution of the words “when the conditions imposed pursuant to regulation 7(5) of the Road Tunnel Safety 2007 Regulations have been met” for the words “at the end of the period of 18 months from the date on which the provision comes into force”.

(1)

S.I. 1992/1215.

(2)

S.I. 1997/276 (N.I. 2)