Traffic regulation
41.—(1) Subject to the provisions of this article, and the consent of the traffic authority in whose area the road concerned is situated, which consent must not be unreasonably withheld, the undertaker may, for the purposes of the authorised transit system—
(a)permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles in the manner specified in Part 1 of Schedule 7 (traffic regulation) on those roads specified in column (2) and along the lengths and between the points specified in column (3) of that Part of that Schedule;
(b)authorise the use as a parking place in the manner specified in Part 2 of Schedule 7 of those roads specified in column (2) and along the lengths, between the points and to the extent specified in column (3) of that Part of that Schedule;
(c)make provision as to the direction of vehicular traffic in the manner specified in Part 3 of Schedule 7 on the roads specified in column (2) and along the lengths, between the points and as respects direction to the extent specified in column (3) of that Part of that Schedule;
(d)permit or prohibit vehicular access in the manner specified in Part 4 of Schedule 7 to those roads specified in column (2) and along the lengths, between the points and as respects direction to the extent specified in column (3) of that Part of that Schedule; and
(e)revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act in so far as it is inconsistent with any prohibition, restriction or other provision made by the undertaker under this paragraph.
(2) Without limitation on the scope of the specific powers conferred by paragraph (1) but subject to the provisions of this article and the consent of the traffic authority in whose area the road concerned is situated, which consent must not be unreasonably withheld, the undertaker may, in so far as may be necessary or expedient for the purposes of, in connection with, or in consequence of the construction, maintenance or operation of the authorised transit system—
(a)revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act;
(b)permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles on any road;
(c)authorise the use as a parking place of any road;
(d)make provision as to the direction or priority of vehicular traffic on any road; and
(e)permit or prohibit vehicular access to any road,
either at all times or at times, on days or during such periods as may be specified by the undertaker.
(3) The powers conferred by paragraphs (1) and (2) may be exercised at any time prior to the expiry of 12 months from the opening of the authorised transit system for public use but subject to paragraph (6) any prohibition, restriction or other provision made under paragraphs (1) or (2) may have effect both before and after the expiry of that period.
(4) The undertaker must consult the chief officer of police and the traffic authority in whose area the road is situated before complying with the provisions of paragraph (5).
(5) The undertaker must not exercise the powers conferred by paragraphs (1) or (2) unless it has—
(a)given not less than—
(i)12 weeks’ notice in writing of its intention to do so in the case of a prohibition, restriction or other provision intended to have effect permanently; or
(ii)4 weeks’ notice in writing of its intention to do so in the case of a prohibition, restriction or other provision intended to have effect temporarily,
to the chief officer of police and to the traffic authority in whose area the road is situated; and
(b)advertised its intention in such manner as the traffic authority may specify in writing within 28 days of its receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(i), or within 7 days of its receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(ii).
(6) Any prohibition, restriction or other provision made by the undertaker under paragraph (1) or (2)—
(a)has effect as if duly made by, as the case may be—
(i)the traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 Act; or
(ii)the local authority in whose area the road is situated, as an order under section 32 or section 45 of the 1984 Act,
and the instrument by which it is effected may specify savings and exemptions (in addition to those mentioned in Schedule 10) to which the prohibition, restriction or other provision is subject; and
(b)is deemed to be a traffic order for the purposes of Schedule 7 to the Traffic Management Act 2004(1) (road traffic contraventions subject to civil enforcement).
(7) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers of paragraph (2) within a period of 24 months from the opening of the authorised transit system for public use.
(8) Before exercising the powers of paragraph (2) the undertaker must consult such persons as it considers necessary and appropriate and must take into consideration any representations made to it by any such person.
(9) Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.
(10) The powers conferred on the undertaker by this article with respect to any road have effect subject to any agreement entered into by the undertaker with any person with an interest in (or who undertakes activities in relation to) premises served by the road.