Road Traffic Regulation Act 1984

Experimental traffic schemes E+W+S

9 Experimental traffic orders. E+W+S

(1) Subject to Parts I to III of Schedule 9 to this Act, for the purpose of carrying out an experimental scheme of traffic control, an order under this subsection (in this Act referred to as an “experimental traffic order ") may make the like provision—

(a) as respects any road outside Greater London, as may be made by a traffic regulation order, or

(b) as respects traffic on roads in Greater London, as may be made by an order under any of the following provisions of this Act, namely sections 6, 45, 46, 49, 83(2) and 84 and, accordingly, subject to the following provisions of this section and section 10 of this Act—

(i) the provisions of sections 1 to 4 of this Act (except section 1(2)) shall apply in relation to an experimental traffic order making provision as respects any road outside Greater London as they apply in relation to an order under that section; and

(ii) the provisions of sections 6 and 7 of this Act (except sections 6(2), 7(4), 7(5) and 7(6)) shall apply in relation to an experimental traffic order making provision as respects traffic on roads in Greater London as they apply in relation to an order under that section.

[F1 X1 (2) Subject to section 125 of this Act, the authority having power to make an experimental traffic order—

(a) as respects any roads outside Greater London, shall be the authority who would have power to make a traffic regulation order in relation to them under subsection (2) of section 1 of this Act or (where the experimental traffic order is made with the consent of the Secretary of State in relation to a length of trunk road) would have that power under subsections (2) and (3) of that section; and

(b) as respects any roads in Greater London, shall be the authority who would have power to make an order in relation to them under subsection (2) of section 6 of this Act.]

[F1 (2) The authority having power to make an experimental traffic order shall be the roads authority or (where the experimental traffic order is made with the consent of the Secretary of State in relation to a length of road for which he is the roads authority) the local roads authority which would, with his consent, have power to make a traffic regulation order under section 1(2) and (3) of this Act in relation to the length of road.]

(3) An experimental traffic order shall not continue in force for longer than 18 months.

(4) Subject to Parts I to III of Schedule 9 of this Act, where—

(a) an experimental traffic order has been made for a period of less than 18 months, and

(b) the order has not ceased to be in force,

the authority by whom the order was made may from time to time by order direct that it shall continue in force for a further period ending not later than 18 months after it first came into force.

(5) Where an experimental traffic order made by [F2 a London borough council or the Common Council of the City of London] has not ceased to be in force, and the Secretary of State is satisfied that—

(a) an order which [F2 the council] propose to make under any of the provisions of this Act specified in subsection (1)(b) above has the sole effect of reproducing and continuing in force indefinitely the provisions of the experimental traffic order (whether or not that order has been varied, or has been modified or suspended under section 10(2) of this Act), and

(b) in consequence of [F2 the council] causing a public inquiry to be held into the order so proposed to be made, they would be unable to make it so that it would come into operation before the experimental traffic order ceases to be in force,

the Secretary of State may, at the request of [F2 the council], from time to time direct that the experimental traffic order shall continue in force for a further period not exceeding 6 months from the date when it would otherwise cease to be in force.

(6) In this section and section 10 of this Act “road ”, in relation to Greater London, includes any street as defined by section 6(6) of this Act.

Editorial Information

X1 S. 9(2) commencing “The authority " substituted (S.) for s. 9(2) commencing “Subject to " by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 128(1), Sch. 9 para. 93(4)

Textual Amendments

F1 S. 9(2) commencing “The authority " substituted (S.) for s. 9(2) commencing “Subject to " by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 128(1), Sch. 9 para. 93(4)

F2 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(4)

Modifications etc. (not altering text)

C1 S. 9 restricted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1(2), 8(2), Sch. 5 para. 6(3)

C2 S. 9 restricted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8(2), Sch. 5 para. 12

10 Supplementary provisions as to experimental traffic orders. E+W+S

(1) An experimental traffic order—

(a) may provide for the suspension or modification, while the order is in force, of any provision previously made by or under any enactment, if it is a provision that could have been made by the order; and

(b) shall, to the extent that it is inconsistent with any provision subsequently made by or under any enactment, cease to have effect.

(2) An experimental traffic order may include provision whereby a specified officer, or some person authorised in that behalf by a specified officer, of the authority who made the order may, if it appears to that officer or person essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on [F3 the highway][F3 roads], or for preserving or improving the amenities of the area through which any road affected by the order runs, and after—

(a) consulting with the appropriate chief officer of police, and

(b) giving such public notice as the Secretary of State may direct,

make (subject to subsection (3) below) modifications of any description (other than additions) to the order or suspend the order or any provision of the order.

(3) The power to make modifications under subsection (2) above shall not include power to designate additional parking places on [F4 a highway][F4 roads] for which charges are made.

(4) No appeal shall lie to the Secretary of State from the [F5 commissioner for the Metropolitan Traffic Area under section 42 of the Transport Act 1985 in the case of a decision of the commissioner with respect to a London local service licence if and so far as he certifies] that the decision was necessary to secure conformity with an experimental traffic order prescribing—

(a) the routes to be followed, or roads which are not to be used, by vehicles affected by the decision, or

(b) the places in roads where such vehicles may or may not wait, or

(c) the stopping places for such vehicles.

(5) The Secretary of State may repay to [F6 a London borough council or the Common Council of the City of London] any expenses incurred by [F6 that council] in connection with any experimental traffic order made by them.

[F7 (6) The reference in subsection (4) above to the Metropolitan Traffic Area shall be construed as if it were contained in the Public Passenger Vehicles Act 1981.]

Textual Amendments

F3 Word “roads " substituted (S.) for words “the highway " by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 128(1), Sch. 9 para. 93(5)(a)

F4 Word “roads " substituted (S.) for words “a highway " by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 128(1), Sch. 9 para. 93(5)(b)

F5 Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 1(3), Sch. 1 para. 15(3)(a)

F6 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(5)

F7 S. 10(6) inserted by Transport Act 1985 (c. 67, SIF 126), s. 1(3), Sch. 1 para. 15(3)(b)

11 Contravention of experimental traffic order. E+W+S

Any person who acts in contravention of, or fails to comply with, an experimental traffic order shall be guilty of an offence.

12 Experimental traffic schemes in Greater London. E+W+S

(1) Where it appears to the commissioner of police expedient to do so for the purpose of carrying out within his area an experimental scheme of traffic control, he may, with the consent of [F8 the local authority], and after giving such notice as [F8 that authority] may direct, make regulations for regulating vehicular traffic in any manner specified in Schedule 2 to this Act.

(2) [F9 The local authority] shall not give their consent to any such scheme affecting a trunk road except with the agreement of the Secretary of State; and in the case of any particular scheme the Secretary of State, after consultation with [F9 that authority], may (subject to subsection (3) below) direct [F9 the authority] to consent to the scheme within a specified period or direct them to withhold their consent from it.

(3) The Secretary of State shall not give a direction under subsection (2) above unless he is satisfied, having regard to any matters appearing to him to be relevant, that [F10 the local authority’s] duty under section 122(1) of this Act is not being satisfactorily discharged by [F10 the authority] and that the giving of the direction is necessary to secure compliance with that duty.

(4) Any provision contained in regulations under this section may be made so as to apply—

(a) at all times or on specified days or during specified periods;

(b) either throughout the day or during any specified part of the day; and

(c) to vehicular traffic generally or to vehicular traffic of any class specified in the regulations;

and regulations under this section may make different provision for different classes of traffic.

(5) Regulations under this section may suspend or modify any order for the time being in force under section 6 of this Act.

(6) Regulations under this section shall not continue in force for a period longer than 6 months after they are made, together with such further period or periods (if any) not exceeding 12 months in all as, at any time before the regulations expire, [F11 the local authority] may direct.

(7) Without prejudice to the power of the commissioner of police to revoke any regulations under this section, any such regulations may be revoked by an order under section 6 of this Act.

(8) A document purporting to be a copy, certified by a person authorised by the commissioner of police, of regulations under this section shall be evidence of the contents of such regulations.

(9) This section shall apply within Greater London but not elsewhere.

[F12 (10) In this section—

• “the commissioner of police ”, in relation to the metropolitan police district, means the commissioner of police of the metropolis and, in relation to the City of London, means the commissioner of police for the City of London; and

• “local authority ” means the council of a London borough or the Common Council of the City of London.]

Textual Amendments

F8 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(6)(a)

F9 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(6)(b)

F10 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(6)(c)

F11 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(6)(d)

F12 S. 12(10) substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(6)(e)

13 Contravention of regulations under s. 12. E+W+S

Any person who contravenes, or fails to comply with, regulations under section 12 of this Act shall be guilty of an offence.