Transport Act 1968

149 Application of road traffic enactments to Crown roads

(1) Without prejudice to the provisions of section 32 of the [1968 c. 41.] Countryside Act 1968 with respect to certain Crown roads, the Minister may, with the consent of the appropriate Crown authority or authorities concerned, by order, which shall be subject to annulment in pursuance of a resolution of either House of Parliament, direct that, subject to subsection (3) of this section and to such exceptions, adaptations or modifications appearing to him to be necessary or expedient as may be specified in the order, all or any of the road traffic enactments shall apply to all Crown roads, or to any specified Crown road or Crown roads, or to Crown roads of a specified class, as they apply in relation to other roads to which the public has access.

(2) Without prejudice to the generality of the provisions of subsection (1) of this section, but subject to subsection (3) of this section, any order under the said subsection (1) with respect to any of the road traffic enactments may in particular include provision—

(a) for enabling functions with respect to a road exercisable under the enactment in question by the local authority or the highway authority to be exercised with respect to a Crown road by the appropriate Crown authority or by a particular local authority or highway authority;

(b) for enabling power to make an order, regulation or scheme under the enactment in question with respect to a Crown road which would otherwise be exercisable by a local authority or highway authority to be exercised instead by the Minister, and for requiring the consent of the Minister to the variation or revocation by any other authority of such an order, regulation or scheme made by him;

(c) for a certificate of the appropriate Crown authority or of the Minister that the authority or Minister has, or has not, consented to the doing of anything for which under the order or under this section the consent of the authority or, as the case may be, the Minister is required to be evidence, and in Scotland sufficient evidence, of the facts stated ;

(d) for exempting from any provision of the enactment in question persons and vehicles on a Crown road in the service of the Crown or of an agent of the Crown.

(3) No order, regulation or scheme in relation to a Crown road shall be made, varied or revoked under any of the road traffic enactments by virtue of an order under subsection (1) of this section except by or with the consent of the appropriate Crown authority.

(4) With a view to the avoidance of doubt, the road traffic enactments specified in an order under subsection (1) of this section may include any provision of those enactments notwithstanding that it would have applied in relation to Crown roads apart from the making of the order; and the inclusion in the order of a provision which would so have applied shall not prejudice anything done under that provision in relation to a Crown road before the coming into force of the order.

(5) In this section—

(a) the expression " appropriate Crown authority ", in relation to a Crown road, means—

(i) in the case of a road on land belonging to Her Majesty in right of the Crown, the Crown Estate Commissioners or other government department having the management of that land;

(ii) in the case of a road on land belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy ;

(iii) in the case of a road on land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall or the possessor for the time being of the Duchy of Cornwall appoints ;

(iv) in the case of a road on land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, that department;

and if any question arises under this paragraph as to what authority is the appropriate Crown authority in relation to any Crown road, that question shall be referred to the Treasury, whose decision shall be final;

(b) the expression " Crown road " means a road, other than a highway, to which the public has access by permission granted by the appropriate Crown authority, or otherwise granted by or on behalf of the Crown ;

(c) the expression " road traffic enactments" means the enactments (whether passed before or after or contained in this Act) relating to road traffic, including the lighting and parking of vehicles, and any order or other instrument having effect by virtue of any such enactment;

and, in the application of this section to Scotland or Wales, for any reference to the Minister there shall be substituted a reference to the Secretary of State.

(6) Nothing in this section shall prejudice any enactment in addition to this section and section 32 of the [1968 c. 41.] Countryside Act 1968 which relates to Crown roads.