National Parks and Access to the Countryside Act 1949

93 Restriction of traffic on certain roads

(1) Where it appears to the council of a county or county borough, as respects a road in their area, being a road in a National Park or in an area of outstanding natural beauty or a road forming part of a long-distance route, that it is expedient that the use of the road by traffic of any particular description should be restricted on the grounds—

(a) in the case of a road in a National Park or area of outstanding natural beauty, that the use of the road by traffic of that description would detract from the natural beauty of the Park or area or from the enjoyment thereof by the community as a whole, and

(b) in the case of a road forming part of a long-distance route, that the use of the road by such traffic would prejudice the use thereof by persons journeying on foot or on horseback,

the following provisions of this section shall have effect.

(2) The council shall consider what restrictions appear to them to be requisite on the grounds mentioned in the last foregoing subsection and shall also consider the extent (if any) to which any such restrictions would interfere with—

(a) the reasonable requirements of members of the public as users of traffic of the description proposed to be restricted ;

(b) any reasonable requirements for such traffic to have access to premises situated on or near the road ; and

(c) any other special or local requirements as to the use of the road by traffic that description.

(3) If after such consideration as aforesaid the council are of the opinion that it is expedient so to do, the council may make and submit to the Minister of Transport an order imposing, either generally or in such cases or subject to such exceptions as may be specified in the order, such restrictions as may be so specified on the use of the road by traffic of any such description as may be so specified.

(4) Where, as respects a road in respect of which the council of a county propose to make an order under this section, an authority other than that council are the highway authority, the said council shall consult with the highway authority before making the order.

(5) Where, as respects a road in a National Park or area of outstanding natural beauty or a road forming part of a long distance route, it appears to the Commission desirable that an order under this section should be made in respect of the road, and the council of the county or county borough, as the case may be, have not made the order, the Commission may apply to the Minister of Transport for an order such as is mentioned in subsection (3) of this section, and the said Minister, after considering the matters specified in subsection (2) of this section, may if he thinks fit make such an order.

(6) Any person who contravenes an order under this section shall be liable on summary conviction, in the case of a first offence under this section, to a fine not exceeding twenty pounds and, in the case of a second or any subsequent offence thereunder, to a fine not exceeding fifty pounds.

(7) Where an order under this section has been made by the Minister of Transport as respects any road, he may give to the highway authority directions as to the exercise by them in relation to the road of their powers under section forty-eight of the Road Traffic Act, 1930 (which provides for the erection of traffic signs); and any directions under this subsection—

(a) may require the traffic signs to be placed in pursuance thereof to be of such size, colour and type as may be specified in the directions, notwithstanding that the size, colour or type may not be one prescribed for the purposes of the said section forty-eight;

(b) shall be enforceable, on the application of the Minister of Transport, by mandamus.

(8) In this section the expression " road " means a highway other than a public path (as defined in Part IV of this Act); and for the purposes of this section a road shall be deemed to form part of a long-distance route if it is certified by the Minister that the road is comprised in a route as to which proposals have been approved by the Minister under the provisions in that behalf of the said Part IV.