- Latest available (Revised)
- Point in Time (01/04/2018)
- Original (As enacted)
Point in time view as at 01/04/2018.
There are currently no known outstanding effects for the Road Traffic Regulation Act 1984, Section 17.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
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)[F2Regulations may make provision] with respect to the use of special roads,[F3Such 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; F4. . .
(c)relax, or enable any authority so specified to relax, any prohibition or restriction imposed by the regulations.
F5 [( 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.
[F6(3ZA)The power to make provision of the following kinds by regulations under subsection (2) is exercisable by the Scottish Ministers—
(a)provision with respect to a particular special road in Scotland;
(b)provision for regulating the speed of vehicles on special roads in Scotland.
[F7(3ZAA)The power to make provision of the following kinds by regulations under subsection (2) is exercisable by the Welsh Ministers—
(a)provision with respect to a particular special road in Wales;
(b)provision for regulating the speed of vehicles on special roads in Wales.]
(3ZB)The power to make provision of any other kind by regulations under subsection (2) is exercisable by the Secretary of State.
(3ZC)In relation to special roads in Scotland that power of the Secretary of State is exercisable only after consultation with the Scottish Ministers.
[F8(3ZCA)In relation to special roads in Wales, that power of the Secretary of State is exercisable only after consultation with the Welsh Ministers.]
F9(3ZD). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(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.
[F10(a)the National Park authority for any National Park which would be affected by the regulations.]F11...
F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F12(3B)Before making regulations under subsection (2), the Welsh Ministers must consult the National Park authority for any National Park that 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.
[F13( 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, F14 . . .
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 (3.7.2012) by Scotland Act 2012 (c. 11) , ss. 21(3) , 44(5) ; S.I. 2012/1710 , art. 2(k)
F3 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.
F4 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.
F5 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.
F6 S. 17(3ZA)-(3ZD) inserted (3.7.2012) by Scotland Act 2012 (c. 11) , ss. 21(4) , 44(5) ; S.I. 2012/1710 , art. 2(k)
F7S. 17(3ZAA) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 26(2), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(f)
F8S. 17(3ZCA) inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 36(2) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(r)
F9S. 17(3ZD) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 4(a)
F10 Words in s. 17(3A)(a) renumbered as s. 17(3A)(a) (3.7.2012) by Scotland Act 2012 (c. 11) , ss. 21(5)(a) , 44(5) ; S.I. 2012/1710 , art. 2(k)
F11S. 17(3A)(b) and preceding word omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 4(b)
F12S. 17(3B) inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 36(3) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(r)
F13 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.
F14 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
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: