16.—(1) Subject to paragraphs (3) and (5), a street authority may only designate a street as traffic-sensitive under section 64 if one or more of the criteria set out in paragraph (2) are met.
(2) The criteria referred to in paragraph (1) are that the street —
(a)is one on which at any time the street authority estimate the traffic flow to be greater than 500 vehicles per hour per lane of carriageway, disregarding bus or cycle lanes;
(b)is a single carriageway two-way road, the carriageway of which is less than 6.5 metres wide, having a traffic flow in both directions of not less than 600 vehicles per hour;
(c)falls within an area covered by an Order in respect of congestion charges made under section 169 of the Transport Act 2000(1);
(d)is one on which more than 25% of the traffic flow in both directions consists of heavy commercial vehicles;
(e)is one on which the traffic flow in both directions includes more than eight buses per hour;
(f)is designated by the local highway authority, as part of its winter maintenance programme, as one requiring the treatment of any part of it with salt or other chemicals, when low temperatures are expected, to prevent the formation of ice;
(g)is within 100 metres of a critical signalised junction or a critical gyratory or roundabout system;
(h)has a pedestrian traffic flow of at least 1300 people per hour, per metre width of footway; or
(i)is on a tourist route or within an area where international, national or significant major local events take place.
(3) A street authority may only designate a street as traffic-sensitive in accordance with paragraph (1) for the times and on the dates when one or more of the criteria set out in paragraph (2) apply.
(4) The procedure for making or withdrawing a designation under paragraph (1) is set out in the Schedule.
(5) A street authority may, notwithstanding paragraphs (1) to (3), designate a street as traffic-sensitive with the agreement of the majority of statutory undertakers whom they know to have apparatus in the street.
(6) The information to be made available by the street authority in respect of each street for the time being designated by them as traffic-sensitive must include —
(a)the date of designation;
(b)particulars of the street in sufficient detail to enable it to be identified; and
(c)in the case of a limited designation, the times of day, days, periods or occasions when the designation applies.
(7) In this regulation —
“bus” (“bws”) has the same meaning as in regulation 22(2) of the 2002 Regulations;
“bus lane”( “lôn i fysiau”) and “cycle lane” (“lôn i feiciau”) have the same meaning as in regulation 4 of the 2002 Regulations;
“critical signalised junction” (“cyffordd â signalau critigol”) means a traffic signal junction at which, in the absence of street works or works for road purposes and at times when the exit is not blocked, no less than 5 per cent of peak hour vehicles on average fail to clear the junction on the first green signal;
“critical gyratory or roundabout system” (“system gylchdro neu gylchfan gritigol”) means a gyratory or roundabout system where, in the absence of street works or works for road purposes, no less than 5 per cent of peak hour vehicles on average are delayed by more than 20 seconds;
“heavy commercial vehicle” (“cerbyd masnachol trwm”) has the meaning given by section 138 of the 1984 Act; and
“peak hour” (“oriau brig”) means between 7.30 am and 9.30 am and between 3.30 pm and 7.00 pm on the relevant day.