Road Traffic Act 1960

Traffic Regulation outside London Traffic Area

26 Traffic regulation orders outside London Traffic Area

(1) The authority hereinafter specified may make an order (in this and the three next following sections referred to as a " traffic regulation order ") as respects any road outside the London Traffic Area where it appears to the authority making the order that it is expedient so to do—

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

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

(c) for facilitating the passage of vehicular traffic on the road or any other road, or

(d) for preventing the use of the road by vehicular traffic of a kind which, or the use thereof by such 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 the last foregoing paragraph, for preserving the character of the road in a case where it is specially suitable for use by persons on horseback or on foot.

(2) The authority having power to make traffic regulation orders—

(a) as respects roads not being trunk roads, shall be the local authority, that is to say, in England or Wales, the council of a county or county borough or of any other borough having a population of over twenty thousand according to the last census for the time being or of an urban district having such a population, and in Scotland a county council or a town council,

(b) as respects trunk roads, shall be the appropriate Minister;

and the appropriate Minister, on application in that behalf being made to him by the governing body of a university in the receipt of a grant from public moneys, and after holding if he thinks fit a public inquiry, shall have power to make a traffic regulation order as respects a road not being a trunk road.

The powers conferred by this subsection on the appropriate Minister shall be exercisable by statutory instrument.

(3) The provision which may be made by a traffic regulation order shall be any provision prohibiting, restricting or regulating the use of a road or any part of the width thereof by vehicular traffic or by such traffic of any class or description specified in the order, either generally or subject to exceptions so specified, and either at all times or at times, on days or during periods so specified, and, without prejudice to the generality of this subsection, any provision—

(a) requiring such traffic 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,

(e) prohibiting or restricting overtaking,

(f) regulating the speed of vehicles;

but no prohibition or restriction on waiting imposed under this section shall apply to a stage carriage or express carriage.

(4) Subject to the next following subsection, no order shall be made under this section with respect to any road which would have the effect of preventing such access as may be reasonably required for vehicles of any class or description to any premises situated on or adjacent to the road, or any other premises accessible for vehicles of that class or description from, and only from, the road ; but for the purposes of this prohibition a restriction on the loading or unloading of goods shall in no circumstances be treated as preventing such access as may be reasonably required if the restriction does not prevent loading or unloading for more than six hours in all in any consecutive period of twenty-four hours.

(5) The last foregoing subsection shall not have effect in relation to an order made by the appropriate Minister or confirmed by him in pursuance of the next following section in so far as the authority making the order is satisfied that, for avoiding danger to persons or other traffic using the road to which the order relates or any other road, or for preventing damage to the road or buildings on or near it, it is requisite that that subsection should not apply, and it is stated in the order that the said authority is satisfied as aforesaid.

(6) This section shall not apply in relation to any part of a special road on or after such date as may be declared by a notice published by the highway authority, in manner prescribed for the publication of notices under subsection (5) of section twenty of this Act, to be the date on which it is open for use as a special road.

(7) A person who uses a vehicle, or causes or permits a vehicle to be used, in contravention of a traffic regulation order shall be liable on summary conviction to a fine not exceeding twenty pounds, or in the case of a second or subsequent conviction to a fine not exceeding fifty pounds.

27 Confirmation, revocation and variation of local authorities' traffic regulation orders

(1) Save as provided by subsection (4) of this section, a traffic regulation order made by a local authority shall not have effect unless confirmed by the appropriate Minister.

(2) The appropriate Minister, if he confirms any such order as aforesaid, may confirm it either without modification or subject to such modifications as he thinks fit, but he shall not confirm an order until twenty-eight days at least have elapsed since the making of the order and, before confirming it, shall consider any objections which may have been made to him against the order and, if he thinks fit, may cause a public inquiry to be held.

(3) Any such order as aforesaid may be revoked, varied or amended by order of the local authority, subject to the like confirmation, given subject to the like provisions, as the first-mentioned order, or may be revoked, varied or amended by order made, by statutory instrument, by the appropriate Minister, after giving notice to the local authority and holding, if he thinks fit, a public inquiry.

(4) An order made by a local authority containing no provision other than provision—

(a) requiring traffic to proceed in a specified direction or prohibiting its so proceeding,

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

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

(d) prohibiting or restricting the use of footpaths or bridleways by bicycles and tricycles, or

(e) revoking or varying any such requirement, prohibition or restriction,

shall not require confirmation; but where the appropriate Minister revokes, varies or amends any such order as aforesaid, an order imposing or varying, as respects the same length of road, any such requirement, prohibition or restriction as aforesaid, being an order made within twelve months after the revocation, variation or amendment by the appropriate Minister, shall be subject to confirmation by him to the like extent as if this subsection had not been passed.

28 Provisions as to Ministers' traffic regulation orders

(1) A traffic regulation order made by the appropriate Minister may be revoked, varied or amended by order made by him by statutory instrument.

(2) Before making, revoking, varying or amending a traffic regulation order as respects a trunk road, the appropriate Minister shall give notice to the local authority (as denned in subsection (2) of section twenty-six of this Act) and shall, if he thinks fit, hold a public inquiry; and before revoking, varying or amending a traffic regulation order made upon the application of the governing body of a university, he shall give notice to that body and, if he thinks fit, hold a public inquiry.

29 Provisions supplementary to sections 26 to 28

(1) The appropriate Minister may make regulations for prescribing the procedure to be followed in connection with the making by local authorities of .orders under sections twenty-six and twenty-seven of this Act, the confirmation of orders so made where confirmation is required, and the holding of inquiries for the purposes of any of the three last foregoing sections.

(2) Where a traffic regulation order is made by a local authority, or having been so made is revoked, varied or amended (whether by an order made by them or one made by the appropriate Minister), the local authority shall publish, in such manner as may be prescribed by regulations made by the appropriate Minister, notice of the making and effect of the order.

Regulations under this subsection may be made so as to apply either generally or in such circumstances only as may be specified in the regulations.