PART IIIGENERAL PROVISIONS AS TO REGULATION OF TRAFFIC

Temporary traffic regulationC17

1

If the Department is satisfied that traffic on a public 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 Article 7(1)(a) or (2) of the [1994 NI 10.] Litter (Northern Ireland) Order 1994 (litter clearing and cleaning by district councils) to be discharged,

the Department may restrict or prohibit temporarily the use of that road by traffic (including pedestrians) to such extent and subject to such conditions or exceptions as the Department considers necessary.

2

When considering the exercise of its powers under this Article the Department shall have regard to the existence of alternative routes, where appropriate.

3

The provision that may be made under paragraph (1) is—

a

any provision which may be made by a traffic regulation ,

b

any provision restricting the speed of vehicles; and

c

any provision restricting or prohibiting temporarily the use of a road by reference to traffic signs placed on or near a road;

and Article 50 of the Order of 1995 (contravention of traffic signs) shall apply to signs placed on or near a road for the purposes of this Article.

4

Where the Department exercises its powers under paragraph (1), the Department may make as respects any alternative route any such provision as is authorised by paragraph (3).

5

Subject to paragraph (6), any provision made under paragraph (1) or (4) shall, unless previously revoked, cease to have effect at the end of the period of 18 months from the date on which the provision comes into force.

6

Any provision made under paragraph (1) or (4) for the reason mentioned in sub-paragraph (a) of paragraph (1) shall, if not previously revoked, cease to have effect on the completion of the works mentioned in that sub-paragraph.

7

Whether or not it exercises its powers under paragraph (1), the Department may direct that any provision to which this paragraph applies is suspended or modified to such extent, and in such manner, as the Department considers necessary for any reason or purpose mentioned in paragraph (1).

8

Paragraph (7) applies to—

a

any provision previously made by or under an enactment, being a provision that could have been made under this Article;

b

any order under Article I O(4), 13 or 15.

9

Any person who contravenes a restriction or prohibition under this Article is guilty of an offence.

10

Schedule 3 (which makes further provision in relation to temporary traffic regulation) shall have effect.