The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996

Holding a public inquiry

9.—(1) The order making authority shall cause a public inquiry to be held before making an order to which paragraph (3) applies and may cause such an inquiry to be held before making any other order.

(2) A public inquiry shall be held by an inspector appointed by the order making authority and selected from a panel of persons chosen by the Secretary of State to hold such inquiries.

(3) Subject to paragraphs (4) and (5), this paragraph applies to an order if—

(a) its effect is to prohibit the loading or unloading of vehicles or vehicles of any class in a road on any day of the week—

(i) at all times;

(ii) before 07.00 hours;

(iii) between 10.00 and 16.00 hours; or

(iv) after 19.00 hours,

and an objection has been made to the order (other than one which the order making authority is satisfied is frivolous or irrelevant) and not withdrawn; or

(b) its effect is to prohibit or restrict the passage of public service vehicles along a road and an objection has been made to the order in accordance with regulation 8—

(i) in the case of a road outside Greater London, by the operator of a local service the route of which includes that road; or

(ii) in the case of a road in Greater London, by the operator of a London bus service the route of which includes that road or by London Regional Transport.

(4) For the purposes of paragraph (3)(a), an order shall not be taken to have the effect of prohibiting loading at any time to the extent that it—

(a) authorises the use of part of a road as a parking place, or designates a parking place on a road, for the use of a disabled person’s vehicle as defined by section 142(1) of the 1984 Act;

(b) relates to a length of the side of a road extending 15 metres in either direction from the point where one road joins the side of another road,

unless the effect of the order taken with prohibitions already imposed is to prohibit loading and unloading by vehicles of any class at the time in question for a total distance of more than 30 metres out of 50 metres on one side of any length of road.

(5) Paragraph (3) does not apply to an order—

(a) if it is an experimental order;

(b) made under section 84 of the 1984 Act (speed limits on roads other than restricted roads); or

(c) to the extent that it relates to a road which forms part of a priority route designated by the Secretary of State pursuant to section 50 of the Road Traffic Act 1991 (designation of priority routes in London).

(6) In this regulation “public service vehicle” has the meaning given by section 1 of the Public Passenger Vehicles Act 1981(1).

(1)

Section 85 was amended by the New Roads and Street Works Act 1991, Schedule 8, paragraph 62 and by the Road Traffic Act 1991, Schedule 4, paragraph 30 and Schedule 8.