Road Traffic Act 1960

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.