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Road Traffic Regulation Act 1984

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Road Traffic Regulation Act 1984

1984 CHAPTER 27

An Act to consolidate the Road Traffic Regulation Act 1967 and certain related enactments, with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.

[26th June 1984]

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Modifications etc. (not altering text)

C3Act extended (with modifications) (E.W.) by Dartford-Thurrock Crossing Act 1988 (c. 20, SIF 59), ss. 3, 19, Sch. 3 para. 10(1)(2)

C5Act applied (E.W.) by Dartford-Thurrock Crossing Act 1988 (c. 20, SIF 59), ss. 5(2), 19

Act applied (E.W.) (10.11.1993) by 1993 c. 28, s. 173(2); S.I. 1993/2762, art.3

Act applied (E.W.) (11.10.1993) by 1980 c. 65, s. 157B(2) (as inserted (11.10.1993) by 1993 c. 28, s.178); S.I. 1993/2134, art. 4(b) (with Sch. 1 para. 8)

Act applied (with modifications) (3.3.1997) by S.I. 1997/56, art. 6(1), Sch. 4 Pt. I

Act applied (with modifications): (1.9.2003) by S.I. 2003/1924, art. 6, Sch. 2; (1.9.2003) by S.I. 2003/1984, art. 6, Sch. 2; (6.10.2003) by S.I. 2003/2326, art. 6, Sch. 2; (20.10.2003) by S.I. 2003/2336, art. 6, Sch. 2

C7Act modified and restricted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), ss. 3(1)(2), 43(1)(2) (with ss. 25(2), 47(4), 167(2)); which is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch.2 and for England and Wales only by S.I. 1991/2288, art. 3, Sch.

C8Act: definition of "traffic authority " applied (1.7.1992) by Road Traffic (Temporary Restrictions) Act 1991 (c. 26, SIF 107:1), s. 2(5)(7); S.I. 1992/1218, art. 2

Act: definition of "traffic authority" and "traffic sign" applied (E.W.) (14.7.1992) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 105(1) (with s. 167(4)(5)); S.I. 1992/1686, art. 3, Sch.

Act: definition of "traffic authority" and "traffic sign" applied (S.) (14.7.1992) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 164(1) (with s. 167(4)(5)); S.I. 1992/1671, art. 2, Sch.

C9Act modified (4.7.1994) by: S.I. 1994/1487, art. 4(1); S.I. 1994/1488, art. 4(1); S.I. 1994/1489, art. 4(1); S.I. 1994/1490, art. 4(1); S.I. 1994/1491, art. 4(1); S.I. 1994/1492, art. 4(1); S.I. 1994/1493, art. 4(1); S.I. 1994/1494, art. 4(1); S.I. 1994/1495, art. 4(1); S.I. 1994/1496, art. 4(1); S.I. 1994/1497, art. 4(1); S.I. 1994/1498, art. 4(1); S.I. 1994/1499, art. 4(1); S.I. 1994/1500, art. 4(1); S.I. 1994/1501, art. 4(1); S.I. 1994/1502, art. 4(1); S.I. 1994/1503, art. 4(1); S.I. 1994/1504, art. 4(1); S.I. 1994/1505, art. 4(1); S.I. 1994/1506, art. 4(1); S.I. 1994/1507, art. 4(1); S.I. 1994/1508, art. 4(1); S.I. 1994/1509, art. 4(1); S.I. 1994/1510, art. 4(1); S.I. 1994/1613, art. 4(1)

Act modified (18.2.1996) by 1996 c. 61, s. 44, Sch. 12 Pt. III para. 12

Act modified (20.5.1996) by S.I. 1996/1171, art. 5, Sch. 2

Act modified (3.2.1997) by S.I. 1996/2650, art. 5(1), Sch. 3 Pt. I

Act modified (27.10.1997) by S.I. 1997/2304, art. 6(1), Sch. 2

Act modified (29.9.1997) by S.I. 1997/2078, art. 6, Sch. 4

Act modified (19.1.1999) by S.I. 1998/3207, art, 5, Sch. 2

Act modified: (10.5.1999) by S.I. 1999/1112, art. 6, Sch. 2; (4.10.1999) by S.S.I. 1999/59, art. 5(1), Sch. 3 Pt. I; (3.1.2000) by S.I. 1999/3313, art. 6, Sch. 2; (4.1.2000) by S.I. 1999/3314, art. 6, Sch. 2; (10.1.2000) by S.I. 1999/3401, art. 6, Sch. 2; (10.1.2000) by S.I. 1999/3402, art. 6, Sch. 2; (10.1.2000) by S.I. 1999/3403, art. 6, Sch. 2; (10.1.2000) by S.I. 1999/3404, art. 6, Sch. 2; (10.1.2000) by S.I. 1999/3405, art. 6, Sch. 2; (5.4.1999) by S.I. 1999/131, art. 6, Sch. 3; (5.4.1999) by S.I. 1999/768, art. 6, Sch. 2

Act modified: (15.1.2001) by S.I. 2000/3317, art. 6, Sch. 2; (8.10.2000) by S.I. 2000/2534, art. 6, Sch. 2; (30.10.2000) by S.I. 2000/1719, art. 6, Sch. 2; (1.9.2000) by S.I. 2000/2120, art. 6, Sch. 2; (2.10.2000) by S.I. 2000/2430, art. 6, Sch. 2; (13.11.2000) by S.I. 2000/2871, art. 6, Sch. 4; (10.4.2000) by S.I. 2000/791, art. 6, Sch. 2; (1.2.2000) by S.I. 2000/8, art. 6, Sch. 2; (1.4.2000) by S.I. 2000/699, art. 6, Sch. 2; (3.4.2000) by S.I. 2000/722, art. 6, Sch. 2; (4.9.2000) by S.I. 2000/2169, art. 6, Sch. 2

Act modified: (23.1.2001) by S.I. 2001/1, art. 6, Sch. 2; (19.2.2001) by S.I. 2001/180, art. 6, Sch. 2; (1.4.2001) by S.I. 2001/787, art. 6, Sch. 2; (1.4.2001) by S.I. 2001/849, art. 6, Sch. 2; (2.4.2001) by S.I. 2001/894, art. 6, Sch. 2; (1.9.2001) by S.I. 2001/1427, art. 6, Sch. 2; (1.7.2001) by S.I. 2001/1789, art. 6, Sch. 2; (2.7.2001) by S.I. 2001/1855, art. 6, Sch. 2; (2.7.2001) by S.I. 2001/1856, art. 6, Sch. 2; (16.7.2001) by S.I. 2001/2272, art. 6, Sch. 2; (3.9.2001) by S.I. 2001/2818, art. 6, Sch. 2; (3.9.2001) by S.I. 2001/2819, art. 6, Sch. 2; (3.9.2001) by S.I. 2001/2883, art. 6, Sch. 2; (1.10.2001) by S.I. 2001/3058, art. 6, Sch. 2; (1.10.2001) by S.I. 2001/3059, art. 6, Sch. 2; (5.11.2001) by S.I. 2001/3397, art. 6, Sch. 2; (26.11.2001) by S.I. 2001/3565, art. 6, Sch. 2

Act modified: (4.2.2002) by S.I. 2002/37, art. 6, Sch. 2; (25.2.2002) by S.I. 2002/126, art. 6, Sch. 2; (4.3.2002) by S.I. 2002/276, art. 6, Sch. 2; (25.3.2002) by S.I. 2002/421, art. 6, Sch. 2; (2.4.2002) by S.I. 2002/422, art. 6, Sch. 2; (5.6.2002) by S.I. 2002/1351, art. 6, Sch. 2; (5.6.2002) by S.I. 2002/1352, art. 6, Sch. 2; (1.7.2002) by S.I. 2002/1353, art. 6, Sch. 2; (1.7.2002) by S.I. 2002/1484, art. 6, Sch. 2; (1.7.2002) by S.I. 2002/1485, art. 6(1), Sch. 2 Pt. I; (1.7.2002) by S.I. 2002/1486, art. 6(1), Sch. 2 Pt. I; (1.7.2002) by S.I. 2002/1504, art. 6, Sch. 2; (15.7.2002) by S.I. 2002/1621, art. 6, Sch. 2; (1.10.2002) by S.I. 2002/2012, art. 6, Sch. 2; (1.10.2002) by S.I. 2002/2183, art. 6, Sch. 2; (1.10.2002) by S.I. 2002/2184, art. 6, Sch. 2; (1.10.2002) by S.I. 2002/2185, art. 6, Sch. 2; (1.10.2002) by S.I. 2002/2186, art. 6, Sch. 2; (1.10.2002) by S.I. 2002/2187, art. 6, Sch. 2; (1.10.2002) by S.S.I. 2002/398, art. 5(1), Sch. 3 Pt. I; (14.10.2002) by S.I. 2002/2188, art. 6, Sch. 2; (25.11.2002) by S.I. 2002/2705, art. 6, Sch. 2; (20.1.2003) by S.I. 2002/2520, art. 6, Sch. 2; (3.2.2003) by S.I. 2002/3265, art. 7, Sch. 2; (3.2.2003) by S.I. 2002/3266, art. 6, Sch. 2

Act modified: (17.2.2003) by S.I. 2003/95, art. 6, Sch. 2; (S.) (3.3.2003) by S.S.I. 2003/70, art. 5(1), Sch. 3 Pt. 1; (3.3.2003) by S.I. 2003/251, art. 6, Sch. 2; (1.4.2003) by S.I. 2003/634, art. 6, Sch. 2; (1.4.2003) by S.I. 2003/635, art. 6, Sch. 2; (21.4.2003) by S.I. 2003/898, art. 6, Sch. 2; (2.6.2003) by S.I. 2003/1261, art. 6, Sch. 2; (30.6.2003) by S.I. 2003/1262, art. 6, Sch. 2; (22.9.2003) by S.I. 2003/2153, art. 6, Sch. 2; (29.9.2003) by S.I. 2003/2152, art. 6, Sch. 2; (13.10.2003) by S.I. 2003/2334, art. 6, Sch. 2; (1.11.2003) by S.I. 2003/2440, art. 6, Sch. 2; (10.11.2003) by S.I. 2003/2677, art. 6, Sch. 2; (17.11.2003) by S.I. 2003/2711, art. 6, Sch. 2

Act modified: (W.) (1.2.2004) by S.I. 2004/104, art. 5, Sch. 2; (2.2.2004) by S.I. 2004/13, art. 6, Sch. 2; (1.4.2004) by S.S.I. 2004/87, art. 5(1), Sch. 3 Pt. 1; (26.4.2004) by S.I. 2004/914, art. 6, Sch. 2; (1.6.2004) by S.I. 2004/1278, art. 6, Sch. 2; (1.6.2004) by S.I. 2004/1285, art. 6, Sch. 2; (1.7.2004) by S.I. 2004/1305, art. 6, Sch. 2; (W) (1.7.2004) by S.I. 2004/1608, art. 6, Sch. 2; (4.7.2004) by S.I. 2004/1402, art. 6, Sch. 2; (6.9.2004) by S.I. 2004/2028, art. 6, Sch. 2; (20.9.2004) by S.I. 2004/2111, art. 6, Sch. 2; (1.10.2004) by S.I. 2004/2188, art. 6, Sch. 2; (1.10.2004) by S.I. 2004/2194, art. 6, Sch. 2; (1.10.2004) by S.I. 2004/2212, art. 6, Sch. 2; (1.10.2004) by S.I. 2004/2260, art. 6, Sch. 2; (11.10.2004) by S.I. 2004/2263, art. 6, Sch. 2; (25.10.2004) by S.I. 2004/2424, art. 6, Sch. 3; (8.11.2004) by S.I. 2004/2616, art. 6, Sch. 2; (17.1.2005) by S.I. 2004/3246, art. 6, Sch. 2; (17.1.2005) by S.I. 2004/3310, art. 6, Sch. 2

Act modified: (S.) (7.2.2005) by S.S.I. 2005/11, art. 5(1), Sch. 3 Pt. 1 (as amended (1.10.2006) by S.S.I. 2006/446, art. 4(a)(c)); (1.3.2005) by S.I. 2005/95, art. 6, Sch. 2; (1.4.2005) by S.I. 2005/370, art. 6, Sch. 3; (4.4.2005) by S.I. 2005/81, art. 6, Sch. 2; (4.4.2005) by S.I. 2005/194, art. 6, Sch. 2; (4.4.2005) by S.I. 2005/233, art. 6, Sch. 2; (4.4.2005) by S.I. 2005/378, art. 6, Sch. 2; (4.4.2005) by S.I. 2005/388, art. 6, Sch. 2; (4.4.2005) by S.I. 2005/403, art. 6, Sch. 2; (9.5.2005) by S.I. 2005/405, art. 6, Sch. 2; (1.6.2005) by S.I. 2005/779, art. 6, Sch. 2; (1.6.2005) by S.I 2005/452, {art. 6}, Sch. 2; (4.7.2005) by S.I. 2005/1383, art. 6, Sch. 2; (4.7.2005) by S.I. 2005/1384, art. 6, Sch. 2; (4.7.2005) by S.I. 2005/1385, art. 6, Sch. 2; (4.7.2005) by S.I. 2005/1438, art. 6, Sch. 2; (25.7.2005) by S.I. 2005/1645, art. 6, Sch. 2; (1.9.2005) by S.I. 2005/2151, art. 6, Sch. 2; (5.9.2005) by S.I. 2005/2155, art. 6, Sch. 2; (1.10.2005) by S.I. 2005/2362, art. 6, Sch. 2; (1.1.2006) by S.I. 2005/3295, art. 6, Sch. 2; (9.1.2006) by S.I. 2005/3407, art. 6, Sch. 2; (23.1.2006) by S.I. 2005/3492, art. 6, Sch. 2; (23.1.2006) by S.I 2005/3494, {art. 6}, Sch. 2; (30.1.2006) by S.I. 2005/3543, art. 6, Sch. 2

Act modified: (3.4.2006) by S.I. 2006/592, art. 6, Sch. 2; (20.4.2006) by S.I. 2006/851, art. 6, Sch. 3; (3.7.2006) by S.I. 2006/1445, art. 6, Sch. 2; (3.7.2006) by S.I. 2006/1446, art. 6, Sch. 2; (10.7.2006) by S.I. 2006/1515, art. 6, Sch. 2; (16.8.2006) by S.I. 2006/2167, art. 27(2)-(6); (W.) (1.9.2006) by S.I. 2006/1791, art. 6, Sch. 2; (4.9.2006) by S.I. 2006/2134, art. 6, Sch. 2; (28.9.2006) by S.I. 2006/2319, art. 6, Sch. 1; (2.10.2006) by S.I. 2006/2356, art. 6, Sch. 2; (1.11.2006) by S.I. 2006/2631, art. 6, Sch. 2; (27.11.2006) by S.I. 2006/2819, art. 6, Sch. 2; (2.1.2007) by S.I. 2006/3211, art. 6, Sch. 2; (1.2.2007) by S.I. 2006/3424, art. 6, Sch. 2; (5.2.2007) by S.I. 2006/3421, art. 6, Sch. 2; (5.2.2007) by S.I. 2006/3420, art. 6, Sch. 2

C10Act: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1; S.I. 1998/3178, art. 2(1)

C33Act power to amend secondary legislation conferred (E.W.) (18.9.2014) by The A556 (Knutsford to Bowdon Improvement) Development Consent Order 2014 (S.I. 2014/2269), art. 37(3)

Part IE+W+S General Provisions for Traffic Regulation

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Modifications etc. (not altering text)

C40Pt. 1 applied (with modifications) (S.) (19.4.2007) by Edinburgh Airport Rail Link Act 2007 (asp. 16), s. 38 (with ss. 52, 60)

Outside Greater LondonE+W+S

1 Traffic regulation orders outside Greater London.E+W+S

(1)[F1The traffic authority for a road outside Greater London may make an order under this section (referred to in this Act as a “traffic regulation order”) in respect of the road] where it appears to the authority making the order that it is expedient to make it—

(a)for avoiding danger to persons or other traffic using the road or any other road or for preventing the likelihood of any such danger arising, or

(b)for preventing damage to the road or to any building on or near the road, or

(c)for facilitating the passage on the road or any other road of any class of traffic (including pedestrians), or

(d)for preventing the use of the road by vehicular traffic of a kind which, or its use by vehicular traffic in a manner which, is unsuitable having regard to the existing character of the road or adjoining property, or

(e)(without prejudice to the generality of paragraph (d) above) for preserving the character of the road in a case where it is specially suitable for use by persons on horseback or on foot, or

(f)for preserving or improving the amenities of the area through which the road runs [F2or

(g)for any of the purposes specified in paragraphs (a) to (c) of subsection (1) of section 87 of the Environment Act 1995 (air quality).]

F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 [( 3 )A traffic regulation order made by a local traffic authority may, with the consent of the Secretary of State[F5 , a strategic highways company ] [F6or, as the case may be, the Scottish Ministers]], extend to a road in relation to which he is[F7, it is] [F8or they are] the traffic authority if the order forms part of a scheme of general traffic control relating to roads of which at least one has a junction with the length of road in question.

[F9(3A)A local traffic authority may make a traffic regulation order in respect of a road in relation to which the Secretary of State[F10, a strategic highways company] or the National Assembly for Wales is the traffic authority if—

(a)the order is required for the provision of [F11relevant bus scheme facilities [F12 or for the taking of relevant bus scheme measures ]] , and

(b)the Secretary of State or, the National Assembly for Wales, consents.]

[F13(3A)A local traffic authority may make a traffic regulation order in respect of a road in relation to which the Secretary of State is or, as the case may be, the Scottish Ministers are the traffic authority if—

(a)the order is required for the provision of facilities pursuant to a quality partnership scheme under Part 2 of the Transport (Scotland) Act 2001 (asp 2); and

(b)the consent of the Secretary of State [F14the strategic highways company] or, as the case may be, the Scottish Ministers is obtained.]

[F15(3B) In subsection (3A) “ relevant bus scheme facilities ” means—

[F16(za)facilities provided pursuant to an advanced quality partnership scheme under Part 2 of the Transport Act 2000;]

(a)facilities provided pursuant to a quality partnership scheme under [F17Part 2 of the Transport Act 2000] [F17 that Part]

[F18(aa)facilities provided in connection with a franchising scheme under that Part (see section 123A(3)(d) of that Act);]

(b)facilities provided pursuant to a quality contract within the meaning of that Part (see section 124(4) and (5) of that Act) or otherwise in connection with a quality contracts scheme under that Part.]

[F19(c)facilities provided pursuant to an enhanced partnership scheme under that Part.]

[F20(3C)In subsection (3A) “relevant bus scheme measures” means—

(a)measures taken pursuant to an advanced quality partnership scheme under Part 2 of the Transport Act 2000;

(b)measures taken pursuant to an enhanced partnership scheme under that Part.]

F21(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in s. 1(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 17(2); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2. and for England and Wales only by S.I. 1991/2288, art. 3, Sch.

F2S. 1(1)(g) and preceding word “or " inserted (1.2.1996) by 1995 c. 25, s. 120(1), Sch. 22, para. 36(1)(with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F3S. 1(2) repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1)(2), Sch. 8 para. 17(3), Sch. 9; which repeal is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2. and for England and Wales only by S.I. 1991/2288, art. 3, Sch.

F4S. 1(3) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 17(4); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2. and for England and Wales only by S.I. 1991/2288, art. 3, Sch.

F6Words in s. 1(3) inserted (S.) (1.7.2001) by 2001 asp 2, s. 83, Sch. 2 para. 3(2)(a)(i) (with s. 66); S.S.I. 2001/132, art. 2(3), Sch. Pt. II (subject to transitional provisions and savings in arts. 3, 4)

F8Words in s. 1(3) inserted (S.) (1.7.2001) by 2001 asp 2, s. 83, Sch. 2 para. 3(2)(a)(i) (with s. 66); S.S.I. 2001/132, art. 2(3), Sch. Pt. II (subject to transitional provisions and savings in arts. 3, 4)

F9S. 1(3A) inserted (E.W.) (1.8.2001 for W. and 26.10.2001 for E.) by 2000 c. 38, s. 161, Sch. 11 para. 7; S.I. 2001/2788, art. 2, Sch. 1 para. 11; S.I. 2001/3342, art. 2, Sch.

F11Words in s. 1(3A) substituted (E.W.) (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 45(2), 134; S.I. 2009/3242, art. 2(1)(a) (subject to art. 3)

F12Words in s. 1(3A) inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 16(2), 26(3)

F13S. 1(3A) inserted (S.) (1.7.2001) by 2001 asp 2, s. 83, Sch. 2 para. 3(2)(b) (with s. 66); S.S.I. 2001/132, art. 2(3), Sch. Pt. II (subject to transitional provisions and savings in arts. 3, 4)

F15S. 1(3B) inserted (E.W.) (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 45(3), 134(4); S.I. 2009/3242, art. 2(1)(a)

F16S. 1(3B)(za) inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 16(3), 26(3)

F17Words in s. 1(3B)(a) substituted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 16(4), 26(3)

F18S. 1(3B)(aa) inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 16(5), 26(3)

F19S. 1(3B)(c) inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 16(6), 26(3)

F20S. 1(3C) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 16(7), 26(3)

F21S. 1(4)(5) repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) s. 168(1)(2), Sch. 8 para. 17(5), Sch. 9; which repeal is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2. and for England and Wales by S.I. 1991/2288, art. 3, Sch.

Modifications etc. (not altering text)

C43S. 1 applied (with modifications)(6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), s. 1, Sch. s. 3(2).

C44S. 1 modified (1.7.1992) by S.I. 1992/1217, reg. 3(1)(a) (with reg. 11)

S. 1 modified (1.7.1992) by S.I. 1992/1217, reg. 5 (with reg. 11).

C45Ss. 1, 2, 4: power to make orders extended (S.) (1.4.2002) by The Forth Estuary Transport Authority Order 2002 (S.S.I. 2002/178), art. 9

C46S. 1: transfer of functions (23.3.2005) by The Scotland Act 1998 (Transfer of functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 2, Sch. (with transitional provisions and savings in art. 6)

S. 1: functions made exercisable concurrently (S) (1.11.2006) by The Transfer of Functions to the Shetland transport Partnership Order 2006 (S.S.I. 2006/527), art. 4, Sch. 2

S. 1: functions made exercisable concurrently (S) (7.11.2006) by The Transfer of Functions to the South-West of Scotland Transport Partnership Order 2006 (S.S.I 2006/538), art. 4, {Sch. 2}

C47S. 1 power extended (1.6.2015) by Forth Road Bridge Act 2013 (asp 8), ss. 5(3)(c), 7; S.S.I. 2015/190, art. 2

2 What a traffic regulation order may provide.E+W+S

(1)[F22A traffic regulation order may make] any provision prohibiting, restricting or regulating the use of a road, or of any part of the width of a road, by vehicular traffic, or by vehicular traffic of any class specified in the order,—

(a)either generally or subject to such exceptions as may be specified in the order or determined in a manner provided for by it, and

(b)subject to such exceptions as may be so specified or determined, either at all times or at times, on days or during periods so specified.

(2)[F23The provision that may be made by a traffic regulation order] includes any provision—

(a)requiring vehicular traffic, or vehicular traffic of any class specified in the order, to proceed in a specified direction or prohibiting its so proceeding;

(b)specifying the part of the carriageway to be used by such traffic proceeding in a specified direction;

(c)prohibiting or restricting the waiting of vehicles or the loading and unloading of vehicles;

(d)prohibiting the use of roads by through traffic; or

(e)prohibiting or restricting overtaking.

(3)The provision that may be made by a traffic regulation order also includes provision prohibiting, restricting or regulating the use of a road, or of any part of the width of a road, by, or by any specified class of, pedestrians—

(a)either generally or subject to exceptions specified in the order, and

(b)either at all times or at times, on days or during periods so specified.

(4)[F24A local traffic authority may include] in a traffic regulation order any such provision—

(a)specifying through routes for heavy commercial vehicles, or

(b)prohibiting or restricting the use of heavy commercial vehicles (except in such cases, if any, as may be specified in the order) in such zones or on such roads as may be so specified,

as they consider expedient for preserving or improving the amenities of their area or of some part or parts of their area.

(5)Nothing in subsection (4) above shall be construed as limiting the scope of any power or duty to control vehicles conferred or imposed on any local authority[F25, a strategic highways company] or the Secretary of State otherwise than by virtue of that subsection.

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Amendments (Textual)

F22Words in s. 2(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) s. 168(1), Sch. 8 para. 18(2); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2. and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

F23Words in s. 2(2) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) s. 168(1), Sch. 8 para. 18(3); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2. and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

F24Words in s. 2(4) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) s. 168(1), Sch. 8 para. 18(4); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch.2. and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

Modifications etc. (not altering text)

C49S. 2 applied (with modifications)(6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), s. 1, Sch. s. 3(2).

C50Ss. 1, 2, 4: power to make orders extended (S.) (1.4.2002) by The Forth Estuary Transport Authority Order 2002 (S.S.I. 2002/178), art. 9

S.2: functions made excerisable concurrently (S) (1.11.2006) by The Transfer of Functions to the Shetland transport Partnership Order 2006 (S.S.I. 2006/527), art. 4, Sch. 2

S. 2: functions made exercisable concurrently (S) (7.11.2006) by The Transfer of Functions to the South-West of Scotland Transport Partnership Order 2006 (S.S.I 2006/538), art. 4, {Sch. 2}

C51S. 2: transfer of functions (E.W.) (1.4.2011) by The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), arts. 1, 8(1)(c)

3 Restrictions on traffic regulation orders.E+W+S

(1)F26. . . a traffic regulation order shall not be made with respect to any road which would have the effect—

(a)of preventing at any time access for pedestrians, or

(b)of preventing for more than 8 hours in any period of 24 hours access for vehicles of any class,

to any premises situated on or adjacent to the road, or to any other premises accessible for pedestrians, or (as the case may be) for vehicles of that class, from, and only from, the road.

(2)Subsection (1) above, so far as it relates to vehicles, shall not have effect in so far as the authority making the order are satisfied, and it is stated in the order that they are satisfied, that—

(a)for avoiding danger to persons or other traffic using the road to which the order relates or any other road, or

(b)for preventing the likelihood of any such danger arising, or

(c)for preventing damage to the road or buildings on or near it, or

(d)for facilitating the passage of vehicular traffic on the road, or

(e)for preserving or improving the amentities of an area by prohibiting or restricting the use on a road or roads in that area of heavy commercial vehicles,

it is requisite that subsection (1) above should not apply to the order.

(3)Provision for regulating the speed of vehicles on roads shall not be made by a traffic regulation order.

F27(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Modifications etc. (not altering text)

C53S. 3 applied (with modifications) (6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), ss. 1, 3(2), Sch.

C54S. 3: functions made exercisable concurrently (S.) (1.11.2006) by The Transfer of Functions to the Shetland Transport Partnership Order 2006 (S.S.I. 2006/527), art.4, Sch. 2

S. 3: functions made exercisable concurrently (S.) (7.11.2006) by The Transfer of Functions to the South-West of Scotland Transport Partnership Order 2006 (S.S.I 2006/538), art. 4, {Sch. 2}

4 Provisions supplementary to ss. 2 and 3.E+W+S

(1)A traffic regulation order may make provision for identifying any part of any road to which, or any time at which or period during which, any provision contained in the order is for the time being to apply by means of a traffic sign of a type or character specified in the order (being a type prescribed or character authorised under section 64 of this Act) and for the time being lawfully in place; and for the purposes of any such order so made any such traffic sign placed on and near a road shall be deemed to be lawfully in place unless the contrary is proved.

(2)A traffic regulation order which imposes any restriction on the use by vehicles of a road, or the waiting of vehicles in a road, may include provision with respect to the issue and display of certificates or other means of identification of vehicles which are excepted from the restriction, whether generally or in particular circumstances or at particular times.

(3)A traffic regulation order may also include provision with respect to the issue, display and operation of devices F28. . . for indicating the time at which a vehicle arrived at, and the time at which it ought to leave, any place in a road in which waiting is restricted by the order, or one or other of those times, and for treating the indications given by any such device as evidence of such facts and for such purposes as may be prescribed by the order.

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Amendments (Textual)

F28Words in s. 4(3) repealed (13.9.1996) by S.I. 1996/1553, art. 2(1), Sch.

Modifications etc. (not altering text)

C56S. 4 applied (with modifications)(6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), s. 1, Sch. s. 3(2).

C57Ss. 1, 2, 4: power to make orders extended (S.) (1.4.2002) by The Forth Estuary Transport Authority Order 2002 (S.S.I. 2002/178), art. 9

S. 4 functions made exercisable concurrently (S) (1.11.2006) by The Transfer of Functions to the Shetland transport Partnership Order 2006 (S.S.I. 2006/527), art. 4, Sch. 2

S. 4 functions made exercisable concurrently (S) (7.11.2006) by The Transfer of Functions to the South-West of Scotland Transport Partnership Order 2006 (S.S.I 2006/538), art. 4, {Sch. 2}

5 Contravention of traffic regulation order.E+W+S

(1)A person who contravenes a traffic regulation order, or who uses a vehicle, or causes or permits a vehicle to be used in contravention of a traffic regulation order, shall be guilty of an offence.

F29(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F29S. 5(2) repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1)(2), Sch. 8 para. 20, Sch.9; which repeal is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch.2. and for England and Wales by S.I. 1991/2288, art. 3,Sch.

Modifications etc. (not altering text)

C59S. 5 applied (with modifications)(6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), s. 1, Sch. s. 3(2).

In Greater LondonE+W+S

6 Orders similar to traffic regulation orders.E+W+S

(1)[F30The traffic authority for a road in Greater London may make an order under this section for controlling or regulating vehicular and other traffic (including pedestrians).Provision may, in particular, be made—]

(a)for any of the purposes, or with respect to any of the matters, mentioned in Schedule 1 to this Act, and

(b)for any other purpose which is a purpose mentioned in any of paragraphs [F31(a) to (g)] of section 1(1) of this Act.

F32[(2)In the case of a road for which the Secretary of State [F33or a strategic highways company] is the traffic authority, the power to make an order under this section is also exercisable, with his [F34or its ] consent, by the local traffic authority.]

(3)Any order under this section may be made so as to apply—

[F35(a)to the whole area of a local authority, or to particular parts of that area, or to particular places or streets or parts of streets in that area;]

(b)throughout the day, or during particular periods;

(c)on special occasions only, or at special times only;

(d)to traffic of any class;

(e)subject to such exceptions as may be specified in the order or determined in a manner provided for by it.

[F36(4)Where, by a notice published in the prescribed manner by the highway authority, a date has been or is declared to be the date on which a part of a special road is open for use as a special road, this section shall not apply in relation to that part of that road or (if the date so declared is a date after the commencement of this Act) shall not apply in relation to it on or after that date.]

(5)No order under this section shall contain any provision for regulating the speed of vehicles on roads.

(6)In this section, in section 7 of this Act and in Schedule 1 to this Act “street ” includes any highway, any bridge carrying a highway and any lane, mews, footway, square, court, alley or passage whether a thoroughfare or not; [F37and in subsection (4) above “the prescribed manner ” means the manner prescribed by regulations made by the Secretary of State which were or are in force at the time of publication of the notice.]

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Amendments (Textual)

F30Words in s. 6(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) s. 168(1), Sch. 8 para. 21(2); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2 and for England and Wales only by S.I. 1991/2288, art. 3, Sch.

F31Words in s. 6(1)(b) substituted (1.2.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 36(2)(with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F32S. 6(2) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) s. 168(1), Sch. 8 para. 21(3); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2 and for England and Wales only by S.I. 1991/2288, art. 3, Sch.

F36S. 6(4) repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) s. 168(1)(2), Sch. 8 para. 21(4), Sch. 9; which repeal is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2 relating to Sch. 8 and for England and Wales only by S.I. 1991/2288, art. 3, Sch.

F37Words in s. 6(6) repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) s. 168(1)(2), Sch. 8 para. 21(5), Sch. 9; which repeal is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2 relating to Sch. 8 and for England and Wales only by S.I. 1991/2288, art. 3, Sch.

Modifications etc. (not altering text)

C62S. 6 modified (1.7.1992) by S.I. 1992/1217, reg. 3(1)(b) (with reg. 11)

S. 6 modified (1.7.1992) by S.I. 1992/1217, reg. 5 (with reg. 11).

S. 6 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(2)(a)

7 Supplementary provisions as to orders under s. 6.E+W+S

(1)Any order under section 6 of this Act may make provision for identifying any part of any road to which, or any time at which or period during which, any provision contained in the order is for the time being to apply by means of a traffic sign of a type or character specified in the order (being a type prescribed or character authorised under section 64 of this Act) and for the time being lawfully in place; and, for the purposes of any order so made, any such traffic sign placed on or near a street shall be deemed to be lawfully in place unless the contrary is proved.

(2)Any such order which imposes any restriction on the use by vehicles of streets in Greater London, or the waiting of vehicles in such streets, may include provision with respect to the issue and display of certificates or other means of identification of vehicles which are excepted from the restriction, whether generally or in particular circumstances or at particular times.

(3)Any such order may also include provision with respect to the issue, display and operation of devices F38. . . for indicating the time at which a vehicle arrived at, and the time at which it ought to leave, any place in a street in which waiting is restricted by the order, or one or other of those times, and for treating the indications given by any such device as evidence of such facts and for such purposes as may be prescribed by the order.

(4)Any such order may provide for the suspension or modification, so long as the order remains in force, of any provisions of any Acts (whether public general or local or private, and including provisions contained in this Act), byelaws or regulations dealing with the same subject matter as the order, or of any Acts conferring power to make byelaws or regulations dealing with the same subject matter, so far as such provisions apply to any place or street to which the order applies.

(5)No appeal shall lie to the Secretary of State from the [F39traffic commissioner for the Metropolitan Traffic Area under section 42 of the Transport Act 1985 in the case of a decision of his with respect to a London local service licence if and so far as he certifies] that the decision was necessary to secure conformity with any order in force under section 6 of this Act which prescribes—

(a)the routes to be followed, or streets which are not to be used, by vehicles affected by the decision, or

(b)the places in streets where such vehicles may or may not wait, or

(c)the stopping places for such vehicles.

(6)Before [F40the Secretary of State] makes any order under section 6 of this Act which will impose new or additional duties on the police, he shall consult the [F41the Commissioner of Police for any police area in which is situated any road or part of a road to which the order is to relate].

(7)The reference in subsection (5) above to the Metropolitan Traffic Area shall be construed as if it were contained in the M1Public Passenger Vehicles Act 1981.

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Amendments (Textual)

F38Words in s. 7(3) repealed (13.9.1996) by S.I. 1996/1553, art. 2(1), Sch.6

F40Words in s. 7(6) substituted (13.8.2001) by S.I. 2001/2568, art. 16, Sch. para. 7(2)

Modifications etc. (not altering text)

C63S. 7 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(2)(a)

C64S. 7(6): transfer of functions (13.8.2001) by S.I. 2001/2568, art. 6(1)

Marginal Citations

M11981 c. 14(107:1).

8 Contravention of order under s. 6.E+W+S

(1)Any person who acts in contravention of, or fails to comply with, an order under section 6 of this Act shall be guilty of an offence.

(1A)F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F43S. 8(2) repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) s. 168(1)(2), Sch. 8 para. 22, Sch. 9; which repeal is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch.2 relating to Sch. 8 and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

Modifications etc. (not altering text)

Experimental traffic schemesE+W+S

9 Experimental traffic orders.E+W+S

F44[(1) The traffic authority for a road may, for the purposes of carrying out an experimental scheme of traffic control, make an order under this section (referred to in this Act as an “ experimental traffic order ”) making any such provision—

(a)as respects a road outside Greater London, as may be made by a traffic regulation order;

(b)as respects a road in Greater London, as may be made by an order under section 6, 45, 46, 49, [F45or 83(2) or by virtue of section 84(1)(a)]] of this Act.

F46[(2)An experimental traffic order made by a local traffic authority outside Greater London may, with the consent of the Secretary of State [F47or a strategic highways company], extend to a road in relation to which he [F48or it] is the traffic authority if the order forms part of a scheme of general traffic control relating to roads of which at least one has a junction with the length of road in question.

(2A)In the case of a road in Greater London for which the Secretary of State [F49or a strategic highways company] is the traffic authority, the power to make an order under this section is also exercisable, with his [F50or its] consent, by the local traffic authority.]

(3)An experimental traffic order shall not continue in force for longer than 18 months.

(4)Subject to Parts I to III of Schedule 9 of this Act, where—

(a)an experimental traffic order has been made for a period of less than 18 months, and

(b)the order has not ceased to be in force,

the authority by whom the order was made may from time to time by order direct that it shall continue in force for a further period ending not later than 18 months after it first came into force.

(5)Where an experimental traffic order made by [F51a London borough council or the Common Council of the City of London] has not ceased to be in force, and the Secretary of State is satisfied that—

(a)an order which [F51the council] propose to make under any of the provisions of this Act specified in subsection (1)(b) above has the sole effect of reproducing and continuing in force indefinitely the provisions of the experimental traffic order (whether or not that order has been varied, or has been modified or suspended under section 10(2) of this Act), and

(b)in consequence of [F51the council] causing a public inquiry to be held into the order so proposed to be made, they would be unable to make it so that it would come into operation before the experimental traffic order ceases to be in force,

the Secretary of State may, at the request of [F51the council], from time to time direct that the experimental traffic order shall continue in force for a further period not exceeding 6 months from the date when it would otherwise cease to be in force.

F52[(5A)So much of section 4(1) or 7(1) of this Act as provides for a presumption that a traffic sign is lawfully placed shall apply for the purposes of an order under this section making any such provision as is referred to in that subsection.]

(6)In this section and section 10 of this Act “road ”, in relation to Greater London, includes any street as defined by section 6(6) of this Act.

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Amendments (Textual)

F44S. 9(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 23(2); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch.2 and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

F45Words in s. 9(1)(b) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4, para. 24; S.I. 1992/1286, art. 2,Sch.

F46S. 9(2)(2A) substituted (1.11.1991) for s. 9(2) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 23(3); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2 and for England and Wales only by S.I. 1991/2288, art. 3, Sch.

F52S. 9(5A) inserted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 23(4); which insertion is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2 and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

Modifications etc. (not altering text)

C69S. 9 modified (1.7.1992) by S.I. 1992/1217, reg. 3(1)(c) (with reg. 11)

S. 9 modified (1.7.1992) by S.I. 1992/1217, reg.5 (with reg. 11).

C70S. 9: power to make orders extended (S.) (1.4.2002) by The Forth Estuary Transport Authority Order 2002 (S.S.I. 2002/178), art. 9

10 Supplementary provisions as to experimental traffic orders.E+W+S

(1)An experimental traffic order—

(a)may provide for the suspension or modification, while the order is in force, of any provision previously made by or under any enactment, if it is a provision that could have been made by the order; and

(b)shall, to the extent that it is inconsistent with any provision subsequently made by or under any enactment, cease to have effect.

[F53(2)An experimental traffic order may include provision empowering a specified officer of the authority who made the order, or a person authorised by such a specified officer, to modify or suspend the operation of the order or any provision of it if it appears to him essential—

(a)in the interests of the expeditious, convenient and safe movement of traffic,

(b)in the interests of providing suitable and adequate on-street parking facilities, or

(c)for preserving or improving the amenities of the area through which any road affected by the order runs.

The power conferred by such a provision shall be exercised only after consulting the appropriate chief officer of police and giving such public notice as the Secretary of State may direct.]

[F54(3)Any such power to modify an experimental traffic order as is mentioned in subsection (2) above does not extend to making additions to the order or to designating additional on-street parking places for which charges are made; but subject to that the modifications may be of any description.]

(4)No appeal shall lie to the Secretary of State from the [F55commissioner for the Metropolitan Traffic Area under section 42 of the Transport Act 1985 in the case of a decision of the commissioner with respect to a London local service licence if and so far as he certifies] that the decision was necessary to secure conformity with an experimental traffic order prescribing—

(a)the routes to be followed, or roads which are not to be used, by vehicles affected by the decision, or

(b)the places in roads where such vehicles may or may not wait, or

(c)the stopping places for such vehicles.

(5)The Secretary of State may repay to [F56a London borough council or the Common Council of the City of London] any expenses incurred by [F56that council] in connection with any experimental traffic order made by them.

[F57(6)The reference in subsection (4) above to the Metropolitan Traffic Area shall be construed as if it were contained in the Public Passenger Vehicles Act 1981.]

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Amendments (Textual)

F53S. 10(2) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) s. 168(1), Sch. 8 para. 24(2); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2. and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

F54S. 10(3) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) s. 168(1), Sch. 8 para. 24(3); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch.2. and for England and Wales only by S.I. 1991/2288, art. 3, Sch.

11 Contravention of experimental traffic order.E+W+S

[F58(1)]Any person who acts in contravention of, or fails to comply with, an experimental traffic order shall be guilty of an offence.

(2)F59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F58S. 11 renumbered as s. 11(1) (5.7.1993, 4.10.1993, 6.12.1993, 31.1.1994, 5.4.1994 and 4.7.1994 respectively for specified London boroughs and otherwise prosp.) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 65(3) (with s. 79(1)); S.I. 1993/1461, art. 3(1)(b); S.I. 1993/2229, art. 3(b); S.I. 1993/2803, art. 2(b); S.I. 1993/3238, art. 2(b); S.I. 1994/81, art. 3(b); S.I. 1994/1482, art. 2(a), Sch.; S.I. 1994/1484, art. 2(a)

Modifications etc. (not altering text)

C72S. 11 excluded (temp. from 1.10.1991 for E.W. and from 16.6.1997 for S.) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 76(3)(b) (with s. 79(1)); S.I. 1991/2054, art. 3,Sch.; S.I. 1997/1580, art. 2

S. 11 excluded (temp. from 1.10.1991 for E.W. and otherwise prosp.) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 43, 84(1), Sch. 3 para. 2(4)(b); S.I. 1991/2054, art. 3, Sch.

F6012. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F60S. 12 repealed (subject to saving in s. 294(2)-(8) of the repealing Act) (3.7.2000) by 1999 c. 29, ss. 294(1)(a), 423, Sch. 34 Pt. VI (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.

F6113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F61S. 13 repealed (subject to saving in s. 294(2)-(8) of the repealing Act) (3.7.2000) by 1999 c. 29, ss. 294(1)(a), 423, Sch. 34 Pt. VI (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.

[F62Temporary suspension]E+W+S

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Amendments (Textual)

[F6313A Temporary suspension of provisions under s. 6 or 9 orders.E+W+S

(1)The Commissioner of Police of the Metropolis or the Commissioner of Police for the City of London may temporarily suspend the operation of any provision of an order made under section 6 or 9 of this Act so far as that provision relates to any road or part of a road in Greater London which is within his area, in order to prevent or mitigate congestion or obstruction of traffic, or danger to or from traffic in consequence of extraordinary circumstances.

(2)Subject to subsection (3) below, the period of suspension under subsection (1) above shall not continue for more than 7 days.

(3)If the Secretary of State gives his consent to the period of suspension being continued for more than 7 days, the suspension shall continue until the end of such period as may be specified by the Secretary of State in giving his consent.]

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Amendments (Textual)

Part IIE+W+S Traffic Regulation in Special Cases

[F6414 Temporary prohibition or restriction on roads.E+W+S

(1)If the traffic authority for a road are satisfied that traffic on the road should be restricted or prohibited—

(a)because works are being or are proposed to be executed on or near the road; or

(b)because of the likelihood of danger to the public, or of serious damage to the road, which is not attributable to such works; or

(c)for the purpose of enabling the duty imposed by section 89(1)(a) or (2) of theEnvironmental Protection Act 1990 (litter clearing and cleaning) to be discharged,

the authority may by order restrict or prohibit temporarily the use of that road, or of any part of it, by vehicles, or vehicles of any class, or by pedestrians, to such extent and subject to such conditions or exceptions as they may consider necessary.

[F65(1A)Before making an order under subsection (1) above, the authority shall consult the National Park authority for any National Park which would be affected by the order.]]

(2)The traffic authority for a road may at any time by notice restrict or prohibit temporarily the use of the road, or of any part of it, by vehicles, or vehicles of any class, or by pedestrians, where it appears to them that it is—

(a)necessary or expedient for the reason mentioned in paragraph (a) or the purpose mentioned in paragraph (c) of subsection (1) above; or

(b)necessary for the reason mentioned in paragraph (b) of that subsection,

that the restriction or prohibition should come into force without delay.

(3)When considering the making of an order or the issue of a notice under the foregoing provisions an authority shall have regard to the existence of alternative routes suitable for the traffic which will be affected by the order or notice.

(4)The provision that may be made by an order or notice under the foregoing provisions is—

(a)any such provision as is mentioned in section 2(1), (2) or (3) or 4(1) of this Act; or

(b)any provision restricting the speed of vehicles;

but no such order or notice shall be made or issued with respect to any road which would have the effect of preventing at any time access for pedestrians to any premises situated on or adjacent to the road, or to any other premises accessible for pedestrians from, and only from, the road.

(5)Where any such order or notice is made or issued by an authority (in this subsection referred to as the “initiating authority”) any such provision as is mentioned in subsection (4) above may be made as respects any alternative road—

(a)if that authority is the traffic authority for the alternative road, by an order made by the initiating authority or by that notice;

(b)if the initiating authority is not the traffic authority for the alternative road, by an order made by the initiating authority with the consent of the traffic authority for the alternative road.

(6)Section 3(1) and (2) of this Act shall apply to the provisions that may be made under subsection (5) above as they apply to the provisions of a traffic regulation order.

(7)An order or notice made or issued under this section may—

(a)suspend any statutory provision to which this subsection applies; or

(b)for either of the reasons or for the purpose mentioned in subsection (1) above suspend any such provision without imposing any such restriction or prohibition as is mentioned in subsection (1) or (2) above.

(8)Subsection (7) above applies to—

(a)any statutory provision of a description which could have been contained in an order or notice under this section;

(b)an order under section 32(1)(b), 35, 45, 46 or 49 of this Act or any such order as is mentioned in paragraph 11(1) of Schedule 10 to this Act; and

(c)an order under section 6 of this Act so far as it designates any parking places in Greater London.

(9)In this section “alternative road”, in relation to a road as respects which an order is made under subsection (1) or a notice is issued under subsection (2) above, means a road which—

(a)provides an alternative route for traffic diverted from the first-mentioned road or from any other alternative road; or

(b)is capable of providing such an alternative route apart from any statutory provision authorised by subsection (7) above to be suspended by an order made or notice issued by virtue of subsection (5) above.

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Amendments (Textual)

F65S. 14(1A) inserted (S.) (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 11(1) (with s. 32); S.S.I. 2000/312, art. 2

Modifications etc. (not altering text)

C74S. 14 modified (1.7.1992) by S.I. 1992/1217, reg. 4(1) (with reg. 11)

S. 14 modified (1.7.1992) by S.I. 1992/1217, reg. 6 (with reg. 11)

S. 14 applied (27.7.1993) by 1993 c. xv, s. 4(4).

S. 14 restricted (4.1.1995) by 1994 c. 39, ss. 7(2), 44(2); S.I. 1994/2850, art. 2, Sch. 1

S. 14 applied (with modifications) (18.12.1996) by 1996 c. xii, s. 1, Sch. s. 9

S. 14 applied (21.7.1994) by 1994 c. xv, s. 4(4)

C75S.14 : power to make orders extended (S.) (1.4.2002) by The Forth Estuary Transport Authority Order 2002 (S.S.I. 2002/178), art. 9

C76S. 14: transfer of functions (23.3.2005) by The Scotland Act 1998 (Transfer of functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 2, Sch. (with transitional provisions and savings in art. 6)

C77S. 14 applied (with modifications) (22.6.2007) by The Road Tunnel Safety Regulations 2007 (S.I. 2007/1520), reg. 7(3)(7)

C79S. 14(1)-(3)(5): certain functions transferred (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1; S.I. 1998/3178, art. 2, Sch. 1

C80S. 14(1) applied (with modifications) (S.) (13.11.2009) Glasgow Commonwealth Games Act 2008 (asp 4), ss. 38(1)-(3), 49; S.S.I. 2009/377, art. 2, Sch.

C82S. 14(2) modified (26.4.1992) by Severn Bridges Act 1992 (c. 3), s. 22(1); S.I. 1992/578, art. 2.

[F6615 Duration of orders and notices under s.14.E+W+S

(1)Subject to subsections (2), (3) and (5) below, an order under section 14 of this Act shall not continue in force—

(a)if it is in respect of a footpath, bridleway [F67restricted byway,], cycle track or byway open to all traffic, for more than six months; and

(b)in any other case, for more than eighteen months,

from the date on which it comes into force.

(2)The time-limit of eighteen months in subsection (1) above shall not apply to an order made for the reason mentioned in section 14(1)(a) of this Act if the authority making it are satisfied, and it is stated in the order that they are satisfied, that the execution of the works in question will take longer; but in any such case the authority shall revoke the order as soon as the works are completed.

(3)Where an order subject to the time-limit of eighteen months in subsection (1) above (in this subsection referred to as “the temporary order”) has not ceased to be in force and the [F68national authority] is satisfied that—

(a)an order which the authority that made the temporary order proposes to make under any other provision of this Act has the sole effect of reproducing the provisions of the temporary order and continuing them in force; and

(b)in consequence of the procedure required to be followed in connection with the making of the proposed order [F69the authority that made the temporary order] would be unable to make it so that it would come into operation before the temporary order ceases to be in force,

the [F68national authority] may, subject to subsection (4) below, from time to time direct that the temporary order shall continue in force for a further period not exceeding six months from the date on which it would otherwise cease to be in force.

(4)Where the [F70national authority] is not F71... the authority that made the temporary order [F72the national authority ] shall not give a direction under subsection (3) above except at the request of [F73the authority that made the temporary order] .

(5)The [F74national authority] may, at the request of an authority that has made an order subject to the time-limit of six months in subsection (1) above, from time to time direct that the order shall continue in force for a further period from the date on which it would otherwise cease to be in force.

(6)Where the [F74national authority] refuses a request under subsection (5) above in respect of an order no further order to which that subsection applies shall be made in respect of any length of road to which the previous order related unless the [F74national authority] has consented to the making of the further order or at least three months have expired since the date on which the previous order ceased to be in force.

(7)A notice under section 14 of this Act shall not continue in force—

(a)if issued for the reason mentioned in paragraph (a) or the purpose mentioned in paragraph (c) of subsection (1) of that section, for more than five days from the date of the notice;

(b)if issued for the reason mentioned in paragraph (b) of that subsection, for more than twenty-one days from that date;

but the [F74national authority] may by regulations alter the number of days for the time being specified in this subsection.

(8)Provided that no restriction or prohibition imposed under section 14 of this Act in respect of any length of road remains in force for more than the period applicable to an order in respect of the road under subsection (1) above (except by virtue of subsection (2), (3) or (5) above and subject to subsection (6) above)—

(a)a restriction or prohibition imposed by an order under that section may be continued by a further order or further orders under that section; and

(b)a restriction or prohibition imposed by a notice under that section may be continued—

(i)by an order under that section; or

(ii)if the notice was issued for the reason mentioned in subsection (1)(b) of that section, by one (but not more than one) further notice under that section.

(9)In the application of this section to England and Wales—

(a)footpath” does not include a highway over which the public have a right of way on foot only which is at the side of a public road;

(b)cycle track” has the same meaning as in the M2Highways Act 1980; and

(c)byway open to all traffic” means a highway over which the public have a right of way for vehicular and all other kinds of traffic but which is used by the public mainly for the purpose for which footpaths and bridleways are used.

(10)In the application of this section to Scotland “footpath” and “cycle track” have the same meaning as in the M3Roads (Scotland) Act 1984.]

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Amendments (Textual)

F71Word in s. 15(4) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 2(3)(b)

Modifications etc. (not altering text)

C86S. 15(2)(3)(5)-(7): certain functions transferred (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1; S.I. 1998/3178, art. 3

Marginal Citations

16 Supplementary provisions as to orders and notices under s. 14.E+W+S

(1)A person who contravenes, or who uses or permits the use of a vehicle in contravention of, a restriction or prohibition imposed under section 14 of this Act shall be guilty of an offence.

[F75( 2 )The [F76national authority] may make regulations with respect to the procedure to be followed in connection with the making of orders and the issue of notices under section 14 of this Act including provision for notifying the public of the exercise, or proposed exercise, of the powers conferred by that section and of the effect of orders and notices made or issued in the exercise of those powers.

(2A)Without prejudice to the generality of subsection (2) above, the [F77national authority] may by regulations under that subsection make, in relation to such orders as [F78the national authority] thinks appropriate, provision—

(a)for the making and consideration of objections to a proposed order; and

(b)for any of the matters mentioned in paragraph 22(1) of Schedule 9 to this Act;

and paragraph 25 of that Schedule shall apply to regulations under that subsection as it applies to regulations under Part III of that Schedule, taking references to orders as including both orders and notices.]

F79(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F76Words in s. 16(2) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 3(2)

F79S. 16(3)(4) repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1)(2), Sch. 8 para. 27, Sch.9; which repeal is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch.2. and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

Modifications etc. (not altering text)

C87S. 16 excluded (temp.) (1.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107), s. 76(3)(c) (with s. 79(1)); S.I. 1991/2054, art. 3, Sch.

C88S. 16 applied (with modifications) (22.6.2007) by The Road Tunnel Safety Regulations 2007 (S.I. 2007/1520), reg. 7(3)(7)

C89S. 16 applied (with modifications) by 2003 c. iii, s. 7(3A) (as modified by 2006 c. 12, ss. 16A(6), 16B(2) (as inserted) (E.) (14.2.2012) by 2011 c. 22, ss. 7(1), 10(1))

C90S. 16(1) modified (E.W.) by Dartford-Thurrock Crossing Act 1988 (c. 20, SIF 59) ss. 19, 24(3)

C91S. 16(2)(2A): certain functions transferred (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1; S.I. 1998/3178, art. 3

[F80 16A Prohibition or restriction on roads in connection with certain events.E+W+S

(1) In this section “ relevant event ” means any sporting event, social event or entertainment which is held on a road.

(2)If the traffic authority for a road are satisfied that traffic on the road should be restricted or prohibited for the purpose of—

(a)facilitating the holding of a relevant event,

(b)enabling members of the public to watch a relevant event, or

(c)reducing the disruption to traffic likely to be caused by a relevant event,

the authority may by order restrict or prohibit temporarily the use of that road, or any part of it, by vehicles or vehicles of any class or by pedestrians, to such extent and subject to such conditions or exceptions as they may consider necessary or expedient.

(3)Before making an order under this section the authority shall satisfy themselves that it is not reasonably practicable for the event to be held otherwise than on a road.

(4)An order under this section—

(a)may not be made in relation to any race or trial falling within subsection (1) of section 12 of the M4Road Traffic Act 1988 (motor racing on public ways) [F81 unless a motor race order under section 12D of that Act is made in relation to the race or trial or it is authorised by or under regulations under section 12G of that Act ] ;

(b)may not be made in relation to any competition or trial falling within subsection (1) of section 13 of that Act (regulation of motoring events on public ways) unless the competition or trial is authorised by or under regulations under that section; and

(c)may not be made in relation to any race or trial falling within subsection (1) of section 31 of that Act (regulation of cycle racing on public ways) unless the race or trial is authorised by or under regulations made under that section.

(5)An order under this section may relate to the road on which the relevant event is to be held or to any other road.

(6)In the case of a road for which the Secretary of State [F82or a strategic highways company] is the traffic authority, the power to make an order under this section is also exercisable, with his [F83or its] consent, by the local traffic authority or by any local traffic authority which is the traffic authority for any other road to which the order relates.

(7)In the case of a road for which a local traffic authority is the traffic authority, the power to make an order under this section is also exercisable, with the consent of that local traffic authority, by a local traffic authority which is the traffic authority for any other road to which the order relates.

(8)When considering the making of an order under this section, an authority shall have regard to the safety and convenience of alternative routes suitable for the traffic which will be affected by the order.

(9)The provision that may be made by an order under this section is—

(a)any such provision as is mentioned in section 2(1), (2) or (3) or 4(1) of this Act;

(b)any provision restricting the speed of vehicles; or

(c)any provision restricting or prohibiting—

(i)the riding of horses, or

(ii)the leading or driving of horses, cattle, sheep or other animals,

but no such order shall be made with respect to any road which would have the effect of preventing at any time access for pedestrians to any premises situated on or adjacent to the road, or to any other premises accessible for pedestrians from, and only from, the road.

(10)An order under this section may—

(a)suspend any statutory provision to which this subsection applies; or

(b)for any of the purposes mentioned in subsection (2) above, suspend any such provision without imposing any such restriction or prohibition as is mentioned in that subsection.

(11)Subsection (10) above applies to—

(a)any statutory provision of a description which could have been contained in an order under this section;

(b)an order under section 32(1)(b), 35, 45, 46 or 49 of this Act or any such order as is mentioned in paragraph 11(1) of Schedule 10 to this Act; and

(c)an order under section 6 of this Act so far as it designates any parking places in Greater London.]

[F84(12)An order under this section that is made for the purposes of a race or trial of speed in relation to which a motor race order under section 12D of the Road Traffic Act 1988 has been made may also suspend—

(a)regulations under section 25(1);

(b)section 28(1);

(c)an order under section 29(1);

(d)byelaws under section 31(1);

(e)any provision made by or under Part 4.]

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Amendments (Textual)

F80S. 16A inserted (3.5.1994) by S.I. 1994 c. 11, s. 1(1)

F81Words in s. 16A(4)(a) inserted (10.3.2017) by Deregulation Act 2015 (c. 20), ss. 74(2), 115(7); S.I. 2017/273, art. 2(b)

Modifications etc. (not altering text)

C92S. 16A applied (with modifications) (27.7.2010) by Kent County Council (Filming on Highways) Act 2010 (c. iv), s. 3

C93S. 16A applied (with modifications) (30.1.2014) by Hertfordshire County Council (Filming on Highways) Act 2014 (c. i), s. 3

C94S. 16A applied (with modifications) (17.12.2014) by Buckinghamshire County Council (Filming on Highways) Act 2014 (c. ii), s. 3

C95S. 16A applied (with modifications) (21.9.2008) by London Local Authorities and Transport for London Act 2008 (c. iii), ss. 1(2), 12

C96S. 16A applied (with modifications) (E.W.) (temp. from 5.10.2009) by London Olympic Games and Paralympic Games Act 2006 (c. 12), ss. 16(1), 40(2)(6), 41(3); S.I. 2009/2577, art. 2

Marginal Citations

[F85 16B Restrictions on orders under s. 16A.E+W+S

(1)An order under section 16A of this Act shall not continue in force for a period of more than three days beginning with the day on which it comes into force unless—

(a)the order is made by the Secretary of State [F86or a strategic highways company] as the traffic authority for the road concerned; or

(b)before the order is made, he [F87or it] has agreed that it should continue in force for a longer period.

(2)Where an order under section 16A of this Act has not ceased to be in force and the relevant event to which it relates has not ended, the Secretary of State [F88or a strategic highways company] may, subject to subsections (4) and (5) below, from time to time direct that the order shall continue in force for a further period not exceeding three days beginning with the day on which it would otherwise cease to be in force.

(3)A direction under subsection (2) above may relate to all the roads to which the order under section 16A of this Act relates or only to specified roads.

(4)Where an order under section 16A of this Act relates only to roads for which the Secretary of State [F89or a strategic highways company (whichever made the order or agreed that it should continue in force) is not the traffic authority, he or it] shall not give a direction under subsection (2) above except at the request of the traffic authority for any road to which the order relates.

(5)Where an order under section 16A of this Act relates to any road for which the Secretary of State [F90or a strategic highways company (whichever made the order or agreed that it should continue in force) is not the traffic authority, he or it] shall not give a direction under subsection (2) above affecting that road except with the consent of the traffic authority for that road.

(6)Where an order has been made under section 16A of this Act in any calendar year, no further order may be made under that section in that year so as to affect any length of road affected by the previous order, unless the further order—

(a)is made by the Secretary of State [F91or a strategic highways company] as the traffic authority for the road concerned; or

(b)is made with his [F92or its] consent.

(7)For the purposes of subsection (6) above, a length of road is affected by an order under section 16A of this Act if the order contains provisions—

(a)prohibiting or restricting traffic on that length of road; or

(b)suspending any statutory provision applying to traffic on that length of road.]

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Amendments (Textual)

F85S. 16B inserted (3.5.1994) by 1994 c. 11, s. 1(1)

Modifications etc. (not altering text)

C97S. 16B applied (with modifications) (27.7.2010) by Kent County Council (Filming on Highways) Act 2010 (c. iv), s. 4

C98S. 16B applied (with modifications) (30.1.2014) by Hertfordshire County Council (Filming on Highways) Act 2014 (c. i), s. 4

C99S. 16B applied (with modifications) (17.12.2014) by Buckinghamshire County Council (Filming on Highways) Act 2014 (c. ii), s. 4

C100S. 16B applied (with modifications) (21.9.2008) by London Local Authorities and Transport for London Act 2008 (c. iii), ss. 1(2), 13

[F9316C Supplementary provisions as to orders under s. 16A.E+W+S

(1)A person who contravenes, or who uses or permits the use of a vehicle in contravention of, a restriction or prohibition imposed by an order under section 16A of this Act shall be guilty of an offence.

(2)The Secretary of State may make regulations with respect to the procedure to be followed in connection with the making of orders under section 16A of this Act including provision for notifying the public of the exercise or proposed exercise of the powers conferred by that section and of the effect of orders made in the exercise of those powers.

(3)Without prejudice to the generality of subsection (2) above, the Secretary of State may by regulations under that subsection make, in relation to such orders as he thinks appropriate, provision—

(a)for the making and consideration of representations relating to a proposed order; and

(b)for any of the matters mentioned in paragraph 22(1)(a), (c), (d) or (e) of Schedule 9 to this Act;

and paragraph 25 of that Schedule shall apply to regulations under that subsection as it applies to regulations under Part III of that Schedule.]

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Amendments (Textual)

F93S. 16C inserted (3.5.1994) by 1994 c. 11, s. 1(1)

Modifications etc. (not altering text)

C102S. 16C applied (with modifications) by 2003 c. iii, s. 7(3B) (as modified by 2006 c. 12, ss. 16A(6), 16B(2) (as inserted) (E.) (14.2.2012) by 2011 c. 22, ss. 7(1), 10(1))

C103S. 16C applied (with modifications) (30.1.2014) by Hertfordshire County Council (Filming on Highways) Act 2014 (c. i), s. 5

C104S. 16C applied (with modifications) (17.12.2014) by Buckinghamshire County Council (Filming on Highways) Act 2014 (c. ii), s. 5

17 Traffic regulation on special roads.E+W+S

F94 [( 1 )A special road shall not be used except by traffic of a class authorised to do so—

(a)in England and Wales, by a scheme made, or having effect as if made, under section 16 of the Highways Act 1980 or by virtue of paragraph 3 of Schedule 23 to that Act, or

(b)in Scotland, by a scheme made, or having effect as if made, under section 7 of the Roads (Scotland) Act 1984.]

(2)[F95Regulations may make provision] with respect to the use of special roads,[F96Such regulations may, in particular—

(a)regulate the manner in which and the conditions subject to which special roads may be used by traffic authorised to do so;]

(b)authorise, or enable such authority as may be specified in the regulations to authorise, the use of special roads on occasion or in an emergency or for the purpose of crossing, or for the purpose of securing access to premises abutting on or adjacent to the roads, by traffic other than that described in paragraph (a) above; F97. . .

(c)relax, or enable any authority so specified to relax, any prohibition or restriction imposed by the regulations.

F98 [( d )include provisions having effect in such places, at such times, in such manner or in such circumstances as may for the time being be indicated by traffic signs in accordance with the regulations.]

(3)Regulations made under subsection (2) above may make provision with respect to special roads generally, or may make different provision with respect to special roads provided for the use of different classes of traffic, or may make provision with respect to any particular special road.

[F99(3ZA)The power to make provision of the following kinds by regulations under subsection (2) is exercisable by the Scottish Ministers—

(a)provision with respect to a particular special road in Scotland;

(b)provision for regulating the speed of vehicles on special roads in Scotland.

[F100(3ZAA)The power to make provision of the following kinds by regulations under subsection (2) is exercisable by the Welsh Ministers—

(a)provision with respect to a particular special road in Wales;

(b)provision for regulating the speed of vehicles on special roads in Wales.]

(3ZB)The power to make provision of any other kind by regulations under subsection (2) is exercisable by the Secretary of State.

(3ZC)In relation to special roads in Scotland that power of the Secretary of State is exercisable only after consultation with the Scottish Ministers.

[F101(3ZCA)In relation to special roads in Wales, that power of the Secretary of State is exercisable only after consultation with the Welsh Ministers.]

F102(3ZD). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(3A)Before making regulations under subsection (2) above, the Scottish Ministers shall consult the National Park authority for any National Park which would be affected by the regulations.

[F103(a)the National Park authority for any National Park which would be affected by the regulations.]F104...

F104(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F105(3B)Before making regulations under subsection (2), the Welsh Ministers must consult the National Park authority for any National Park that would be affected by the regulations.]

(4)If a person uses a special road in contravention of this section or of regulations under subsection (2) above, he shall be guilty of an offence.

[F106( 5 )The provisions of this section and of any regulations under subsection (2) above do not apply in relation to a road, or part of a road, until the date declared by the traffic authority, by notice published in the prescribed manner, to be the date on which the road or part is open for use as a special road.

This does not prevent the making of regulations under subsection (2) above before that date, so as to come into force in relation to that road or part on that date.]

(6) In this section “ use ”, in relation to a road, includes crossing, F107 . . .

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Amendments (Textual)

F94 S. 17(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) , s. 168(1) , Sch. 8 para. 28(2) ; which substitution is in force for Scotland only by S.I. 1991/2286 , art. 2(2) , Sch. 2 . and for England and Wales only by S.I. 1991/2288 , art. 3 , Sch.

F95 Words in s. 17(2) substituted (3.7.2012) by Scotland Act 2012 (c. 11) , ss. 21(3) , 44(5) ; S.I. 2012/1710 , art. 2(k)

F96 Words in s. 17(2) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) , s. 168(1) , Sch. 8 para. 28(3) ; which substitution is in force for Scotland only by S.I. 1991/2286 , art. 2(2) , Sch. 2 . and for England and Wales only by S.I. 1991/2288 , art. 3 , Sch.

F97 Word at end of s. 17(2)(b) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1) , s. 83 , Sch. 8 ; S.I. 1992/1286 , art. 2 , Sch.

F99 S. 17(3ZA)-(3ZD) inserted (3.7.2012) by Scotland Act 2012 (c. 11) , ss. 21(4) , 44(5) ; S.I. 2012/1710 , art. 2(k)

F100S. 17(3ZAA) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 26(2), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(f)

F102S. 17(3ZD) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 4(a)

F103 Words in s. 17(3A)(a) renumbered as s. 17(3A)(a) (3.7.2012) by Scotland Act 2012 (c. 11) , ss. 21(5)(a) , 44(5) ; S.I. 2012/1710 , art. 2(k)

F104S. 17(3A)(b) and preceding word omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 4(b)

F106 S. 17(5) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) , s. 168(1) , Sch. 8 para. 28(4) ; which substitution is in force for Scotland only by S.I. 1991/2286 , art. 2(2) , Sch. 2 . and for England and Wales only by S.I. 1991/2288 , art. 3 , Sch.

F107 Words in s. 17(6) repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) , s.168(1)(2) , Sch. 8 para. 28(5) , Sch. 9 ; which repeal is in force for Scotland only by S.I. 1991/2286 , art. 2(2) , Sch. 2 . and for England and Wales only by S.I. 1991/2288 , art. 3 , Sch.

Modifications etc. (not altering text)

C105 S. 17 modified (13.2.1992) by Severn Bridges Act 1992 (c. 3) , s. 22(3)

C106 S. 17(2) amended (1.7.1999) by S.I. 1999/1750 , art. 4 Sch. 3 ; S.I. 1998/3178 , art. 3

C107 S. 17(2)(5) : certain functions transferred (1.7.1999) by S.I. 1999/1750 , art. 2 Sch. 1 ; S.I. 1998/3178 , art. 3

C108 S. 17(5) applied (23.10.1995) by S.I. 1995/2507 , reg. 3

[F10817A Further provisions as to special roads.E+W+S

(1)On the date declared by the traffic authority, by notice published in the prescribed manner, to be the date on which a special road, or a part of a special road, is open for use as a special road, any existing order under section 1, 6, 9 or 84 of this Act relating to that road or part shall cease to have effect.

(2)This is without prejudice to any power to make orders under those provisions in relation to the road or part as a special road; and any such power may be exercised before the date referred to above, so as to take effect on that date.

(3)The procedure for making an order applies in such a case with such modifications as may be prescribed.]

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Amendments (Textual)

F108S. 17A inserted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 29; which insertion is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch.2. and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

18 One-way traffic on trunk roads.E+W+S

(1)Where the Secretary of State proposes to make [F109an order under section 10 of the Highways Act 1980 or section 5 of the Roads (Scotland) Act 1984 directing]that a road shall become a trunk road, and considers it expedient—

(a)that the road, when it becomes a trunk road, should be used only for traffic passing in one direction, and

(b)that any other road which is a trunk road, or is to become a trunk road by virtue of the order, should be used only for traffic passing in the other direction,

the order may make provision for restricting the use of those roads accordingly as from such date as may be specified in the order.

(2)Subsection (1) above shall have effect without prejudice to the powers of the Secretary of State under section 1 of this Act.

(3)A person who uses a vehicle, or causes or permits a vehicle to be used, in contravention of any provision made by virtue of subsection (1) above shall be guilty of an offence.

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Amendments (Textual)

F109Words in s. 18(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 30; which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2. and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

Modifications etc. (not altering text)

C109S. 18 modified (1.7.1992) by S.I. 1992/1217, reg. 3(1)(d) (with reg. 11)

S. 18 modified (1.7.1992) by S.I. 1992/1217, reg.5 (with reg. 11).

C110S. 18(3) excluded by 1988 c. 52, s. 12E (as inserted (10.3.2017) by Deregulation Act 2015 (c. 20), ss. 73(3), 115(7); S.I. 2017/273, art. 2(a))

19 Regulation of use of highways by public service vehicles.E+W+S

F110[(1)A local traffic authority outside Greater London [F111or a strategic highways company] may make orders—

(a)for determining the highways or, in Scotland, roads in their area which may or may not be used by public service vehicles;

(b)for fixing stands for public service vehicles on such highways or roads;]

(c)as to the places at which public service vehicles may stop for a longer time than is necessary for taking up and setting down passengers; and

(d)as to the manner of using such stands and places.

(2)Any such order may be made—

(a)so as to apply only to public service vehicles of a specified class, or

(b)so as to have effect as respects a limited period only or as respects only limited periods in the year,

and may make different provision for different classes of public service vehicles.

F112(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Modifications etc. (not altering text)

C113S. 19 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(a)

C114S. 19: functions made exercisable concurrently (S.) (1.11.2006) by The Transfer of Functions to the Shetland Transport Partnership Order 2006 (S.S.I. 2006/527), art. 4, Sch. 2

S. 19: functions made exercisable concurrently (S.) (7.11.2006) by The Transfer of Functions to the South-West of Scotland Transport Partnership Order 2006 (S.S.I. 2006/538), art. 4, Sch. 2

20 Prohibition or restriction of use of vehicles on roads of certain classes.E+W+S

(1)The Secretary of State, if he is satisfied that it is desirable to do so, may by order made by statutory instrument prohibit or restrict, subject to such exceptions and conditions as to occasional use or access to premises or otherwise as may be specified in the order, the driving of vehicles on all roads of any such class as may be specified in the order.

(2)A prohibition or restriction under this section may be imposed either generally or in relation to any class of vehicle; and for the purposes of this section the Secretary of State may classify roads in any manner he thinks fit, having regard to their character and situation or the nature of the traffic to which they are suited, and may determine in what class any particular road shall be included.

[F113(3)No order under this section shall be made or apply in relation to a special road on or after the date declared by the traffic authority, by notice published in the prescribed manner, to be the date on which the special road, or the relevant part of the special road, is open for use as a special road.]

(4)A statutory instrument by which an order under this section is made, revoked or varied shall not have effect unless and until it has been approved by a resolution of each House of Parliament.

(5)A person who drives a vehicle, or causes or permits a vehicle to be driven, in contravention of an order under this section shall be guilty of an offence.

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Amendments (Textual)

F113S. 20(3) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para.32; which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2. and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

Modifications etc. (not altering text)

C115S. 20 excluded (23.6.1999) by S.I. 1999/1736, art. 8(2)(a)

C116S. 20(5) excluded by 1988 c. 52, s. 12E (as inserted (10.3.2017) by Deregulation Act 2015 (c. 20), ss. 73(3), 115(7); S.I. 2017/273, art. 2(a))

21 Permit for trailer to carry excess weight.E+W+S

(1)As regards any road or bridge the appropriate authority may, subject to such conditions as they think fit, grant a permit in respect of any trailer specified in the permit, when drawn by a heavy locomotive or a light locomotive on the road or bridge, to carry weights specified in the permit, notwithstanding that, when conveying such weights, the trailer does not comply with any regulations made, or having effect as if made, by the Secretary of State under [F114section 41 of the Road Traffic Act 1988] as to the weight laden of trailers or as to the maximum weight which may be transmitted to the road or any part of it by trailers.

(2)Where such a permit is granted in respect of a trailer it shall not, so long as the conditions (if any) attached to the permit are complied with, be an offence to carry on the road or bridge weights authorised by the permit by reason only that the trailer, when conveying them, does not comply with any such regulations.

[F115(3)The appropriate authority for the purposes of this section is—

(a)in relation to a bridge for the maintenance of which a bridge authority is responsible, or a road passing over such a bridge, the bridge authority;

(b)in relation to any other road, the traffic authority and any other person responsible for the maintenance of the road.]

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Amendments (Textual)

F115S. 21(3) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para.33; which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2. and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

22 Traffic regulation for special areas in the countryside.E+W+S

(1)This section applies to roads of the following descriptions, that is to say—

(a)in the case of England and Wales F116. . . roads in, or forming part of, or adjacent to or contiguous with—

(i)a National Park,

(ii)an area of outstanding natural beauty, [F117designated as such under section 82 of the Countryside and Rights of Way Act 2000]

(iii)a country park provided under section 7(1) of the M5Countryside Act 1968 which in the opinion of the Secretary of State serves the purpose set out in section 6(1) of that Act when the considerations in paragraphs (a) and (b) of that subsection are taken into account, and any park or pleasure ground in the Lee Valley Regional Park which in the opinion of the Secretary of State serves that purpose,

[F118(iv)an area in which Natural England is conducting an experimental scheme under section 8 of the Natural Environment and Rural Communities Act 2006 [F119 , or in which the Natural Resources Body for Wales is conducting a scheme under article 10C of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) that is designed to facilitate the enjoyment of the countryside or to conserve or enhance its natural beauty or amenity] ,

(v) a nature reserve or an area subject to an SSSI agreement F120..., ]

(vi)a long distance route, F121. . .

(vii)land belonging to the National Trust which is held by the Trust inalienably; [F122or

(viii)a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981);] and

F123 [( b )in the case of Scotland, roads in, or forming part of, or adjacent to or contiguous with—

(i)a country park within the meaning of section 48 of the Countryside (Scotland) Act 1967;

(ii) a National Scenic Area designated [F124 under section 262C of the Town and Country Planning (Scotland) Act 1972 [F124 by a direction made by the Scottish Ministers under section   263A of the Town and Country Planning (Scotland) Act 1997 ]] ;

(iii)F125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)an area in respect of which Scottish Natural Heritage has prepared proposals for a development project or scheme under section 5 of the Natural Heritage (Scotland) Act 1991;

(v)a nature reserve within the meaning of section 15 of the National Parks and Access to the Countryside Act 1949 or an area which is subject to an agreement under section 15 of the Countryside Act 1968 (areas of special scientific interest);

(vi)a long distance route within the meaning of section 54 of the said Act of 1967 (power to make byelaws);

(vii)land belonging to the National Trust for Scotland which is held by the Trust inalienably; or

(viii) open country, being land which appears to the Secretary of State to consist wholly or predominantly of mountain, moor, heath, hill, woodland, cliff or foreshore, and any waterway; and in this sub-paragraph “ waterway ” and “ foreshore ” shall include any bank, barrier, dune, beach, flat or other land adjacent to the waterway or foreshore. ]

(2)This Act shall have effect as respects roads to which this section applies as if the list of purposes for which a traffic regulation order may be made under section 1 of this Act, as set out in [F126paragraphs (a) to (g) of subsection (1) of that section and referred to in section 6(1)(b) of this Act], included the purpose of conserving or enhancing the natural beauty of the area, or of affording better opportunities for the public to enjoy the amenities of the area, or recreation or the study of nature in the area.

F127 [( 3 )[F128Natural England], [F129the Natural Resources Body for Wales] and the [F130Scottish Natural Heritage]] may each make submissions to the Secretary of State as to the desirability of a traffic regulation order being made in relation to a road to which this section applies, whether or not it is a road for which he is the traffic authority.

(4)Where such a submission is made as respects a road for which he is not the traffic authority, and the traffic authority for the road notify him that they do not intend to make an order, the Secretary of State may by order under this subsection make any such provision as he might have made by a traffic regulation order if he had been the traffic authority.

This Act applies to such an order as to an order made by him in relation to a road for which he is the traffic authority.

[F131(4A) In subsection (1)(a)(v) above, “ SSSI agreement ” has the same meaning as in section 15A of the Countryside Act 1968 ]

[F132(5)In subsection (2) above the reference to conserving the natural beauty of an area shall be construed as including a reference to conserving its flora, fauna and geological and physiographical features.]

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Amendments (Textual)

F116Words in s. 22(1)(a) omitted (E.W.) (30.1.2001) by virtue of 2000 c. 37, ss. 66(1)(a), 103(2) and repealed (E.W.) (30.1.2001 for E. and 1.5.2001 for W.) by 2000 c. 37, s. 102, Sch. 16 Pt. II; S.I. 2001/114, art. 2(1)(d)(i)(g); S.I. 2001/1410, art. 2(i)(n)

F117Words in s. 22(1)(a)(ii) inserted (E.W.) (1.4.2001 for E. and 1.5.2001 for W.) by 2000 c. 37, s. 93, Sch. 15 para. 7 (with s. 84(4)-(6)); S.I. 2001/114, art. 2(2)(e); S.I. 2001/1410, art. 2(g)

F119Words in s. 22(1)(a)(iv) substituted (E.W.) (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 4(a)

F120Words in s. 22(1)(a)(v) omitted (E.W.) (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 4(b)

F121Word in s. 22(1)(a)(vi) omitted (E.W.) (30.1.2001) by virtue of 2000 c. 37, ss. 66(1)(b), 103(2) and repealed (E.W.) (30.1.2001 for E. and 1.5.2001 for W.) by 2000 c. 37, s. 102, Sch. 16 Pt. II; S.I. 2001/114, art. 2(1)(d)(i)(g); S.I. 2001/1410, art. 2(1)(i)(n)

F122S. 22(1)(a)(viii) and the preceding word inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 66(1)(c), 103(2)

F126Words in s. 22(2) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 66(2), 103(2)

F128Words in s. 22(3) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107 {Sch. 11 para. 104(3)}; S.I. 2006/2541, art. 2

F132S. 22(5) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 66(3), 103(2)

Marginal Citations

[F13322A Traffic regulation on certain roads for purpose of conserving natural beauty.E+W+S

(1)This section applies to roads other than—

(a)roads to which section 22 of this Act applies,

(b)special roads, or

(c)any road which is a trunk road, a classified road, a GLA road, a cycle track, a bridleway [F134, a restricted byway] or a footpath, as those expressions are defined by section 329 of the M6Highways Act 1980.

(2)This Act shall have effect as respects roads to which this section applies as if, in relation to the making of provision with respect to vehicular traffic, the list of purposes for which a traffic regulation order under section 1 of this Act may be made, as set out in paragraphs (a) to (g) of subsection (1) of that section and referred to in section 6(1)(b) of this Act, included the purpose of conserving or enhancing the natural beauty of the area.

(3)In subsection (2) above the reference to conserving the natural beauty of an area shall be construed as including a reference to conserving its flora, fauna and geological and physiographical features.]

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Amendments (Textual)

F133S. 22A inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 66(4), 103(2)

Modifications etc. (not altering text)

Marginal Citations

Prospective

[F13522BTraffic regulation on long distance routesE+W+S

(1)This section applies where the Secretary of State thinks that, because of the use of a long distance route by vehicular traffic, members of the public cannot safely and conveniently—

(a)enjoy the amenities of any part of the route or of the area through which the route runs;

(b)take advantage of opportunities for recreation in any part of that area;

(c)study nature in any part of that area.

(2)The Secretary of State may make an order preventing the use of the route or a specified part of the route—

(a)by vehicular traffic, or

(b)by vehicular traffic of a specified kind.

(3)An order under this section may have effect only in relation to a long distance route which is, or in so far as it is, in England.

(4)An order under this section shall be treated for all purposes as if it were a traffic regulation order made by the Secretary of State in relation to a road for which he is the traffic authority (and, in particular, any provision of this Act about the making or effect of such an order shall apply).]

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Amendments (Textual)

[F13622BBTraffic regulation on byways etc. in National Parks in England and WalesE+W

(1)This section applies to a road—

(a)which is in a National Park in England or Wales,

(b)which is—

(i)shown in a definitive map and statement as a byway open to all traffic, a restricted byway, a bridleway or a footpath, or

(ii)a carriageway whose surface, or most of whose surface, does not consist of concrete, tarmacadam, coated roadstone or other prescribed material, and

(c)in respect of which no relevant order is in force.

(2)The National Park authority may—

(a)for a purpose mentioned in section 1(1)(a) to (g) or 22(2), by order make in respect of the road any such provision as is mentioned in section 2(1), (2) or (3) or 4(1);

(b)for the purpose of carrying out an experimental scheme of traffic control, by order make in respect of the road any such provision as is mentioned in section 2(1), (2) or (3) or 4(1);

(c)for a reason given in section 14(1)(a) or (b) or for a purpose mentioned in section 14(1)(c) or 22(2), by order make in respect of the road—

(i)any such provision as is mentioned in section 2(1), (2) or (3) or 4(1), or

(ii)any provision restricting the speed of vehicles.

(3)This Act has effect, subject to subsection (4) and any prescribed modifications, in relation to an order by a National Park authority under subsection (2)(a), (b) or (c) as it has effect in relation to an order by a local traffic authority under section 1, 9 or 14(1).

(4)Before making any order under subsection (2), the National Park authority must consult any authority which is a highway authority for the road.

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Amendments (Textual)

22BCSection 22BB: supplementaryE+W

(1)Expressions used in section 22BB(1)(b) that are defined for the purposes of Part 3 of the Wildlife and Countryside Act 1981 by section 66(1) of that Act have the same meaning as in that Part.

(2)In section 22BB(1)(c) “relevant order” means—

(a)a traffic regulation order,

(b)an experimental traffic order,

(c)an order under section 14(1),

(d)an order under section 22(4), or

(e)an order under section 22B,

but does not include an order made under section 22BB(2).

(3)In section 22BB “prescribed” means prescribed by regulations made—

(a)in relation to England, by the Secretary of State;

(b)in relation to Wales, by the National Assembly for Wales.

(4)Any functions exercisable by the National Assembly for Wales by virtue of this section are to be treated for the purposes of section 44 of the Government of Wales Act 1998 (parliamentary procedures for subordinate legislation) as if made exercisable by the Assembly by an Order in Council under section 22 of that Act.]

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Amendments (Textual)

[F13722CTerrorismE+W+S

(1)An order may be made under section 1(1)(a) for the purpose of avoiding or reducing, or reducing the likelihood of, danger connected with terrorism (for which purpose the reference to persons or other traffic using the road shall be treated as including a reference to persons or property on or near the road).

(2)An order may be made under section 1(1)(b) for the purpose of preventing or reducing damage connected with terrorism.

(3)An order under section 6 made for a purpose mentioned in section 1(1)(a) or (b) may be made for that purpose as qualified by subsection (1) or (2) above.

(4)An order may be made under section 14(1)(b) for a purpose relating to danger or damage connected with terrorism.

(5)A notice may be issued under section 14(2)(b) for a purpose relating to danger or damage connected with terrorism.

(6)In this section “terrorism” has the meaning given by section 1 of the Terrorism Act 2000 (c. 11).

(7)F138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In Wales an order made, or notice issued, by virtue of this section may be made or issued only with the consent of the Secretary of State if the traffic authority is the National Assembly for Wales.

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Amendments (Textual)

Modifications etc. (not altering text)

C118S. 22C(1)(2)(4)(5): transfer of functions (23.3.2005) by The Scotland Act 1998 (Transfer of functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 2, Sch. (with transitional provisions and savings in art. 6)

22DSection 22C: supplementalE+W+S

(1)An order may be made by virtue of section 22C only on the recommendation of the chief officer of police for the area to which the order relates.

(2)The following shall not apply in relation to an order made by virtue of section 22C—

(a)section 3,

(b)section 6(5),

(c)the words in section 14(4) from “but” to the end,

(d)section 121B, and

(e)paragraph 13(1)(a) of Schedule 9.

(3)Sections 92 and 94 shall apply in relation to an order under section 14 made by virtue of section 22C as they apply in relation to an order under section 1 or 6.

(4)An order made by virtue of section 22C, or an authorisation or requirement by virtue of subsection (3) above, may authorise the undertaking of works for the purpose of, or for a purpose ancillary to, another provision of the order, authorisation or requirement.

(5)An order made by virtue of section 22C may—

(a)enable a constable to direct that a provision of the order shall (to such extent as the constable may specify) be commenced, suspended or revived;

(b)confer a discretion on a constable;

(c)make provision conferring a power on a constable in relation to the placing of structures or signs (which may, in particular, apply a provision of this Act with or without modifications).]

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Amendments (Textual)

Modifications etc. (not altering text)

C119S. 22D(3): transfer of functions (23.3.2005) by The Scotland Act 1998 (Transfer of functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 2, Sch. (with transitional provisions and savings in art. 6)

C120S. 22D(4): transfer of functions (23.3.2005) by The Scotland Act 1998 (Transfer of functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 2, Sch. (with transitional provisions and savings in art. 6)

C121S. 22D(5): transfer of functions (23.3.2005) by The Scotland Act 1998 (Transfer of functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 2, Sch. (with transitional provisions and savings in art. 6)

Part IIIE+W+S Crossings and Playgrounds

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Modifications etc. (not altering text)

Pedestrian crossingsE+W+S

23 [F139 Powers of strategic highways companies and local traffic authorities with respect to pedestrian crossings]E+W+S

F140 [( 1 )A [F141strategic highways company or a] local traffic authority may establish crossings for pedestrians on roads for which they are the traffic authority, and may alter or remove any such crossings.

The crossings shall be indicated in the manner prescribed by regulations under section 25 of this Act.]

(2)Before establishing, altering, or removing a crossing a [F141strategic highways company or a] [F142local traffic authority]

(a)shall consult the chief officer of police about their proposal to do so; [F143and]

(b)shall give public notice of that proposal; F144...

F144(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)It shall be the duty of a [F141strategic highways company or a ] [F142local traffic authority] to execute any works (including the placing, erection, maintenance, alteration and removal of marks and traffic signs) required—

(a)in connection with the establishment, alteration or removal of crossings in accordance with regulations having effect under section 25 of this Act, or

(b)in connection with the indication of crossings in accordance with such regulations.

F145(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F146(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F140S. 23(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 35(2); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch.2. and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

F142Words in s. 23(2)(3) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 35(3); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch.2, and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

F143Word in s. 23(2)(a) inserted (S.) (10.10.2005) by Transport (Scotland) Act 2005 (asp. 12), ss. 44(a), 54(2); S.S.I. 2005/454, art. 2, Sch. 2

F144S. 23(2)(c) and preceding word repealed (S.) (10.10.2005) by virtue of Transport (Scotland) Act 2005 (asp. 12), ss. 44(b), 54(2); S.S.I. 2005/454, art. 2, Sch. 2; and omitted (E.W.S) (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(o), Sch. 10 para. 23(a)

F146S. 23(5) repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1)(2), Sch. 8 para. 23(5), Sch.9; which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch.2, and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

Modifications etc. (not altering text)

C123S. 23: transfer of functions (E.W.) (1.4.2011) by The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), arts. 1, 8(1)(b)

24 Pedestrian crossings on [F147other] roads.E+W+S

[F148The [F149national authority] shall establish on roads for which [F150 the national authority] is the traffic authority such crossings] for pedestrians as [F150 the national authority] considers necessary, [F148and execute] any works (including the placing, erection, maintenance, alteration and removal of marks and traffic signs) required in connection with the establishment of those crossings.

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Amendments (Textual)

F147Word in s. 24 heading substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 79; S.I. 2015/481, reg. 2(a)

F148Words in s. 24 substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para.36; which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2, and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

F149Words in s. 24 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 5(a)

F150Words in s. 24 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 5(b)

25 Pedestrian crossing regulations.E+W+S

(1)The [F151relevant authority] may make regulations with respect to the precedence of vehicles and pedestrians respectively, and generally with respect to the movement of traffic (including pedestrians), at and in the vicinity of crossings.

(2)Without prejudice to the generality of subsection (1) above, regulations under that subsection may be made—

(a)prohibiting pedestrian traffic on the carriageway within 100 yards of a crossing, and

(b)with respect to the indication of the limits of a crossing, or of any other matter whatsoever relating to the crossing, by marks or devices on or near the roadway or otherwise, and generally with respect to the erection of traffic signs in connection with a crossing.

(3)Different regulations may be made under this section in relation to different traffic conditions, and in particular (but without prejudice to the generality of the foregoing words) different regulations may be made in relation to crossings in the vicinity of, and at a distance from, a junction of roads, and in relation to traffic which is controlled by the police, and by traffic signals, and by different kinds of traffic signals, and traffic which is not controlled.

(4)Regulations may be made under this section applying only to a particular crossing or particular crossings specified in the regulations.

(5)A person who contravenes any regulations made under this section shall be guilty of an offence.

(6)In this section “crossing” means a crossing for pedestrians established—

(a)by a local authority under section 23 of this Act, or

(b)by the [F152national authority] in the discharge of the duty imposed on [F153the national authority] by section 24 of this Act,

and (in either case) indicated in accordance with the regulations having effect as respects that crossing; and, for the purposes of a prosecution for a contravention of the provisions of a regulation having effect as respects a crossing, the crossing shall be deemed to be so established and indicated unless the contrary is proved.

[F154(7)In this section “"relevant authority”” means—

(a)in relation to a function so far as exercisable within devolved competence, within the meaning of the Scotland Act 1998, means the Scottish Ministers;

(b)in relation to a function so far as exercisable within devolved competence, within the meaning given by section 58A(7) and (8) of the Government of Wales Act 2006, means the Welsh Ministers;

(c)otherwise, means the Secretary of State.]

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Amendments (Textual)

F152Words in s. 25(6)(b) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 6(a)

F153Words in s. 25(6)(b) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 6(b)

Modifications etc. (not altering text)

C124S. 25(1) amended (1.7.1999) by S.I. 1999/1750, art. 4 Sch. 3; S.I. 1998/3178, art. 3

School crossingsE+W+S

26 Arrangements for patrolling school crossings.E+W+S

(1)Arrangements may be made by the appropriate authority for the patrolling of places where children cross roads on their way to or from school, or from one part of a school to another, F155. . . by persons appointed by or on behalf of the appropriate authority, other than constables.

[F156(1A)Arrangements under subsection (1) above may be made for patrolling places at such times as the appropriate authority think fit.]

[F157(1A)Arrangements under subsection (1) above may be made for patrolling places at such times as the authority thinks fit.]

(2)For the purposes of this section, in its application to England and Wales, the appropriate authority—

(a)as respects places [F158outside Greater London] shall be the council of the county [F159 or metropolitan district] in which the places in question are;

(b)as respects places in the City of London, shall be the Common Council of the City; and

[F160(c)as respects places in a London borough, shall be the council for the borough,]

and for the purposes of this section, in its application to Scotland, the appropriate authority shall be the [F161council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] .

(3)The functions of the appropriate authority for the purposes of arrangements under subsection (1) above shall include the duty to satisfy themselves of the adequate qualifications of persons appointed to patrol, and to provide requisite training of persons to be appointed.

(4)In taking decisions as to making arrangements under subsection (1) above—

[F162(a)]in England or Wales, the council of a county [F159or metropolitan district]. . ., shall have regard to any representations made to them F163. . . by local authorities for localities in the county [F164or], [F159 metropolitan district]. . ., as the case may be, [F165and

(b)in Scotland, the regional council shall have regard to any representations made to them by district councils for areas in the region.]

[F166(4A)Before making arrangements under subsection (1) above for the patrolling of places where children cross GLA roads, a London borough council or the Common Council of the City of London must consult Transport for London and take account of any representations made by Transport for London.]

(5)Any arrangements under subsection (1) above—

[F167(a)]if made in England or Wales by the council of the county [F168,London borough][F169or metropolitan district as respects places in the county [F168, London borough] or district], may include an agreement between that council and the [F170chief officer of police of the police force maintained] for the police area in which those places are, [F171or

(b)if made in Scotland by a regional council, may include an agreement between that council and any district council whose area comprises the place to which the arrangements relate,]

for the performance by the [F172chief officer], [F173or, in Scotland, the district council,] on such terms as may be specified in the agreement, of such functions for the purposes of the arrangements as may be so specified.

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Amendments (Textual)

F155Words in s. 26(1) omitted (E.W.) (30.1.2001) by virtue of 2000 c. 38, s. 270(2)(a); S.I. 2001/57, art. 2, Sch. 1 (subject to transitional provisions and savings in Sch. 2 Pt. II) and repealed (E.W.) (prosp.) by 2000 c. 38, ss. 274, 275, Sch. 31 Pt. V(2) and repealed (S.) (1.4.2001) by 2001 asp 2, s. 77(2) (with s. 66); S.S.I. 2001/132, art. 2(3), Sch. Pt. I (subject to transitional provisions and savings in arts. 3, 4)

F156S. 26(1A) inserted (S.) (1.4.2001) by 2001 asp 2, s. 77(3) (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I (subject to transitional provisions and savings in arts. 3, 4)

F157S. 26(1A) inserted (E.W.) (30.1.2001) by 2000 c. 38, s. 270(2)(b); S.I. 2001/57, art. 2, Sch. 1 (subject to transitional provisions and savings in Sch. 2 Pt. II)

F158Words in s. 26(2)(a) substituted (1.4.2000) by 1999 c. 29, s. 288(1)(2)(a) (with Sch. 12 para 9(1)); S.I. 2000/801, art. 2, Sch.

F160S. 26(2)(c) substituted (1.4.2000) by 1999 c. 29, s. 288(1)(2)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.

F161Words in s. 26(2) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 134(3)(a) (with s. 179); S.I. 1996/323, art. 3

F162Word “a" in s. 26(4) repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 134(3)(b)(i), Sch. 14 (with s. 179); S.I. 1996/323, art. 3

F163Words in s. 26(4) ceased to have effect (1.4.2000) by 1999 c. 29, s. 288(1)(3)(a) (with Sch. 12 para. 9(1)) and words repealed (3.7.2000) by 1999 c. 29, s. 423, Sch. 34 Pt. VI (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.

F164Words in s. 26(4) inserted (1.4.2000) by 1999 c. 29, s. 288(1)(3)(b) (with Sch. 12 para. 9(1))

F165s. 26(4)(b) and preceding word “and" repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 134(3)(b)(ii), Sch. 14 (with s. 179); S.I. 1996/323, art. 3

F166S. 26(4A) inserted (1.4.2000) by 1999 c. 29, s. 288(1)(4) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.

F167Word “a" in s. 26(5) repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 134(3)(c)(i), Sch. 14 (with s. 179); S.I. 1996/323, art. 3

F168Words in s. 26(5) inserted (1.4.2000) by 1999 c. 29, s. 288(1)(5) (with Sch. 12 para. 9(1); S.I. 2000/801, art. 2, Sch.

F171s. 26(5)(b) and preceding word “or" repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 134(3)(c)(ii), Sch. 14 (with s. 179); S.I. 1996/323, art. 3

F173Words in s. 26(5) repealed (S.)(1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 134(3)(c)(iii), Sch. 14 (with s. 179); S.I. 1996/323, art. 3

F17427. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

28 Stopping of vehicles at school crossings.E+W+S

(1)When F175. . . a vehicle is approaching a place in a road where [F176a person is] crossing or seeking to cross the road, a school crossing patrol wearing a uniform approved by the [F177national authority] shall have power, by exhibiting a prescribed sign, to require the person driving or propelling the vehicle to stop it.

(2)When a person has been required under subsection (1) above to stop a vehicle—

(a)he shall cause the vehicle to stop before reaching the place where the [F178person is] crossing or seeking to cross and so as not to stop or impede [F179his] crossing, and

(b)the vehicle shall not be put in motion again so as to reach the place in question so long as the sign continues to be exhibited.

(3)A person who fails to comply with paragraph (a) of subsection (2) above, or who causes a vehicle to be put in motion in contravention of paragraph (b) of that subsection, shall be guilty of an offence.

(4)In this section—

(a)prescribed sign” means a sign of a size, colour and type prescribed by regulations made by the [F177national authority] or, if authorisation is given by the [F177national authority] for the use of signs of a description not so prescribed, a sign of that description;

(b)school crossing patrol” means a person authorised to patrol in accordance with arrangements under section 26 of this Act;

and regulations under paragraph (a) above may provide for the attachment of reflectors to signs or for the illumination of signs.

(5)For the purposes of this section—

(a)where it is proved that a sign was exhibited by a school crossing patrol, it shall be presumed, unless the contrary is proved, to be of a size, colour and type prescribed, or of a description authorised, under subsection (4)(b) above, and, if it was exhibited in circumstances in which it was required by the regulations to be illuminated, to have been illuminated in the prescribed manner; [F180and]

(b)where it is proved that a school crossing patrol was wearing a uniform, the uniform shall be presumed, unless the contrary is proved, to be a uniform approved by the [F177national authority] ; F181. . .

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F175Words in s. 28(1) omitted (E.W.) (30.1.2001) and repealed (E.W.) (prosp.) by virtue of 2000 c. 38, ss. 270(3)(a)(i), 274, 275, Sch. 31 Pt. V(2); S.I. 2001/57, art. 2, Sch. 1 (subject to Sch. 2 Pt. II); and those same words repealed (S.) (1.4.2001) by 2001 asp 2, s. 77(4)(a) (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I (subject to arts. 3, 4)

F176Words in s. 28(1) substituted (E.W.) (30.1.2001) and (S.) (1.4.2001) by 2000 c. 38, s. 270(3)(a)(ii); S.I. 2001/57, art. 2, Sch. 1 (subject to Sch. 2 Pt. II) and 2001 asp 2, s. 77(4)(b) (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I (subject to arts. 3, 4)

F177Words in s. 28 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 7

F178Words in s. 28(2)(a) substituted (E.W.) (30.1.2001) and (S.) (1.4.2001) by 2000 c. 38, s. 270(3)(b)(i); S.I. 2001/57, art. 2, Sch. 1 (subject to Sch. 2 Pt. II) and 2001 asp 2, s. 77(5)(a) (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I (subject to arts. 3, 4)

F179Words in s. 28(2)(a) substituted (E.W.) (30.1.2001) and (S.) (1.4.2001) by 2000 c. 38, s. 270(3)(b)(ii); S.I. 2001/57, art. 2, Sch. 1 (subject to Sch. 2 Pt. II) and 2001 asp 2, s. 77(5)(b) (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I (subject to arts. 3, 4)

F180Word in s. 28(5)(a) inserted (E.W.) (30.1.2001) by 2000 c. 38, s. 270(3)(c)(i); S.I. 2001/57, art. 2, Sch. 1 (subject to Sch. 2 Pt. II)

F181S. 28(5)(c) and the preceding word omitted (E.W.) (30.1.2001) and repealed (E.W.) (prosp.) by virtue of 2000 c. 38, ss. 270(3)(c)(ii), 274, 275, Sch. 31 Pt. V(2); S.I. 2001/57, art. 2, Sch. 1 (subject to Sch. 2 Pt. II); and that same sub-provision and word repealed (S.) (1.4.2001) by 2001 asp 2, s. 77(6) (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I (subject to arts. 3, 4)

Modifications etc. (not altering text)

C125S. 28(4)(a): certain functions transferred (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1; S.I. 1998/3178, art. 3

Street playgroundsE+W+S

[F18229 Power to prohibit traffic on roads to be used as playgrounds.E+W+S

(1)For the purpose of enabling a road for which they are the traffic authority to be used as a playground for children, a local traffic authority may make an order prohibiting or restricting the use of the road by vehicles, or by vehicles of any specified class, either generally or on particular days or during particular hours.

The prohibition or restriction may be subject to such exceptions and conditions as to occasional use or otherwise as may be specified in the order.

(2)An order under this section shall make provision for permitting reasonable access to premises situated on or adjacent to the road.

(3)A person who uses a vehicle or causes or permits a vehicle to be used, in contravention of an order in force under this section shall be guilty of an offence.]

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Amendments (Textual)

F182S. 29 substituted for ss. 29, 30 (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para.37; which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2, and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31 Byelaws with respect to roads used as playgrounds.E+W+S

(1)Where an order is or has been made [F186under section 29 of this Act, the local traffic authority may] make byelaws authorising the use of the road as a playground for children and making provision—

(a)with respect to the admission of children to the road when used as a playground;

(b)with respect to the safety of children so using the road and their protection from injury by vehicles using the road for access to premises situated on or adjacent to it or otherwise; and

(c)generally with respect to the proper management of the road when used as a playground for children.

(2)Byelaws under this section [F187made by a local traffic authority in England] shall be subject to confirmation [F188by the Secretary of State].

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Amendments (Textual)

F186Words in s. 31(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para.38; which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch.2, and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

Part IVE+W+S Parking Places

Provision of off-street parking, and parking on roads without paymentE+W+S

32 Power of local authorities to provide parking places.E+W+S

(1)Where for the purpose of relieving or preventing congestion of traffic it appears to a local authority to be necessary to provide within their area suitable parking places for vehicles, the local authority, subject to Parts I to III of Schedule 9 to this Act—

(a)may provide off-street parking places (whether above or below ground and whether or not consisting of or including buildings) together with means of entrance to and egress from them, or

(b)may by order authorise the use as a parking place of any part of a road within their area, not being a road the whole or part of the width of which is within Greater London.

(2)A local authority may adapt for use as, or for providing means of entrance to or egress from, a parking place any land acquired or appropriated by them for the purposes of this section, and may, with the consent of the authority or person responsible for the maintenance of a road, adapt any part of it for the purpose of providing means of entrance to or egress from a parking place.

(3)Any power conferred by this section to provide a parking place includes power to maintain it (if below ground) and to maintain buildings comprised in it, and to provide and maintain any cloakroom or other convenience for use in connection with it; and references in other provisions of this section to parking places shall accordingly be construed as including references to any such conveniences.

(4)In this section and in sections 33 to 41 of this Act—

(a)local authority”, in relation to England and Wales, means (subject to section 36(3)) the council of a county, London borough or district . . . F189 or the Common Council of the City of London and, in relation to Scotland, means [F190council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

(b)parking place” means a place where vehicles, or vehicles of any class, may wait;

and for the purposes of this section and of sections 33 to 41 of this Act, an underground parking place shall not be deemed to be part of a road by reason only of its being situated under a road.

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Amendments (Textual)

F190Words in s. 32(4)(a) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 134(4); S.I. 1996/323, art. 4

Modifications etc. (not altering text)

C127S. 32 restricted by Local Government Act 1985 (c. 51, SIF 81:1) s. 8(2), Sch. 5 para. 12

C128S. 32 restricted (S.) (1.4.1995) by 1994 c. 39, ss. 7(2), 44(2); S.I. 1994/2850, art. 3(a), Sch. 2

33 Additional powers of local authorities in connection with off-street parking places.E+W+S

(1)The power of a local authority under section 32 of this Act to provide off-street parking places shall include power to provide them in buildings used also for other purposes, and to erect or adapt, and to maintain, equip and manage, buildings accordingly; and the authority by whom a parking place is so provided may let, on such terms as they think fit, parts of the building which are not used for the parking place, and may provide services for the benefit of persons occupying or using those parts, and may make such reasonable charges for those services as they may determine.

(2)A local authority may adapt for use as a temporary off-street parking place any land owned by them or under their control, not being, in the case of land owned by them, land acquired or appropriated by them for use as an off-street parking place.

(3)A local authority may let for use as a parking place any off-street parking place provided by them; and, where the parking place is in a building, they may let the parking place separately from the rest of the building or let the whole or any part of the building with the parking place.

(4)A local authority may, on such terms as they think fit,—

(a)let land on which they could erect or adapt a building for the purpose of providing an off-street parking place with a view to its being provided by some other person, or

(b)arrange with any person for him to provide such a parking place on any land of which he is the owner or in which he has an interest.

(5)A local authority may, at an off-street parking place provided by them under section 32 of this Act, provide and maintain such buildings, facilities and apparatus as they think fit for the storage and sale of fuel and lubricants and the supply of air and water for the vehicles, and may let or hire out, on such terms as they think fit, the buildings, facilities or apparatus so provided, but shall not themselves sell or supply fuel or lubricants.

(6)Subsections (1) to (5) above shall not affect the provisions of any local Act as to the provision of parking places.

(7)A local authority shall have power to enter into arrangements with any person under which, in consideration of the payment by him to the authority of a lump sum, or of a series of lump sums, he is authorised to collect and retain the charges made in respect of the parking of vehicles in an off-street parking place provided by the authority under section 32 of this Act.

34 Provision of access to premises through off-street parking place.E+W+S

(1)Where it appears to a local authority F191 . . .which proposes to provide, or has provided, an off-street parking place under section 32 of this Act—

[F192(a)that it would relieve or prevent congestion of traffic on a highway or, in Scotland, a road if use were made of the parking place to provide a means of access from the highway or road to premises adjoining, or abutting on, the parking place, and]

(b)that it would be possible to provide such access and at the same time ensure that vehicles using the parking place to obtain access to the premises in question would, while in the parking place, proceed in the direction in which other vehicles using the parking place are to be, or are, required to proceed,

the authority may provide such a means of access in accordance with the provisions of this section.

(2)A local authority may adapt for use as, or for providing, means of access under this section—

(a)an off-street parking place provided by them under section 32 of this Act;

(b)any land acquired or appropriated by them for the purposes of this section or section 32; or

(c)with the consent of the authority or person responsible for the maintenance of a road, any part of that road.

(3)A local authority which proposes to provide, or has provided, a means of access to any premises under this section—

(a)may enter into an agreement with the occupier of the premises with respect to the use of the means of access and for the making by him of contributions towards the expenses incurred by the authority in providing the means of access;

(b)may, for such consideration and on such terms and conditions as may be agreed, grant to the occupier of the premises, or any other person having an interest in them, a right of way over any such part of the land comprised in the parking place as is to be used as the means of access, and such other rights (if any) incidental to, or connected with, the use of the means of access as they think it necessary or expedient to grant.

(4)Subject to the provisions of any agreement made by them under paragraph (a) of subsection (3) above and to any rights granted by them under paragraph (b) of that subsection, a local authority may stop up any means of access provided by them under this section.

(5)References in this section to a parking place include references to the means of entrance to and egress from the parking place.

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Amendments (Textual)

F192S. 34(1)(a) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 40(b); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch.2, and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

Modifications etc. (not altering text)

35 Provisions as to use of parking places provided under s. 32 or 33.E+W+S

(1)As respects any parking place—

(a)provided by a local authority under section 32 of this Act, or

(b)provided under any letting or arrangements made by a local authority under section 33(4) of this Act,

the local authority, subject to Parts I to III of Schedule 9 to this Act, may by order make provision as to—

(i)the use of the parking place, and in particular the vehicles or class of vehicles which may be entitled to use it,

(ii)the conditions on which it may be used,

(iii)the charges to be paid in connection with its use (where it is an off-street one), and

(iv)the removal from it of a vehicle left there in contravention of the order and the safe custody of the vehicle

[F193and the power under paragraph (iii) to make provision as to the payment of charges shall include power to make provision requiring those charges, or any part of them, to be paid by means of the hire or purchase in advance, or the use, of parking devices in accordance with the order.].

(2)Where under section 34 of this Act a means of access to any premises has been provided by a local authority through an off-street parking place, then, subject to Parts I to III of Schedule 9 to this Act and to the provisions of any agreement made by the local authority under subsection (3) of section 34 and to any rights granted by them under that subsection, the authority may by an order under subsection (1) above make provision as to the use of the parking place as the means of access and, in particular, as to the vehicles or class of vehicles which may be entitled to use the means of access and as to the conditions on which the means of access may be used.

(3)An order under subsection (1) above may provide for a specified apparatus or device to be used—

(a)as a means to indicate—

(i)the time at which a vehicle arrived at, and the time at which it ought to leave, a parking place, or one or other of those times, or

(ii)the charges paid or payable in respect of a vehicle in an off-street parking place; or

(b)as a means to collect any such charges,

and may make provision regulating the use of any such apparatus or device; F194. . ..

[F195(3A)An order under subsection (1) above may also provide—

(a)for regulating the issue, use and surrender of parking devices;

(b)for requiring vehicles to display parking devices when left in any parking place in respect of which the parking devices may be used;

(c)without prejudice to the generality of paragraph (b) above, for regulating the manner in which parking devices are to be displayed or operated;

(d)for prescribing the use, and the manner of use, of apparatus, F196. . ., designed to be used in connection with parking devices;

(e)for treating—

(i)the indications given by a parking device, or

(ii)the display or the failure to display a parking device on or in any vehicle left in any parking place,

as evidence (and, in Scotland, as sufficient evidence) of such facts as may be provided by the order;

(f)for the refund, in such circumstances and in such manner as may be prescribed in the order, of the whole or part of the amount of any charge paid in advance in respect of a parking device;

(g)for the payment of a deposit in respect of the issue of a parking device and for the repayment of the whole or any part of any such deposit.

(3B)In this section and in section 35A below “parking device” means either a card, disc, token, meter, permit, stamp or other similar device, whether used in a vehicle or not, F197. . ., which, being used either by itself, or in conjunction with any such apparatus as is referred to in subsection (3A)(d) above—

(a)indicates, or causes to be indicated, the payment of a charge, and—

(i)the period in respect of which it has been paid and the time of the beginning or end of the period, or

(ii)whether or not the period for which it has been paid or any further period has elapsed, or

(iii)the period for which the vehicle in relation to which the parking device is used is permitted to park in the parking place, and the time of the beginning or end of the period, or

(iv)whether or not the period for which the vehicle in relation to which the parking device is used is permitted to park in the parking place or any further period has elapsed; or

(b)operates apparatus controlling the entry of vehicles to or their exit from the parking place, or enables that apparatus to be operated;

or any other device of any such description as may from time to time be prescribed for the purposes of this section and section 35A below by order made by the Secretary of State, F197. . ..

(3C)An order under subsection (3B) above which revokes or amends a previous order under that subsection may make such savings and transitional provision as appears to the Secretary of State to be necessary or expedient.

(3D)The power to make orders under subsection (3B) above is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

F198(4)—(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F199(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F200(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F194Words in s. 35(3) repealed (13.9.1996) by S.I. 1996/1553, art. 2(1), Sch.

F196Words in s. 35(3A)(d) repealed (13.9.1996) by S.I. 1996/1553, art. 2(1), Sch.

F197Words in s. 35(3B) repealed (13.9.1996) by S.I. 1996/1553, art. 2(1), Sch.

Modifications etc. (not altering text)

C132S. 35 restricted (S.) (4.1.1995) by 1994 c. 39, ss. 7(2), 44(2); S.I. 1994/2850, art. 3(a), Sch. 2

[F20135A Offences and proceedings in connection with parking places provided under s. 32 or 33.E+W+S

(1)In the event of any contravention of, or non-compliance with, a provision of an order under section 35(1) above, the person responsible shall be guilty of an offence.

(2)A person who, with intent to defraud—

(a)interferes with any such apparatus or device mentioned in section 35(3) above as is by an order under section 35(1) above to be used for the collection of charges at an off-street parking place, or operates or attempts to operate it by the insertion of objects other than current coins or bank notes of the appropriate denomination, or the appropriate credit or debit cards, or

(b)interferes with any such apparatus as is mentioned in section 35(3A)(d) above or with a parking device, or operates or attempts to operate any such apparatus or any parking device otherwise than in the manner prescribed, or

(c)displays a parking device otherwise than in the manner prescribed,

shall be guilty of an offence.

(3)An order under section 35(1) above may include provision—

(a)for determining the person responsible for any contravention of or non-compliance with the order;

(b)for treating—

(i)the indications given by any such apparatus or device as is mentioned in section 35(3) above used in pursuance of the order, or

(ii)the indications given by any such apparatus as is mentioned in section 35(3A)(d) above used in pursuance of the order, or any tickets issued by it, or the absence of any such ticket from a vehicle left in a parking place,

as evidence (and, in Scotland, as sufficient evidence) of such facts and for such purposes as may be provided by the order;

(c)for applying with any appropriate adaptations any of the provisions of subsections (4) to (6) of section 47 of this Act.

F202(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)While a vehicle is within a parking place, it shall not be lawful for the driver or conductor of the vehicle, or for any person employed in connection with it, to ply for hire or accept passengers for hire; and if a person acts in contravention of this subsection he shall be guilty of an offence.

(6)In this section—

  • credit card” means a card or similar thing issued by any person, use of which enables the holder to defer the payment by him of the charge for parking a vehicle; and

  • debit card” means a card or similar thing issued by any person, use of which by the holder causes the charge for parking a vehicle to be paid by the electronic transfer of funds from any current account of his at a bank or other institution providing banking services.]

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Amendments (Textual)

F202s. 35A(4) repealed (13.9.1996) by S.I. 1996/1553, art. 2(1), Sch.

Modifications etc. (not altering text)

C133S. 35A excluded (temp.) ((1.10.1991) (E.W.) (16.6.1997) (S.)) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 43, 84(1), Sch. 3 para. 1(4)(a); by S.I. 1991/2054, art. 3, Sch.; S.I. 1997/1580, art. 2

[F20335B Display of information.E+W+S

(1)The Secretary of State may make regulations requiring local authorities to display at off-street parking places provided by them under section 32 above such information about parking there as is specified in the regulations.

(2)Regulations under this section may also—

(a)require the display of any orders under section 35(1) above relating to the parking place;

(b)specify the manner in which the information and orders are to be displayed;

(c)exempt local authorities, in specified circumstances or subject to specified conditions, from the requirement to display information and orders, or to display them in the specified manner; and

(d)provide, in relation to a parking place at which a local authority fails to comply with the regulations or with any specified provision of the regulations, that, except in any specified circumstances, any order under section 35(1) above shall be of no effect in its application to that parking place in so far as it requires the payment of any charge in connection with use of the parking place—

(i)while the failure to comply continues, and

(ii)as respects vehicles parked there when the failure to comply was remedied, during a specified period thereafter.

(3)Regulations under this section may make different provision for different circumstances and for different descriptions of parking place, and may exempt specified descriptions of parking place from any provision of the regulations.

(4)In any proceedings for contravention of, or non-compliance with, an order under section 35(1) above relating to an off-street parking place, it shall be assumed, unless the contrary is shown, that any relevant regulations under this section were complied with at all material times.]

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Amendments (Textual)

[F20435C Variation of charges at off-street parking places.E+W+S

(1)Where an order under section 35(1)(iii) of this Act makes provision as to the charges to be paid in connection with the use of off-street parking places, the authority making that order may vary those charges by notice given under this section.

(2)The variation of any such charges by notice is not to be taken to prejudice any power to vary those charges by order under section 35 of this Act.

(3)The Secretary of State may by regulations make provision as to the procedure to be followed by any local authority giving notice under this section.

(4)The regulations may, in particular, make provision with respect to—

(a)the publication, where an authority propose to give notice, of details of their proposal;

[F205(aa)consultation about their proposal;]

(b)the form and manner in which notice is to be given; and

(c)the publication of notices.

[F206(4A)Regulations under this section may make different provision for different purposes.]

(5)In giving any notice under this section a local authority shall comply with the regulations.]

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Amendments (Textual)

F204S. 35C inserted (5.7.1993 in relation to E.W. and otherwise 10.10.1997) by Road Traffic Act 1991 (c. 40, SIF 107:1), s.41; S.I. 1993/1461, art. 2(a); S.I. 1993/1686, art.2.; S.I. 1997/2260, art. 2

36 Provisions as to authorising use of roads for parking.E+W+S

(1)Subject to section 37 of this Act, no order under section 32(1)(b) of this Act shall—

(a)authorise the use of any part of a road so as unreasonably to prevent access to any premises adjoining the road or the use of the road by any person entitled to use it, or so as to be a nuisance, or

(b)be made in respect of any part of a road without the consent of the authority or person responsible for the maintenance of the road.

(2)The exercise by a local authority of their powers under section 32 of this Act with respect to the use as a parking place of any part of a road shall not render them subject to any liability in respect of the loss of or damage to any vehicle or the fittings or contents of any vehicle parked in the parking place.

(3)In relation to roads in England the power to make an order under section 32(1)(b) of this Act shall not be exercisable by [F207non-metropolitan] district councils.

(4)Subsection (3) above shall not affect the operation of section 101(1) of the M7Local Government Act 1972 (arrangements for discharge of functions by local authorities), which shall have effect as if subsection (3) above were contained in an Act passed before that Act.

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Amendments (Textual)

Marginal Citations

37 Extension of powers for purposes of general scheme of traffic control.E+W+S

[F208(1)This section applies to an order made under both section 1 and section 32 of this Act by—

(a)the council of a county or metropolitan district in England and Wales, or

(b)by a [F209council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] in Scotland,

where the order is, and is stated to be, made by virtue of this section and for the purposes of a general scheme of traffic control in a stated area.]

(2)Without prejudice to Parts I to III of Schedule 9 to this Act, the following provisions of this Act, that is to say, section 3(1), so far as it relates to vehicles, and sections 3(2) and 36(1)(a), shall not apply to any order to which this section applies, or to any order under this Act revoking or varying such an order.

(3)Any provision of—

(a)an order to which this section applies in so far as it has effect by virtue of section 1 of this Act, or

(b)an order revoking or varying such an order, in so far as the order revoked or varied has effect by virtue of that section,

may, notwithstanding anything in that section, be made so as to apply to [F210a road for which the Secretary of State [F211 or a strategic highways company] is the traffic authority].

(4)No authority shall make an order to which this section applies unless they are satisfied that the general scheme of traffic control—

(a)is adequate in point of area;

(b)takes adequate account of the need for maintaining the free movement of traffic and of the need for maintaining reasonable access to premises;

(c)takes adequate account of the effect of heavy commercial vehicles on amenities; and

(d)makes provision for street parking places, and for regulating their use with the aid of apparatus or devices F212. . ., which is suitable, regard being had to the extent to which off-street parking places are available in the neighbourhood or their provision is likely to be encouraged by the scheme.

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Amendments (Textual)

F208S. 37(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 41(2); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2, and for England and Wales only by S.I. 1991/2288, art. 3, Sch.

F209Words in s. 37(1)(b) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 134(5); S.I. 1996/323, art. 4

F210Words in s. 37(3) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 41(3); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2, and for England and Wales only by S.I. 1991/2288, art. 3, Sch.

F212Words in s. 37(4)(d) repealed (13.9.1996) by S.I. 1996/1553, art. 2(1), Sch.

Modifications etc. (not altering text)

C136S. 37 restricted (S.) (4.1.1996) by 1994 c. 39, ss. 7(2), 44(2); S.I. 1994/2850, art. 3(a), Sch. 2

38 Parking place to be used as bus or coach station.E+W+S

(1)Where, in pursuance of the powers conferred by section 32 of this Act, a local authority provides a parking place which may be used by public service vehicles, then, subject to Parts I to III and Part V of Schedule 9 to this Act, the local authority may, if they think fit,—

(a)by order appoint that parking place as a station for, or for a specified class of, public service vehicles;

(b)in England or Wales by regulation, and in Scotland by order, declare that section [F21335A(5)] of this Act shall not apply to public service vehicles, either absolutely or to such extent as may be specified in the regulation or order.

(2)A local authority by whom a parking place is appointed under this section as a station for public service vehicles may—

(a)do all such things as are necessary to adapt the parking place for use as such a station, and in particular provide and maintain waiting rooms, ticket offices and lavatories and other similar accommodation in connection with it;

(b)make reasonable charges for the use of, or let on hire to any person, any accommodation so provided; and

(c)make regulations as to the use of any such accommodation.

(3)Subject to subsection (4) below, a local authority shall have power to make such reasonable charges for the use of a parking place (not being part of a [F214road]) as a station for public service vehicles as may be fixed by the local authority.

(4)If the holder of a PSV operator’s licence in respect of any vehicles using the parking place as a station considers that the charges fixed under subsection (3) above are unreasonable, then, in default of agreement between the licence holder and the local authority for a reduction of them, the charges in respect of those vehicles shall be such as may be determined by [F215the appropriate traffic [F216commissioner][F215a traffic commissioner]].

(5)The powers conferred on a local authority by subsections (1) and (2) above shall be in addition to, and not in substitution for, the powers conferred on a local authority by sections 32 and 33(1) of this Act.

(6)The purposes of this section shall be purposes for which a local authority may borrow.

(7)In this section—

(a)[F217the appropriate traffic [F216commissioner]” means the [F216commissioner] for any traffic area constituted for the purposes of the M8Public Passenger Vehicles Act 1981 in which the area or any part of the area of the local authority is situated; and]

(b)PSV operator’s licence” means a PSV operator’s licence granted under the provisions of Part II of the said Act of 1981.

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Amendments (Textual)

Modifications etc. (not altering text)

Marginal Citations

M81981 c. 14(107:1).

39 Supplementary provisions as to exercise of powers under ss. 32–35 in England or Wales.E+W+S

(1)Before exercising their powers under section 32(1) or section 35(1) of this Act, except in the case of the exercise of the power conferred by section 32(1)(b) of this Act in relation to a road in England, a county council in England or Wales shall consult with the council of the district in which the parking place is to be, or is, situated.

F218(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A district council [F219, other than a metropolitan district council,] shall not exercise its powers under any of the following provisions of this Act, that is to say, section 32, subsections (1), (3) and (4) of section 33, section 34 and section 35(1), without the consent of the county council; and any consent given by the county council may be subject to such conditions or restrictions as they think fit.

(4)Where F220. . . a [F221non-metropolitan] district council in England F222. . . proposes to make an order under section 35 of this Act, the council shall submit a draft of the order to the county council, who (without prejudice to their power to give or withhold consent to the making of the order) may require such modifications of the terms of the proposed order as they think appropriate.

(5)A district council aggrieved by the refusal of the county council to give consent under subsection (3) above, by any conditions or restrictions subject to which any such consent is given, or by any modifications required under subsection (4) above, may appeal to the Secretary of State; and on any such appeal the Secretary of State may give such directions as he thinks fit, either dispensing with the need for consent or varying or revoking any such conditions, restrictions or modifications.

(6)Subject to subsections (7) and (8) below, the power to vary or revoke an order made by a district council [F223, other than a metropolitan district council,] under section 32(1) or section 35(1) of this Act shall be exercisable by the county council as well as by the district council; and the powers of a county council under section 35 of this Act shall apply in relation to a parking place—

(a)provided by the council of a district in the county under section 32 of this Act, or

(b)provided under any letting or arrangements made by the council of such a district under section 33(4) of this Act,

as they apply in relation to parking places provided by, or under any letting or arrangements made by, the county council.

(7)Where a county council proposes to make an order by virtue of subsection (6) above, the county council shall send a copy of the proposed order to the district council; and if, not later than 6 weeks after they have received such a copy from the county council, the district council serve notice on the county council and the Secretary of State of their objection to the making of the proposed order, and the objection is not withdrawn by a further notice served not later than 6 weeks after the service of the notice of objection, the county council shall submit a copy of the proposed order to the Secretary of State, and shall not make the order except with his consent.

[F224(7A)Subsection (7) above does not apply to Wales.]

(8)If the Secretary of State consents to an order submitted to him for his consent under subsection (7) above, he may consent to the order either in the form in which it was submitted to him or with such modifications as he thinks fit, which may include additions, exceptions or other modifications of any description; but where he proposes to consent to the order with modifications which appear to him substantially to affect the character of the order as submitted to him, he shall, before doing so, take such steps as appear to him to be sufficient and reasonably practicable for informing the county council and district council in question and any other persons likely to be concerned.

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Amendments (Textual)

40 Acquisition of land: provisions as to parking places.E+W+S

(1)A local authority may be authorised by the Secretary of State to purchase compulsorily land for the purposes of sections 32, 33(4)(a) and 34 of this Act; and the M9Acquisition of Land Act 1981 or, as the case may be, the M10Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to the compulsory purchase of land under this subsection and, in the latter case, shall apply as if this subsection had been in force immediately before the commencement of that Act.

(2)The power of a local authority to acquire land for the purposes of sections 32, 33(4)(a) and 34 of this Act shall extend to the acquisition of any interest or right in, over or under land; and in subsection (1) above “land” shall be construed as including any such interest or right.

(3)Land compulsorily acquired by a local authority otherwise than for the purposes of an off-street parking place, and not appropriated for a purpose other than that for which it was acquired, shall not be used by them for providing an off-street parking place on it for a period exceeding 12 months except with the consent of the Minister of the Crown who, at the time when his consent is sought, is the Minister concerned with the function for the purposes of which the land was acquired.

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Marginal Citations

41 Financial provisions relating to parking places.E+W+S

(1)A local authority may contribute towards the expenses incurred by any other authority in the exercise of their powers under the following provisions of this Act, that is to say, sections 32, 33(1), 34, 35(9) and 40.

(2)A local authority in Scotland may borrow such sums as the authority may require for the purpose of those provisions.

42 Provisions as to foreshore in Scotland.E+W+S

—Nothing in section 32, 33(1), 38 or 40(1) of this Act shall authorise the execution of any works on, over or under tidal lands in Scotland below high-water mark of ordinary spring tides except in accordance with such plans and sections, and subject to such restrictions and regulations, as have been approved in writing by the Secretary of State before the commencement of the works.

Control of off-street parkingE+W+S

43 Control of off-street parking in Greater London.E+W+S

(1)The provisions of this section shall apply to any area in Greater London which [F225the local authority] may by regulations designate as a controlled area for the purposes of this section: and any such regulations—

(a)in addition to including any such provision as is authorised by subsection (6) below, may prescribe forms to be used for the purposes of this section and any other matters which under this section or Schedule 4 to this Act are to be prescribed;

(b)may include such supplementary, incidental and consequential provision as appear to [F225the local authority] to be necessary or expedient for the purposes of this section; and

(c)may make different provision as respects like matters in different circumstances;

but the provisions of Part I of the said Schedule 4 shall apply to the making of any such regulations F226. . .

(2)Subject to subsection (15) below, in a controlled area no person other than the local authority shall operate a public off-street parking place of a prescribed description except under and in accordance with the terms and conditions of a licence granted to that person by the local authority.

(3)An applicant for a licence in respect of any premises may apply either for a permanent licence or for a licence for such limited period not exceeding five years as the applicant may specify, and any application to the local authority for a licence shall be accompanied by the prescribed fee appropriate to the type of licence applied for towards the administrative expenses of the local authority under this section; and, subject to subsection (6) below, on any such application the local authority may at their discretion either grant the applicant a licence of the type applied for or refuse the application.

(4)Subject to subsection (6) below, every licence shall specify—

(a)the period of its duration, that is to say, whether it is a permanent licence or a licence for a limited period and, if for a limited period, the period for which it is granted;

(b)the maximum number of parking spaces to be provided at the licensed parking place for all, and, if the local authority think fit, for any respectively, of the following descriptions of parking, namely, short-term parking, long-term parking, casual parking and regular parking or any particular category of regular parking;

(c)any conditions in addition to those specified in subsection (5) below subject to which the licence is granted, being such conditions, if any, as the local authority may think fit with respect to all or any of the following matters, namely—

(i)the scale of charges, or the minimum charges, or the maximum and minimum charges, to be made for the use of parking spaces at the licensed parking place for all, or for any respectively, of the descriptions of parking referred to in paragraph (b) above;

(ii)the proportion of parking spaces to be available respectively for casual parking and for, or for any specified category of, regular parking;

(iii)the times of opening and closing of the licensed parking place for the reception of vehicles;

(iv)the manner in which users of the licensed parking place are to be informed of the effect of the terms and conditions of the licence;

(v)the keeping by the operator of the licensed parking place as respects all, or as respects any respectively, of the descriptions of parking referred to in the said paragraph (b) of records showing for each day the number of vehicles using parking spaces at the licensed parking place and the sums received by way of charges for the use of those parking spaces.

(5)It shall be a condition of every licence—

(a)that any person authorised in that behalf in writing by the local authority F227. . . may, subject to production if requested of his authority, at all reasonable hours enter upon and inspect the licensed parking place; and

(b)that the holder of the licence shall, on being given reasonable notice for the purpose by any such person, produce to that person and permit him to examine and make copies of, or take extracts from, any records required by virtue of subsection (4)(c)(v) above to be kept in connection with the operation of that parking place;

but if any such person discloses to any other person otherwise than in the performance of his duty any information with regard to the operation of that parking place or to any trade secret obtained by him at that parking place or from any such examination, or if any member or officer of the local authority to whom any such information is disclosed by reason of his official position discloses that information to any person otherwise than in the performance of his duty, that person or, as the case may be, that member or officer shall (in England and Wales) be guilty of an offence.

(6)Regulations made by [F228a local authority] under subsection (1) above may include provision—

(a)as to the maximum number of parking spaces to be made available at licensed parking places for all, or for any respectively, of the descriptions of parking referred to in subsection (4)(b) above in, or in any specified part of, any controlled area F229. . . :

(b)requiring that, in the case of licensed parking places in a particular controlled area or part of a controlled area, all or any of the matters referred to in subsection (4)(c) above shall or as the case may be shall not be the subject of conditions specified in the licence;

(c)regulating the conditions which may be imposed with respect to any of the matters aforesaid;

F230. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Where the local authority decide in pursuance of subsection (3) above—

(a)to refuse an application for a licence; or

(b)to grant a licence subject to any conditions which they are not required by regulations under subsection (6) above to impose with respect to any of the matters referred to in subsection (4)(c)(i) to (v) above,

they shall inform the applicant in writing of the reasons for their decisions at the same time as they inform him of that decision.

(8)Where a licence has been granted—

(a)the local authority shall, if so requested by a successor in title to the business (so far as it consists of the operation of the licensed parking place) of the person to whom the licence was granted, transfer the licence to that successor in title, but a licence shall not otherwise be transferable;

(b)the holder of the licence may at any time surrender it by giving notice in writing for the purpose to the local authority which shall include a statement certifying either that the holder is the only person entitled to any interest in the licensed premises or that not less than 21 days before the date of the notice the holder has notified all other persons known to him to be so entitled of his intention to serve the notice;

(c)the local authority may at any time on the application or with the agreement of the holder of the licence vary any of the terms and conditions specified in the licence under subsection 4(b) and (c) above;

(d)in the case of a permanent licence, the local authority shall have the powers of revocation or variation of the licence conferred by Part II of Schedule 4 to this Act.

(9)The provisions of Parts III and IV of Schedule 4 to this Act shall have effect with respect to appeals and compensation in connection with certain decisions of a local authority under this section; F231. . . ; and every person who applies for or is the holder of a licence in respect of any premises shall give to any other person known to him to be entitled to any interest in those premises information as soon as may be—

(a)of the making of the application; and

(b)of any decision of the local authority relating to the premises of which he is, or is deemed under paragraph 14(2) of the said Schedule to have been, notified by the local authority; and

(c)of the bringing, and of the determination or abandonment, of any appeal from any such decision brought by that person under the said Part III.

(10)Subject to subsection (15) below and to the provisions of Part V of Schedule 4 to this Act, any holder of a licence who contravenes or fails to comply with any of the terms and conditions of the licence and who does not show that the contravention or failure was due to an act or omission of a person not connected with the operation of the licensed parking place which the persons so connected could not reasonably have been expected to prevent shall be guilty of an offence; and on the conviction of the holder of a licence of an offence under this subsection the court before whom he is convicted may, if on an application made for the purpose by the local authority the court is satisfied that it is proper so to do by reason of the extent to which, or the period over which, or the frequency with which, the holder of the licence has contravened or failed to comply with the terms and conditions of the licence or by reason of the wilfulness of the offence, make an order for the revocation of the licence.

(11)Save as provided by subsection (10) above or Part II of Schedule 4 to this Act, a licence shall not be revoked; and the revocation of a licence in pursuance of an order under that subsection or the revocation or variation of a licence under the said Part II shall not take effect—

(a)before the expiration of the period for giving notice of appeal from the order or, as the case may be, notice of appeal under Part III of that Schedule from the local authority’s decision to revoke or, as the case may be, vary the licence; or

(b)if such a notice of appeal is duly given, until the effectiveness or otherwise of the order or, as the case may be, the local authority’s decision is finally determined in accordance with the relevant procedure.

(12)Subject to subsection (15) below and to the provisions of Part V of Schedule 4 to this Act, any person who, in contravention of subsection (2) above, operates a public off-street parking place without holding a licence for the purpose shall be guilty of an offence.

(13)The local authority for a controlled area shall have regard to any regulations for the time being in force under this section when exercising in that area any of their functions under sections 32 to 36 and 39 to 41 of this Act; and where a public off-street parking place is provided in a controlled area by the local authority under the said section 32, any such regulations shall apply to the operation of that parking place with such modifications as may be prescribed for the purpose, being modifications appearing to [F232the local authority] to be necessary to ensure that the parking place is operated by or on behalf of the local authority with suitable provision as to the matters referred to in subsection (4)(b) and (c)(i) to (iv) above in like manner as if it were being operated under a licence granted by the local authority.

(14)In this section, section 44 of, and Schedule 4 to this Act—

  • charges” includes fares, rates, tolls and dues of every description;

  • F233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • licence” means a licence under this section;

  • [F234local authority” means the council of a London borough or the Common Council of the City of London;]

  • long-term parking” and “short-term parking” mean parking for a continuous period exceeding, or, as the case may be, not exceeding, four hours or such longer period as may be prescribed;

  • prescribed” means prescribed by regulations made under this section;

  • public off-street parking place” means a place, whether above or below ground and whether or not consisting of or including buildings, where [F235off-street parking accommodation] is made available by any person to the public for payment; and references to operating, or to the operation of, or to the operator of, such a parking place shall be construed as references to making, or as the case may be to the person making, such parking [F235accommodation] at the parking place so available.

(15)The Secretary of State, after consultation with [F236a local authority], may at any time, if it appears to him expedient so to do by reason of any emergency which appears to him to have arisen or to be likely to arise, by order, which shall be laid before Parliament after being made, provide that this subsection shall apply either in relation to all areas for the time being designated [F237by the local authority] as controlled areas or in relation to such parts of any of those areas as may be specified in the order; and—

(a)during the period while any such order is in force in relation to any controlled area or part thereof, any public off-street parking place in that area or part may be operated as if that area or part were not, or, as the case may be, were not comprised in, a controlled area; and

(b)nothing in subsection (10) or (12) above shall apply to anything done at any such parking place during that period.

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Amendments (Textual)

F235Words in s. 43(14) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59,108), ss. 168(1), 170(1), Sch. 8 para.43; which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch.2 and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

44 Control of off-street parking outside Greater London.E+W+S

(1)With a view to providing further means of regulating traffic in urban areas, Her Majesty may by Order in Council provide for enabling the operation of public off-street parking places to be regulated—

[F238(a)in English counties, by the county council or metropolitan district council, and in [F239Welsh counties or county boroughs by the county council or (as the case may be ) county borough council], by the county council; and]

(b)in Scottish [F240local authority areas by the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] .

(2)An Order in Council under this section may make any such provision for the remainder of England and Wales, or for Scotland as the case may be, as is made for Greater London by section 43 of this Act and shall be so framed as to conform with the London provisions as respects all matters there dealt with, subject only to the modifications permitted or required by the following subsection and other minor and incidental modifications.

(3)The modifications referred to above are that the Order—

(a)shall provide for controlled areas to be so designated that they comprise only premises to which there is no road access otherwise than (directly or indirectly) from one or more urban roads;

[F241(b)may in relation to non-metropolitan counties in England and F242. . . provide for certain functions of local authorities under the London provisions in respect of areas designated as controlled areas to be conferred on district councils or on both county councils and district councils, and may in consequence of any such distribution of functions make such incidental and supplementary provision as appears to Her Majesty to be necessary or expedient;]

(c)may take account of Scottish legislation corresponding to legislation for England and Wales; and

(d)may include, in place of references and requirements which are apposite only for London, corresponding references and requirements apposite for other areas of Great Britain.

(4)Any such Order shall also require councils—

(a)to consult organisations representative of the disabled before deciding to propose the designation of a controlled area under the Order; and

(b)if representations are received from such organisations about the proposal, to send to the Secretary of State (together with copies of representations received from other organisations consulted) a statement of how parking requirements of the disabled arising from implementation of the proposal are met by existing facilities or, if in the opinion of the council they are not already so met, how it is intended to meet them.

(5)In this section—

(a)the London provisions” means section 43 of, and Schedule 4 to, this Act; and

(b)urban road” means a road which—

(i)is a restricted road for the purposes of section 81 of this Act; or

(ii)is subject to an order [F243made by virtue of section 84(1)(a)] of this Act imposing a speed limit of not more than 40 m.p.h.

(6)An Order in Council made under this section shall be subject to annulment by resolution of either House of Parliament.

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Amendments (Textual)

F240Words in s. 44(1)(b) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 134(6); S.I. 1996/323, art. 4

Parking on highways for paymentE+W+S

45 Designation of paying parking places on highways.E+W+S

[F244(1)A local authority may by order designate parking places on highways or, in Scotland, roads in their area for vehicles or vehicles of any class specified in the order; and the authority may make charges (of such amount as may be prescribed under section 46 below) for vehicles left in a parking place so designated.

The exercise of this power by a local authority F245. . . in relation to a highway or road for which they are not the traffic authority is subject to obtaining the consent of the traffic authority.]

[F246(1A)Transport for London may not by virtue of subsection (1) above designate parking places on any highway which is not a GLA road.]

(2)An order under this section may designate a parking place for use (either at all times or at times specified in the order) only by such persons or vehicles, or such persons or vehicles of a class specified in the order, as may be authorised for the purpose by a permit from the authority operating the parking place [F247or both by such persons or vehicles or classes of persons or vehicles and also, with or without charge and subject to such conditions as to duration of parking or times at which parking is authorised, by such other persons or vehicles, or persons or vehicles of such other class, as may be specified]; and

(a)in the case of any particular parking place and any particular vehicle, or any vehicle of a particular class, the authority operating the parking place F248. . . may issue a permit for that vehicle to be left in the parking place while the permit remains in force, either at all times or at such times as may be specified in the permit, and

(b)except in the case of a public service vehicle, may make such charge in connection with the issue or use of the permit, of such amount and payable in such manner, as the authority by whom the designation order was made may by order prescribe.

(3)In determining what parking places are to be designated under this section the authority concerned shall consider both the interests of traffic and those of the owners and occupiers of adjoining property, and in particular the matters to which that authority shall have regard include—

(a)the need for maintaining the free movement of traffic;

(b)the need for maintaining reasonable access to premises; and

(c)the extent to which [F249off-street parking accommodation, whether in the open or under cover,]is available in the neighbourhood or the provision of such parking accommodation is likely to be encouraged there by the designation of parking places under this section.

(4)The exercise by an authority of functions under this section shall not render the authority subject to any liability in respect of the loss of or damage to any vehicle in a parking place or the contents or fittings of any such vehicle.

(5)Nothing in this section shall affect the operation of section 6 or 32 of this Act.

(6)Subject to Parts I to III of Schedule 9 to this Act, where it appears to the authority concerned to be expedient to do so having regard to any objections duly made in respect of proposals made by that authority for a designation order F250. . . they may, if they think fit, make an interim order pursuant to the proposals or application in respect of any one or more of the sites affected, or in respect of any part of any of those sites, and postpone for further consideration the making of any further order in pursuance of the proposals or application.

(7)In this section and in sections 46 to 55 of this Act, “local authority”—

(a)in England, means the council of a county [F251, metropolitan district] or London borough or the Common Council of the City of London [F252or Transport for London];

(b)in Wales, means the council of a county [F253 or a county borough]; and

(c)in Scotland, means the [F254 a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994],

and “the local authority”, in relation to a parking place or proposed parking place on any site, F255. . . means the local authority (as defined above) in whose area the site is F256. . .. [F257unless the site is in Greater London, in which case—

(i)if the site is on a GLA road and the parking place is, or is proposed to be, designated by Transport for London, “the local authority” means Transport for London;

(ii)if the site is on a GLA road and the parking place is, or is proposed to be, designated by the London local authority in whose area the site is, “the local authority” means that London local authority; and

(iii)if the site is on a highway which is not a GLA road, “the local authority” means the London local authority in whose area the site is.]

[F258(8)In this section “London local authority” means the council of a London borough or the Common Council of the City of London.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F244S. 45(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para.44(2); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2, and for England and Wales only by S.I. 1991/2288, art. 3, Sch.

F249Words in s. 45(3)(c) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 44(3); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2, and for England and Wales only by S.I. 1991/2288, art. 3, Sch.

F254Words in s. 45(7)(c) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 134(7); S.I. 1996/323, art. 4

F255Words in s. 45 repealed (1.4.1996) by virtue of S.I. 1994 c. 19, ss. 22(1), 66(8), Sch. 7 Pt. II para. 38(3)(b), Sch. 18 (with ss. 54(5)(7)), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F257S. 45(7): words and paras. (i)-(iii) in definition of local authority “the local authority" added (3.7.2000) by 1999 c. 29, s. 281(1)(5) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.

Modifications etc. (not altering text)

C139S. 45 restricted (S.) (4.1.1995) by 1994 c. 39, ss. 7(2), 44(2); S.I. 1994/2850, art. 2, Sch.

46 Charges at, and regulation of, designated parking places.E+W+S

(1)Subject to Parts I to III of Schedule 9 to this Act the authority by whom a designation order is made [F259with respect to any parking place outside Greater London ][F260, and not in a civil enforcement area for parking contraventions,] shall by order prescribe any charges to be paid for vehicles left in a parking place designated by the order; and any such charge may be prescribed either—

(a)as an amount (in this Act referred to as an “initial charge”) payable in respect of an initial period and an amount (in this Act referred to as an “excess charge”) payable, in addition to an initial charge, in respect of any excess over an initial period, or

(b)as an amount payable regardless of the period for which a vehicle is left.

[F261(1A)Subject to Parts I to III of Schedule 9 to this Act, where the authority by whom a designation order is made with respect to any parking place in Greater London [F262, or outside Greater London in a civil enforcement area for parking contraventions,] impose charges to be paid for vehicles left in a parking place designated by the order, those charges shall be prescribed by the designation order or by a separate order made by the authority.]

(2)The authority by whom a designation order is made may, subject to Parts I to III of Schedule 9 to this Act, by order make such provision as may appear to that authority to be necessary or expedient for regulating or restricting the use of any parking place designated by the order, or otherwise for or in connection with the operation of such a parking place, and in particular (but without prejudice to the generality of the foregoing words) provision—

(a)for regulating the time at which and the method by which any charge is to be paid and for requiring the use of apparatus (in this Act referred to as a “parking meter”) F263. . ., being apparatus designed either—

(i)to indicate whether any charge has been paid and whether the period for which it has been paid or any further period has elapsed, or

(ii)to indicate the time and to issue tickets indicating the payment of a charge and the period in respect of which it has been paid;

(b)for treating the indications given by a parking meter or any ticket issued by it, or the absence of any such ticket from a vehicle left in a parking place, as evidence (and, in Scotland, sufficient evidence) of such facts as may be provided by the order;

[F264(c)for prohibiting the insertion in a parking meter of coins or bank notes additional to those inserted by way of payment of any charge, or for prohibiting the insertion or re-insertion in a parking meter of a credit or debit card additional to the original insertion of such a card.]

(d)for enabling the local authority to determine, subject to any restrictions specified in the order, the number and dimensions of the spaces in which vehicles may be left in a parking place;

(e)for authorising the alteration of the position in a parking place, or the removal from a parking place, of vehicles in respect of which any order relating to the parking place has been contravened or not complied with and for the safe custody of vehicles so removed;

(f)for exempting from the payment of any charge any vehicle left in a parking place in such circumstances as may be specified in the order, and for treating any vehicle so exempted as having been left there, and the charge from which it is exempted as having been paid, at such time as may be so specified;

(g)for prohibiting or restricting the carrying on of trade or other activities, or the doing of any other thing, at a parking place;

(h)for conferring on the local authority powers of illuminating parking places, and of erecting notices or signs and carrying out work on or in the vicinity of a parking place;

(i)for regulating the grant, revocation and surrender of any permit such as is mentioned in section 45(2)(a) of this Act and the issue, use and surrender of tokens indicating the holding of such a permit, or the payment of any charge in connection with the issue or use of the permit;

(j)for requiring a vehicle to which such a permit applies to display the permit or such a token when left in a parking place to which the permit applies, and for treating the display of or failure to display the permit or such a token on any vehicle left at a parking place as evidence (and, in Scotland, sufficient evidence) of such facts as may be provided by the order;

(k)for the refund, in such circumstances and in such manner as may be prescribed by the order, of the amount of any charge paid in advance by virtue of section 45(2)(b) of this Act.

(3)Where provision is made for the use of parking meters it shall be the duty of the local authority to take such steps as appear to them to be appropriate for the periodical inspection of the meters and for dealing with any found to be out of order; for securing the testing of the meters, both before they are brought into force and afterwards; and for recording the date on which, and the person by whom, a meter has been tested.

(4)Where provision is made for the use of apparatus other than parking meters, subsection (3) above shall apply to such apparatus as it applies to a parking meter.

[F265(5)In this section and in section 47 below, “credit card” and “debit card” have the meanings given by section 35A(6) above.]

[F266(6)In this section “civil enforcement area for parking contraventions” has the same meaning as in Part 6 of the Traffic Management Act 2004.]

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Amendments (Textual)

F259Words in s. 46(1) inserted (5.7.1993, 4.10.1993, 6.12.1993, 31.1.1994, 5.4.1994 and 4.7.1994 respectively for specified London boroughs and otherwise prosp.) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 64(1) (with s. 79(1)); S.I. 1993/1461, art. 3(1)(a); S.I. 1993/2229, art. 3(a); S.I. 1993/2803, art. 2(a); S.I. 1993/3238, art. 2(a); S.I. 1994/81, art. 3(b); S.I. 1994/1482, art. 2(a), Sch.; S.I. 1994/1484, art. 2(a)

F260Words in s. 46(1) inserted (E.W.) (26.10.2006 for W. and 31.3.2008 for E.) by Traffic Management Act 2004 (c. 18), ss. 91, 99, Sch. 11 para. 1(2) (with s. 38); S.I. 2006/2826, art. 2(2)(c); S.I. 2007/2053, art. 3(1)(2)(g) (with arts. 1(2), 4-8) (as amended (17.3.2008) by S.I. 2008/757, arts. 3(c), 5)

F262Words in s. 46(1A) inserted (E.W.) (26.10.2006 for W. and 31.3.2008 for E.) by Traffic Management Act 2004 (c. 18), ss. 91, 99, Sch. 11 para. 1(3) (with s. 38); S.I. 2006/2826, art. 2(2)(c); S.I. 2007/2053, art. 3(1)(2)(g) (with arts. 1(2), 4-8) (as amended (17.3.2008) by S.I. 2008/757, arts. 3(c), 5)

F263Words in s. 46(2) repealed (13.9.1996) by S.I. 1996/1533, art. 2(1), Sch.

F266S. 46(6) added (E.W.) (26.10.2006 for W. and 31.3.2008 for E.) by Traffic Management Act 2004 (c. 18), ss. 91, 99, Sch. 11 para. 1(4) (with s. 38); S.I. 2006/2826, art. 2(2)(c); S.I. 2007/2053, art. 3(1)(2)(g) (with arts. 1(2), 4-8) (as amended (17.3.2008) by S.I. 2008/757, arts. 3(c), 5)

Modifications etc. (not altering text)

C142S. 46(2)(a): definition of "parking meter" applied (5.7.1993) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 70(3) (with s. 79(1)); S.I. 1993/1461, art. 2(d)

[F26746A Variation of charges at designated parking places.E+W+S

(1)Where, by virtue of section 46 of this Act, any charges have been prescribed by a designation order or by an order under that section, the authority making that order may vary those charges by notice given under this section.

(2)The variation of any such charges by notice is not to be taken to prejudice any power to vary those charges by order under section 46 of this Act.

(3)The Secretary of State may by regulations make provision as to the procedure to be followed by any local authority giving notice under this section.

(4)The regulations may, in particular, make provision with respect to—

(a)the publication, where an authority propose to give notice, of details of their proposal;

[F268(aa)consultation about their proposal;]

(b)the form and manner in which notice is to be given; and

(c)the publication of notices.

[F269(4A)Regulations under this section may make different provision for different purposes.]

(5)In giving any notice under this section a local authority shall comply with the regulations.]

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Amendments (Textual)

F267S. 46A inserted (5.7.1993 in relation to E.W. and otherwise 10.10.1997) by Road Traffic Act 1991 (c. 40, SIF 107:1), s.42; S.I. 1993/1461, art. 2(b); S.I. 1993/1686, art.2.; S.I. 1997/2260, art. 2

47 Offences relating to designated parking places.E+W+S

(1)A person who—

(a)being the driver of a vehicle, leaves the vehicle in a designated parking place otherwise than as authorised by or under an order relating to the parking place, or leaves the vehicle in a designated parking place for longer after the excess charge has been incurred than the time so authorised, or fails duly to pay any charge payable under section 45 of this Act, or contravenes or fails to comply with any provision of an order relating to the parking place as to the manner in which vehicles shall stand in, or be driven into or out of, the parking place, or

(b)whether being the driver of a vehicle or not, otherwise contravenes or fails to comply with any order relating to designated parking places,

shall, subject to section 48 of this Act, be guilty of an offence F270. . . .

(2)In relation to an offence under paragraph (a) of subsection (1) above of leaving a vehicle for longer after the excess charge has been incurred than the time authorised by an order relating to the parking place, or failing duly to pay any charge payable under section 45 of this Act, the reference in that paragraph to the driver of a vehicle shall be construed as a reference to the person driving the vehicle at the time when it was left in the parking place.

(3)A person who, with intent to defraud, interferes with a parking meter, or operates or attempts to operate a parking meter by the insertion of objects other than current coins [F271or bank notes of the appropriate denomination, or the appropriate credit or debit cards], shall be guilty of an offence.

(4)Where, in any proceedings in England or Wales for an offence under this section of failing to pay any charge, it is proved that the amount which has become due, or any part of that amount, has not been duly paid, the court shall order the payment of the sum not paid; and any sum ordered to be paid by virtue of this subsection shall be recoverable as a penalty.

F272(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Where in any proceedings for an offence under this section of failing to pay an excess charge it is not proved that the excess charge had become due, but it is proved that an initial charge has not been paid, the defendant may be convicted of an offence under this section of failing to pay an initial charge.

F273(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F272Words in s. 47(5) repealed (13.9.1996) by