The A41 Trunk Road (Barnet) Red Route (Clearway) (No. 3) Traffic Order 1996

Statutory Instruments

1996 No. 818

ROAD TRAFFIC

The A41 Trunk Road (Barnet) Red Route (Clearway) (No. 3) Traffic Order 1996

Made

15th March 1996

Coming into force

19th March 1996

The Traffic Director for London, in accordance with a direction given to him by the Secretary of State for Transport under section 58(1) of the Road Traffic Act 1991(1) and in exercise of the powers conferred on the Secretary of State by section 6 of the Road Traffic Regulation Act 1984(2), and of all other enabling powers, hereby makes the following Order:—

Commencement and citation

1.  This Order may be cited as the A41 Trunk Road (Barnet) Red Route (Clearway) (No. 3) Traffic Order 1996, and shall come into force on 19th March 1996.

Interpretation

2.  In this Order—

(a) a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;

(b) “carriageway” has the same meaning as in section 329(1) of the Highways Act 1980(3);

(c) causing includes permitting;

(d) “disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986(4), and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;

(e) “the trunk road red route clearway” means the lengths of road specified in column (2) of the table in schedule 1;

(f) “vehicle” includes part of a vehicle; and

(g) an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.

General prohibition of stopping

3.—(1) Subject to the provisions of paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.

(2) Not taken up.

Exemptions for parking

4.  Not taken up.

Miscellaneous exemptions for parking

5.—(1) Not taken up.

(2) Not taken up.

(3) Not taken up.

(4) Not taken up.

Exemptions for loading and unloading

6.  Not taken up.

Exemptions for disabled persons

7.—(1) Not taken up.

(2) Not taken up.

(3) Not taken up.

Exemptions at bus stops and stands

8.—(1) The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.

(2) The controls specified in article 3(1) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.

(3) This article applies—

(a) before 1 January 1997 to

(i) a public service vehicle used for the provision of a local service or a scheduled express service,

(ii) a school bus, and

(iii) a works bus; and

(b) after 31 December 1996 to

(i) a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and

(ii) a local bus not so constructed or adapted.

(4) In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994(5).

Other exemptions

9.—(1) The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to stop if that person is—

(a) required by law to cause the vehicle to stop or not to proceed;

(b) obliged to stop the vehicle so as to avoid an accident;

(c) prevented from proceeding in the vehicle by circumstances beyond the person’s control;

(d) getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;

(e) opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;

(f) using the vehicle for fire brigade, ambulance or police purposes;

(g) using the vehicle in connection with the removal of any obstruction to traffic;

(h) using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;

(i) using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869(6) to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or

(j) using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.

(2) The controls specified in article 3(1) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.

(3) The controls specified in article 3(1) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.

Revocation or variation of existing Orders

10.—(1) Subject to paragraph (2) of this article, the Barnet (Waiting and Loading Restrictions) (Special Parking Areas) Order 1994 and the Barnet (Waiting and Loading Restrictions) (Priority Routes and Side Roads) Order 1994 are hereby suspended, in so far as their provisions relate to any part of the trunk road red route.

(2) The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Barnet (Waiting and Loading Restrictions) (Special Parking Areas) Order 1994 and the Barnet (Waiting and Loading Restrictions) (Priority Routes and Side Roads) Order 1994 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.

Signed in accordance with a direction from the Secretary of State for Transport.

Derek Turner

Traffic Director for London

15th March 1996

Articles 2 and 3(1)

SCHEDULE 1

The Trunk Road Red Route (Clearway).

Table

(1)	(2)
Item	Length of Road
1.	The A41 Hendon Way, including Brent Cross Flyover and mid level roundabout, from a point immediately above the centre of the carriageway of the A406 North Circular Road to a point opposite the common boundary of 50 and 52 Lyndale Avenue.
2.	The westernmost arm of Brentfield Gardens, which forms part of the slip road from Brent Cross mid level roundabout to the southbound carriageway of the A41 Hendon Way.
3.	The slip road from Brent Cross mid level roundabout to the southbound carriageway of the A41 Hendon Way, from a point 5 metres south-east of the south-eastern kerb-line of Highfield Avenue to its junction with the A41 Hendon Way.

Explanatory Note

(This note is not part of the Instrument)

1.  This Order is based on a comprehensive model Order produced by the Traffic Director for London to assist understanding of the regulations, and to assist future consolidation of Orders relating to priority routes.

2.  Articles used in the model Order but not required for the purposes of this Order have been marked in this Order as not taken up.

3.  A list of schedules used in the model Order and an indication of those schedules (and their respective articles) taken up in this Order are shown in the table below—

Table

Schedule Number	Article	Description	Taken up in this Order
Yes	No
1	2 and 3(1)	The Trunk Road Red Route	✓
2	3(2)	Areas not included in The Trunk Road Red Route		✓
3A	4 and 7(1)	Exemptions for parking and disabled persons' vehicles		✓
3B	7(2)	Exemptions for disabled persons' vehicles		✓
3C	5(1)	Exemptions for licensed taxi cabs		✓
3D	5(2)	Exemptions for coaches		✓
3E	5(3)	Exemptions for doctors' vehicles		✓
3F	5(4)	Exemptions for solo motor bicycles		✓
4A	6 and 7(3)	Exemptions for loading and disabled persons' vehicles		✓
4B	6	Exemptions for loading		✓

TRO076

(1)

1991 c. 40.

(2)

1984 c. 27.

(3)

1980 c. 66.

(4)

S.I. 1986/178 as amended by S.I. 1991/2709.

(5)

S.I. 1994/1519.

(6)

1869 c. 115.