Transport Act 1968

126 Amendment of provisions as to regulation of traffic

(1) In the [1967 c. 76.] Road Traffic Regulation Act 1967 (hereafter in this Part of this Act referred to as "the principal Act"), in section 1(1) (which specifies the purposes for which a traffic regulation order may be made as respects any road outside Greater London)—

(a) in paragraph (a) (which enables such an order to be made for avoiding danger to persons or other traffic using the road or any other road) after the words " other road " there shall be inserted the words " or for preventing the likelihood of any such danger arising ";

(b) for paragraph (c) (which enables such an order to be made for facilitating the passage of vehicular traffic on the road or any other road) there shall be substituted the following:—

“(c) for facilitating the passage on the road or any other road of any class of traffic (including foot passengers) or of vehicles, or”;

(c) at the end of paragraph (e) there shall be added the words “or

(f) for preserving or improving the amenities of the area through which the road runs”.

(2) After subsection (3) of the said section 1 there shall be inserted the following subsection:—

“(3A) The provision which may be made by a traffic regulation order shall include any provision prohibiting, restricting or regulating the use of a road or any part of the width thereof by, or by any specified class of, foot passengers, either generally or subject to exceptions specified in the order, and either at all times or at times, on days or during period's so specified”;

and in subsection (8) of the said section 1 (which imposes penalties on a person who uses a vehicle, or causes or permits a vehicle to be used, in contravention of such an order) after the word " person" there shall be inserted the words " who contravenes a traffic regulation order or ".

(3) In the said section 1, after the subsection (3A) inserted by subsection (2) of this section there shall be inserted the subsections set out in Part I of Schedule 14 to this Act, being subsections making with respect to an order under the said section 1 relating to an area outside Greater London the like provision as is made with respect to an order under section 6 of the principal Act relating to Greater London by subsections (4) to (6) of the said section 6 as amended by subsection (7) of this section.

(4) In subsection (5) of the said section 1 (which prohibits the making of an order under that 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 to any premises situated on, adjacent to, or accessible for vehicles of that class from, and only from, that road)—

(a) for the words "preventing such access as may be reasonably required for vehicles of any class " there shall be substituted the words " preventing at any time access for foot passengers, or preventing for more than eight hours in any period of twenty-four hours access for vehicles of any class ";

(b) for the words " vehicles of that class " there shall be substituted the words " traffic of that class ";

(c) the words from " but" onwards (which provide that a restriction on the loading or unloading of goods shall not be treated as preventing access) shall cease to have effect.

(5) In subsection (6) of the said section 1 (which provides that subsection (5) of that section shall not have effect 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 should not apply)—

(a) after the words " subsection (5) above " there shall be inserted the words " so far as it relates to vehicles ";

(b) after the words "other road" there shall be inserted the words " or for preventing the likelihood of any such danger arising ";

(c) after the words " near it" there shall be inserted the words " or for facilitating the passage of vehicular traffic on the road ".

(6) In subsection (1) of section 6 of the principal Act (which relates to the purposes for which a traffic regulation order may be made as respects Greater London) after the word " Act" there shall be inserted the words " and for any other purpose which is a purpose mentioned in any of paragraphs (a) to (f) of section 1(1) of this Act ".

(7) In subsection (4) of the said section 6 (which provides that an order under that section may be so made as to prescribe any part of any street specified therein, or any time at which or period during which any provision contained therein is to apply, by reference to any traffic sign mentioned in the order)—

(a) for the words from " may " to " the order " there shall be substituted the words " 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 54 of this Act) ";

(b) for the words "for the time being placed by the Minister or the Greater London Council" (which relates to the placing of any such traffic sign) there shall be substituted the words " for the time being lawfully in place ";

(c) for the words "deemed to have been placed by the Minister or that Council" (which relate to the proof of the placing of any such traffic sign) there shall be substituted the words " deemed to be lawfully in place ";

and for the avoidance of doubt it is hereby declared that the said subsection (4) shall be deemed always to have had the like effect as if it had been enacted with the substitution provided for by paragraph (a) of this subsection.

(8) In section 9(3) of the principal Act—

(a) in paragraph (a) (which provides that an experimental traffic order made by a local authority shall not continue in force for longer than three months) for the word "three" there shall be substituted the word " six ";

(b) for the words from " but" onwards (which enable the appropriate Minister to direct that such an experimental traffic order shall continue in force for a further period ending not later than eighteen months after the order came into force) there shall be substituted the words " but, subject to sections 84A, 84B and 84C of this Act, where an experimental traffic order made by a local authority has not ceased to be in force, the authority may from time to time by order under this subsection direct that it shall continue in force for a further period not exceeding six months from the date when it would otherwise cease to be in force and ending not later than eighteen months after it first came into force ".

(9) In section 12 of the principal Act (which enables a highway authority to impose a temporary prohibition or restriction on the use of a road by vehicles or by vehicles of any class in certain circumstances)—

(a) in subsections (1) and (2), after the words " vehicles of any class " there shall in each case be inserted the words " or by foot passengers ";

(b) in subsection (1) (which enables such a prohibition or restriction to be imposed by reason of any works being executed or proposed to be executed on or near the road) after the words " near the road " there shall be inserted the words " or by reason of the likelihood of danger to the public or of serious damage to the highway ";

(c) in subsection (3), after the words " section 1(3) ", and in subsection (4) after the words "section 1(3)(a), (b) or (c)", there shall in each case be inserted the words " or (3a) ";

(d) at the end of subsection (3) there shall be added the words " 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 foot passengers to any premises situated on or adjacent to the road, or any other premises accessible for foot passengers from, and only from, the road ";

(e) in subsection (9) (which imposes penalties on a person who uses or permits the use of a vehicle in contravention of such a prohibition or restriction) after the word " person" there shall be inserted the words " who contravenes or ";

and in Schedule 3 to the principal Act (which relates to the notification of the exercise or proposed exercise of the powers conferred by the said section 12 and otherwise in relation thereto), in paragraph 2, after the word " vehicles " there shall be inserted the words " or, as the case may be, foot passengers ".

(10) With a view to facilitating the amendments to the principal Act made by the subsequent provisions of this Part of this Act—

(a) at the end of section 26 of the principal Act there shall be added the following subsection:—

“(10) Without prejudice to section 26A of this Act, this section shall not apply to Greater London”;

(b) after the said section 26 there shall be inserted the section 26A set out in Part II of Schedule 14 to this Act, being a section setting out the effect of the provisions of the said section 26 as they applied in Greater London immediately before the passing of this Act with minor modifications necessary in consequence of other provisions of this Part of this Act.

(11) In section 77 of the principal Act (which relates to temporary speed limits)—

(a) in subsection (1) (which provides that a speed limit may be imposed by an order under that subsection for a period not exceeding four months), for the words " four months " there shall be substituted the words " eighteen months ";

(b) subsection (4) (which provides that where any provisions of an order under the said subsection (1) having effect as respects any road cease at any time to have effect as respects that road, no order under the said subsection (1) shall make provision which would have effect as respects that road earlier than two months after that time) shall cease to have effect.

(12) In subsection (2) of section 97 of the principal Act (which sets out the provisions of that Act which, subject to the provisions of that section, are to apply to vehicles and persons in the public service of the Crown) at the end there shall be added the words " and, except in relation to vehicles and persons in the armed forces of the Crown when on duty, section 6 " ; and any order made, or having effect as if made, under section 6 of that Act and in force at the commencement of this subsection shall apply accordingly.