Modifications etc. (not altering text)
C1Pt. V (ss. 62-105) extended (13.2.1992) by Severn Bridges Act 1992 (c. 3), s. 32(2)(a)
Textual Amendments
F1Ss. 90G-90I and cross-heading inserted (16.5.1992) by Traffic Calming Act 1992 (c. 30), ss. 1(2), 3, Sch. 1
(1)A highway authority may, in a highway maintainable at the public expense for which they are the highway authority, construct traffic calming works which—
(a)are of a description prescribed by regulations under section 90H below, or
(b)are specially authorised by the Secretary of State, [F3or
(c)fall within section 90GA below,]]
and may remove such works (whenever constructed).
(2)A highway authority shall not exercise the powers conferred by [F4subsection (1)(a) or (b)] above except in accordance with any requirements imposed by the regulations or authorisation concerned.
(3)Requirements imposed by a special authorisation given by the Secretary of State under this section may relate to any matter with respect to which regulations may be made under section 90H below.
(4)Nothing in this section shall prejudice any power of a highway authority to construct or remove traffic calming works which are neither of a description prescribed by regulations under section 90H below nor specially authorised by the Secretary of State.
Textual Amendments
F2Ss. 90G-90I and cross-heading inserted (16.5.1992) by Traffic Calming Act 1992 (c. 30), ss. 1(1), 3, Sch. 1
F3S. 90G(1)(c) and the word “or” immediately preceding it inserted (3.7.2000) by 1999 c. 29, s. 269(2) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
F4Words in s. 90G(2) expressed to be inserted (3.7.2000) by 1999 c. 29, s. 269(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
(1)Traffic calming works fall within this section if—
(a)the works are constructed by a local highway authority in Greater London, and
(b)the requirements of [F6subsections (2), (3) and (4)] below have been complied with.
(2)The requirement of this subsection is that before starting to construct the works the authority concerned gives the Secretary of State notice stating—
(a)the nature, dimensions and location of the proposed works,
(b)the type and description of signs which are proposed to be located in the highway in connection with the proposed hump, and
(c)the period (of not less than one month) within which, and the address to which, the Secretary of State may send any comments on the proposal to the authority.
(3)The requirement of this subsection is that in deciding—
(a)whether to proceed with the construction of the works, and
(b)what the nature, dimensions and location of the works as constructed are to be,
the authority concerned has regard to any comments made by the Secretary of State within the period stated in the notice.
[F7(4)The requirement of this subsection is that the authority concerned complies with such requirements as to consultation and publicity as may be prescribed by regulations made by the Secretary of State.]
Textual Amendments
F5S. 90GA inserted (3.7.2000) by 1999 c. 29, s. 269(4) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.
F6Words in s. 90GA(1)(b) substituted (27.5.2000) by S.I. 2000/1435, art. 2, Sch. Pt. I para. 7(3)
F7S. 90GA(4) inserted (27.5.2000) by S.I. 2000/1435, art. 2, Sch. Pt. I para. 7(2)(4)
(1)The Secretary of State may make regulations—
(a)prescribing any description of traffic calming works for the purposes of section 90G above, and
(b)making such provision (if any) as appears to him necessary or expedient in relation to the construction, maintenance and removal of works of a prescribed description.
(2)Regulations under this section may in particular—
(a)provide that works of a prescribed description shall be constructed only in highways of such descriptions and in such circumstances as may be prescribed by the regulations;
(b)impose requirements as to—
(i)the dimensions and location of works;
(ii)the placing of signs;
(iii)the carrying out and maintenance of ancillary or consequential works;
(c)impose requirements as to consultation and publicity in respect of proposed works.
[F9(d)provide that, in such cases or circumstances as the regulations may specify, works may be constructed or removed only with the consent of a police officer of such class as the regulations may specify.]
(3)Regulations under this section may make different provision for different cases.
Textual Amendments
F8Ss. 90G-90I and cross-heading inserted (16.5.1992) by Traffic Calming Act 1992 (c. 30), ss. 1(1), 3, Sch. 1
F9S. 90H(2)(d) added (19.1.2005) by Civil Contingencies Act 2004 (c. 36), s. 32(1), Sch. 2 Pt. 3 para. 15(1); S.I. 2004/3281, art. 2(3)(4)
[F11(1)Works (whenever constructed) to which this subsection applies] shall not be treated as constituting an obstruction to the highway but as part of the highway, so that in particular—
(a)the obligation of any person to maintain the highway, and
(b)the obligation of any person having power to break open the highway to make good any damage or otherwise reinstate the highway,
extend to maintaining or, as the case may be, making good any damage to or otherwise reinstating the works.
[F12(2)Subsection (1) above applies—
(a)to works of a description prescribed by regulations under section 90H above or specially authorised under section 90G above which conform to any requirements imposed by the regulations or authorisation, and
(b)to works which fall within section 90GA above.]
Textual Amendments
F10Ss. 90G-90I and cross-heading inserted (16.5.1992) by Traffic Calming Act 1992 (c. 30), ss. 1(2), 3, Sch. 1
F11Words in s. 90I substituted (3.7.2000) by 1999 c. 29, s. 269(5) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
F12S. 90I(2) inserted (3.7.2000) by 1999 c. 29, s. 269(6) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3