New Roads and Street Works Act 1991

Traffic regulation on special roads E+W+S

28 (1) Section 17 of the Road Traffic Regulation Act 1984 (traffic regulation on special roads) is amended as follows. E+W+S

(2) For subsection (1) (traffic authorised to use special road) substitute—

“(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.”.

(3) In subsection (2) (regulations as to use of special roads), for the words from “and such regulations” to the end of paragraph (a) substitute— “Such 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;”.

(4) For subsection (5) (provisions as to date of opening of special road) substitute—

“(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.”.

(5) In subsection (6) omit the words from “and “the date of opening”” to the end.

Commencement Information

I1 Sch. 8 para. 28 wholly in force; Sch. 8 para. 28 in force (S.) at 01.11.1991 see s. 170(1) and S.I. 1991/2286 art. 2(2), Sch. 2; Sch. 8 para. 28 in force (E.W.) at 01.11.1991 see s. 170(1) and S.I. 1991/2288, art. 3, Sch.

29 E+W+S After section 17 of the Road Traffic Regulation Act 1984 insert—

“17A Further provisions as to special roads.

(1) On the date declared by the traffic authority, by notice published in the prescribed manner, to be the date on which a special road, or a part of a special road, is open for use as a special road, any existing order under section 1, 6, 9 or 84 of this Act relating to that road or part shall cease to have effect.

(2) This is without prejudice to any power to make orders under those provisions in relation to the road or part as a special road; and any such power may be exercised before the date referred to above, so as to take effect on that date.

(3) The procedure for making an order applies in such a case with such modifications as may be prescribed.”.

Commencement Information

I2 Sch. 8 para. 29 wholly in force; Sch. 8 para. 29 in force (S.) at 01.11.1991 see s. 170(1) and S.I. 1991/2286 art. 2(2), Sch. 2; Sch. 8 para. 29 in force (E.W.) at 01.11.1991 see s. 170(1) and S.I. 1991/2288, art. 3, Sch.