Road Traffic Regulation Act 1984

Experimental traffic schemes E+W+S

9 Experimental traffic orders. E+W+S

[F1 (1) The traffic authority for a road may, for the purposes of carrying out an experimental scheme of traffic control, make an order under this section (referred to in this Act as an “experimental traffic order ”) making any such provision—

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

(b) as respects a road in Greater London, as may be made by an order under section 6, 45, 46, 49, [F2 or 83(2) or by virtue of section 84(1)(a)]] of this Act.

[F3 (2) An experimental traffic order made by a local traffic authority outside Greater London may, with the consent of the Secretary of State, extend to a road in relation to which he is the traffic authority if the order forms part of a scheme of general traffic control relating to roads of which at least one has a junction with the length of road in question.

(2A) In the case of a road in Greater London for which the Secretary of State is the traffic authority, the power to make an order under this section is also exercisable, with his consent, by the local traffic authority.]

(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 [F4 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 [F4 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 [F4 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 [F4 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.

[F5 (5A) So much of section 4(1) or 7(1) of this Act as provides for a presumption that a traffic sign is lawfully placed shall apply for the purposes of an order under this section making any such provision as is referred to in that subsection.]

(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.

Textual Amendments

F1 S. 9(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 23(2); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch.2 and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

F2 Words in s. 9(1)(b) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4, para. 24; S.I. 1992/1286, art. 2,Sch.

F3 S. 9(2)(2A) substituted (1.11.1991) for s. 9(2) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 23(3); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2 and for England and Wales only by S.I. 1991/2288, art. 3, Sch.

F4 Words in s. 9(5) substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(4)

F5 S. 9(5A) inserted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 23(4); which insertion is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2 and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

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

S. 9 restricted (4.1.1995) by 1994 c. 39, ss. 7(2), 44(2); S.I. 1994/2850, art. 3(a), Sch. 2

C3 S. 9 modified (1.7.1992) by S.I. 1992/1217, reg. 3(1)(c) (with reg. 11)

S. 9 modified (1.7.1992) by S.I. 1992/1217, reg.5 (with reg. 11).

C4 S. 9: power to make orders extended (S.) (1.4.2002) by The Forth Estuary Transport Authority Order 2002 (S.S.I. 2002/178), art. 9

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.

[F6 (2) An experimental traffic order may include provision empowering a specified officer of the authority who made the order, or a person authorised by such a specified officer, to modify or suspend the operation of the order or any provision of it if it appears to him essential—

(a) in the interests of the expeditious, convenient and safe movement of traffic,

(b) in the interests of providing suitable and adequate on-street parking facilities, or

(c) for preserving or improving the amenities of the area through which any road affected by the order runs.

The power conferred by such a provision shall be exercised only after consulting the appropriate chief officer of police and giving such public notice as the Secretary of State may direct.]

[F7 (3) Any such power to modify an experimental traffic order as is mentioned in subsection (2) above does not extend to making additions to the order or to designating additional on-street parking places for which charges are made; but subject to that the modifications may be of any description.]

(4) No appeal shall lie to the Secretary of State from the [F8 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 [F9 a London borough council or the Common Council of the City of London] any expenses incurred by [F9 that council] in connection with any experimental traffic order made by them.

[F10 (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

F6 S. 10(2) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) s. 168(1), Sch. 8 para. 24(2); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2. and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

F7 S. 10(3) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) s. 168(1), Sch. 8 para. 24(3); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch.2. and for England and Wales only by S.I. 1991/2288, art. 3, Sch.

F8 Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 1(3), Sch. 1 para. 15(3)(a)

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

F10 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.

Modifications etc. (not altering text)

C5 S. 11 excluded (temp.) (1.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 76(3)(b) (with s. 79(1)); S.I. 1991/2054, art. 3, Sch.

S. 11 excluded (temp.) (prosp.) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 43, 84(1), Sch. 3 para. 2(4)(b)(with s. 79(1)); which exclusion is in force for England and Wales only on 1.10.1991 by S.I. 1991/2054, art. 3, Sch.

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 [F11 the local authority], and after giving such notice as [F11 that authority] may direct, make regulations for regulating vehicular traffic in any manner specified in Schedule 2 to this Act.

[F12 (1A) The local authority shall not give their consent to any such scheme affecting a road for which the Secretary of State is the traffic authority except with his agreement.

(2) The Secretary of State may in the case of any scheme, after consultation with the local authority, direct them to consent to the scheme within a specified period or to withhold their consent.]

(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 [F13 the local authority’s] duty under section 122(1) of this Act is not being satisfactorily discharged by [F13 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, [F14 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.

[F15 (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

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

F12 S. 12(1A)(2) substituted (1.11.1991) for s. 12(2) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) s. 168(1), Sch. 8 para.25; which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2. and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

F13 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(6)(c)

F14 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(6)(d)

F15 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.