[F1(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)The Secretary of State may make regulations with respect to the use of special roads,[F2Such 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; F3. . .
(c)relax, or enable any authority so specified to relax, any prohibition or restriction imposed by the regulations.
[F4(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.
[F5(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.]
(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.
[F6(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, F7 . . .
Textual Amendments
F1 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.
F2 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.
F3 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.
F4 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.
F5S. 17(3A) inserted (S.) (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 11(2) (with s. 32); S.S.I. 2000/312, art. 2
F6 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.
F7 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)
C1 S. 17 modified (13.2.1992) by Severn Bridges Act 1992 (c. 3) , s. 22(3)
C2 S. 17(2) amended (1.7.1999) by S.I. 1999/1750 , art. 4 Sch. 3 ; S.I. 1998/3178 , art. 3
C3 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
C4 S. 17(5) applied (23.10.1995) by S.I. 1995/2507 , reg. 3