Exemption orders: traffic signs – section 53
351.Where an exemption order is made under section 51(1), the traffic authority for the footway to which the order relates must place (or secure the placement of) traffic signs in connection with the exemption order and it must maintain (or secure the maintenance of) those signs (see subsections (1) and (2)).
352.Under subsection (3), if the traffic authority is not the local authority that made the exemption order (which would be the case in relation to a trunk road or a special road mentioned in paragraph (b) of the definition of “roads authority” in section 151(1) of the Roads (Scotland) Act 1984), the traffic authority may enter into arrangements with the local authority under which the local authority places (or secures the placement of) traffic signs in connection with the exemption order and maintains (or secures the maintenance of) those signs. Alternatively, the traffic authority could retain the duty to place and maintain the traffic signs but enter into an arrangement with the local authority that made the exemption order for that local authority to assist the traffic authority in relation to the placing and maintenance of traffic signs in connection with the exemption order. This assistance could include the local authority making a financial contribution to the cost of placing (and maintaining) the traffic signs.
353.If the traffic authority enters into an arrangement mentioned in subsection (3)(a) with a local authority, the local authority is obliged to comply with any directions given in connection with the placing of traffic signs under section 65(1) of the Road Traffic Regulation Act 1984 (the “RTRA”).
354.“Traffic signs” is defined in this section as having the meaning given by section 64(1) of the RTRA, meaning that the Scottish Ministers have the power by regulations made under section 64(1)(a) of that Act to specify, or to otherwise authorise, the type of traffic signs that must be placed and maintained under that section in connection with exemption orders.
