C29 Part I General Provisions for Traffic Regulation
Outside Greater London
C1C2C3C4C5C6C31C321 Traffic regulation orders outside Greater London.
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).
F32
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F4 3
A traffic regulation order made by a local traffic authority may, with the consent of the Secretary of StateF52 , a strategic highways company F5or, as the case may be, the Scottish Ministers, extend to a road in relation to which he isF53, it isF6or 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.
F73A
A local traffic authority may make a traffic regulation order in respect of a road in relation to which the Secretary of StateF51, a strategic highways company or the National Assembly for Wales is the traffic authority if—
a
b
the Secretary of State or, the National Assembly for Wales, consents.
F93A
A local traffic authority may make a traffic regulation order in respect of a road in relation to which the Secretary of State is or, as the case may be, the Scottish Ministers are the traffic authority if—
a
the order is required for the provision of facilities pursuant to a quality partnership scheme under Part 2 of the Transport (Scotland) Act 2001 (asp 2); and
b
the consent of the Secretary of State F54the strategic highways company or, as the case may be, the Scottish Ministers is obtained.
F463B
In subsection (3A) “ relevant bus scheme facilities ” means—
F59za
facilities provided pursuant to an advanced quality partnership scheme under Part 2 of the Transport Act 2000;
a
F61aa
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.
F62c
facilities provided pursuant to an enhanced partnership scheme under that Part.
F633C
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.
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C7C8C302 What a traffic regulation order may provide.
1
F11A 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
F12The 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.
C334
F13A 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 authorityF55, a strategic highways company or the Secretary of State otherwise than by virtue of that subsection.
C9C103 Restrictions on traffic regulation orders.
C111
F14. . . 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.
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C12C134 Provisions supplementary to ss. 2 and 3.
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 F16. . . 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.
C14C155 Contravention of traffic regulation order.
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.
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In Greater London
C16C17C186 Orders similar to traffic regulation orders.
1
F18The traffic authority for a road in Greater London may make an order under this section for controlling or regulating vehicular and other traffic (including pedestrians).Provision may, in particular, be made——
a
for any of the purposes, or with respect to any of the matters, mentioned in Schedule 1 to this Act, and
b
for any other purpose which is a purpose mentioned in any of paragraphs F19(a) to (g) of section 1(1) of this Act.
F202
3
Any order under this section may be made so as to apply—
F21a
to the whole area of a local authority, or to particular parts of that area, or to particular places or streets or parts of streets in that area;
b
throughout the day, or during particular periods;
c
on special occasions only, or at special times only;
d
to traffic of any class;
e
subject to such exceptions as may be specified in the order or determined in a manner provided for by it.
F224
Where, by a notice published in the prescribed manner by the highway authority, a date has been or is declared to be the date on which a part of a special road is open for use as a special road, this section shall not apply in relation to that part of that road or (if the date so declared is a date after the commencement of this Act) shall not apply in relation to it on or after that date.
5
No order under this section shall contain any provision for regulating the speed of vehicles on roads.
6
In this section, in section 7 of this Act and in Schedule 1 to this Act “street ” includes any highway, any bridge carrying a highway and any lane, mews, footway, square, court, alley or passage whether a thoroughfare or not; F23and in subsection (4) above “the prescribed manner ” means the manner prescribed by regulations made by the Secretary of State which were or are in force at the time of publication of the notice.
C197 Supplementary provisions as to orders under s. 6.
1
Any order under section 6 of this Act 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 order so made, any such traffic sign placed on or near a street shall be deemed to be lawfully in place unless the contrary is proved.
2
Any such order which imposes any restriction on the use by vehicles of streets in Greater London, or the waiting of vehicles in such streets, 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
Any such 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 street 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.
4
Any such order may provide for the suspension or modification, so long as the order remains in force, of any provisions of any Acts (whether public general or local or private, and including provisions contained in this Act), byelaws or regulations dealing with the same subject matter as the order, or of any Acts conferring power to make byelaws or regulations dealing with the same subject matter, so far as such provisions apply to any place or street to which the order applies.
5
No appeal shall lie to the Secretary of State from the F25traffic commissioner for the Metropolitan Traffic Area under section 42 of the Transport Act 1985 in the case of a decision of his with respect to a London local service licence if and so far as he certifies that the decision was necessary to secure conformity with any order in force under section 6 of this Act which prescribes—
a
the routes to be followed, or streets which are not to be used, by vehicles affected by the decision, or
b
the places in streets where such vehicles may or may not wait, or
c
the stopping places for such vehicles.
C206
7
The reference in subsection (5) above to the Metropolitan Traffic Area shall be construed as if it were contained in the M1Public Passenger Vehicles Act 1981.
C21C228 Contravention of order under s. 6.
1
Any person who acts in contravention of, or fails to comply with, an order under section 6 of this Act shall be guilty of an offence.
1A
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Experimental traffic schemes
C23C24C25C26C349 Experimental traffic orders.
F301
The traffic authority for a road may, for the purposes of carrying out an experimental scheme of traffic control, make an order under this section (referred to in this Act as an “ experimental traffic order ”) making any such provision—
a
as respects a road outside Greater London, as may be made by a traffic regulation order;
b
as respects a road in Greater London, as may be made by an order under section 6, 45, 46, 49, F31or 83(2) or by virtue of section 84(1)(a) of this Act.
F322
An experimental traffic order made by a local traffic authority outside Greater London may, with the consent of the Secretary of State F47or a strategic highways company, extend to a road in relation to which he F48or 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.
2A
3
An experimental traffic order shall not continue in force for longer than 18 months.
4
Subject to Parts I to III of Schedule 9 of this Act, where—
a
an experimental traffic order has been made for a period of less than 18 months, and
b
the order has not ceased to be in force,
the authority by whom the order was made may from time to time by order direct that it shall continue in force for a further period ending not later than 18 months after it first came into force.
5
Where an experimental traffic order made by F33a London borough council or the Common Council of the City of London has not ceased to be in force, and the Secretary of State is satisfied that—
a
an order which F33the council propose to make under any of the provisions of this Act specified in subsection (1)(b) above has the sole effect of reproducing and continuing in force indefinitely the provisions of the experimental traffic order (whether or not that order has been varied, or has been modified or suspended under section 10(2) of this Act), and
b
in consequence of F33the council causing a public inquiry to be held into the order so proposed to be made, they would be unable to make it so that it would come into operation before the experimental traffic order ceases to be in force,
the Secretary of State may, at the request of F33the council, from time to time direct that the experimental traffic order shall continue in force for a further period not exceeding 6 months from the date when it would otherwise cease to be in force.
F345A
So much of section 4(1) or 7(1) of this Act as provides for a presumption that a traffic sign is lawfully placed shall apply for the purposes of an order under this section making any such provision as is referred to in that subsection.
6
In this section and section 10 of this Act “road ”, in relation to Greater London, includes any street as defined by section 6(6) of this Act.
10 Supplementary provisions as to experimental traffic orders.
1
An experimental traffic order—
a
may provide for the suspension or modification, while the order is in force, of any provision previously made by or under any enactment, if it is a provision that could have been made by the order; and
b
shall, to the extent that it is inconsistent with any provision subsequently made by or under any enactment, cease to have effect.
F352
An experimental traffic order may include provision empowering a specified officer of the authority who made the order, or a person authorised by such a specified officer, to modify or suspend the operation of the order or any provision of it if it appears to him essential—
a
in the interests of the expeditious, convenient and safe movement of traffic,
b
in the interests of providing suitable and adequate on-street parking facilities, or
c
for preserving or improving the amenities of the area through which any road affected by the order runs.
The power conferred by such a provision shall be exercised only after consulting the appropriate chief officer of police and giving such public notice as the Secretary of State may direct.
F363
Any such power to modify an experimental traffic order as is mentioned in subsection (2) above does not extend to making additions to the order or to designating additional on-street parking places for which charges are made; but subject to that the modifications may be of any description.
4
No appeal shall lie to the Secretary of State from the F37commissioner for the Metropolitan Traffic Area under section 42 of the Transport Act 1985 in the case of a decision of the commissioner with respect to a London local service licence if and so far as he certifies that the decision was necessary to secure conformity with an experimental traffic order prescribing—
a
the routes to be followed, or roads which are not to be used, by vehicles affected by the decision, or
b
the places in roads where such vehicles may or may not wait, or
c
the stopping places for such vehicles.
5
F396
The reference in subsection (4) above to the Metropolitan Traffic Area shall be construed as if it were contained in the Public Passenger Vehicles Act 1981.
C27C2811 Contravention of experimental traffic order.
F401
Any person who acts in contravention of, or fails to comply with, an experimental traffic order shall be guilty of an offence.
2
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F45Temporary suspension
S. 13A inserted (1.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 81, Sch. 7, para.4 (with s. 79(1)); S.I. 1991/2054, art. 3,Sch.
F4413A Temporary suspension of provisions under s. 6 or 9 orders.
1
The Commissioner of Police of the Metropolis or the Commissioner of Police for the City of London may temporarily suspend the operation of any provision of an order made under section 6 or 9 of this Act so far as that provision relates to any road or part of a road in Greater London which is within his area, in order to prevent or mitigate congestion or obstruction of traffic, or danger to or from traffic in consequence of extraordinary circumstances.
2
Subject to subsection (3) below, the period of suspension under subsection (1) above shall not continue for more than 7 days.
3
If the Secretary of State gives his consent to the period of suspension being continued for more than 7 days, the suspension shall continue until the end of such period as may be specified by the Secretary of State in giving his consent.
Pt. 1 applied (with modifications) (S.) (19.4.2007) by Edinburgh Airport Rail Link Act 2007 (asp. 16), s. 38 (with ss. 52, 60)