Modifications etc. (not altering text)
C1Pt. 1 applied (with modifications) (S.) (19.4.2007) by Edinburgh Airport Rail Link Act 2007 (asp. 16), s. 38 (with ss. 52, 60)
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, [F2or 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 [F4or a strategic highways company], extend to a road in relation to which he [F5or it] 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 [F6or a strategic highways company] is the traffic authority, the power to make an order under this section is also exercisable, with his [F7or its] 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 [F8a 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 [F8the 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 [F8the 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 [F8the 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.
F9[(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
F1S. 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.
F2Words 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.
F3S. 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.
F4Words in s. 9(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 74(2)(a); S.I. 2015/481, reg. 2(a)
F5Words in s. 9(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 74(2)(b); S.I. 2015/481, reg. 2(a)
F6Words in s. 9(2A) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 74(3)(a); S.I. 2015/481, reg. 2(a)
F7Words in s. 9(2A) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 74(3)(b); S.I. 2015/481, reg. 2(a)
F8Words 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)
F9S. 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)
C2S. 9 restricted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1(2), 8(2), Sch. 5 para. 6(3)
C3S. 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
C4S. 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).
C5S. 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
(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.
[F10(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.]
[F11(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 [F12commissioner 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 [F13a London borough council or the Common Council of the City of London] any expenses incurred by [F13that council] in connection with any experimental traffic order made by them.
[F14(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
F10S. 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.
F11S. 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.
F12Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 1(3), Sch. 1 para. 15(3)(a)
F13Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(5)
F14S. 10(6) inserted by Transport Act 1985 (c. 67, SIF 126), s. 1(3), Sch. 1 para. 15(3)(b)
[F15(1)]Any person who acts in contravention of, or fails to comply with, an experimental traffic order shall be guilty of an offence.
(2)F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F15S. 11 renumbered as s. 11(1) (5.7.1993, 4.10.1993, 6.12.1993, 31.1.1994, 5.4.1994 and 4.7.1994 respectively for specified London boroughs and otherwise prosp.) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 65(3) (with s. 79(1)); S.I. 1993/1461, art. 3(1)(b); S.I. 1993/2229, art. 3(b); S.I. 1993/2803, art. 2(b); S.I. 1993/3238, art. 2(b); S.I. 1994/81, art. 3(b); S.I. 1994/1482, art. 2(a), Sch.; S.I. 1994/1484, art. 2(a)
F16S. 11(2) repealed (E.W.) (31.3.2008) by Traffic Management Act 2004 (c. 18), ss. 98, 99, Sch. 12 Pt. 1 (with s. 38); S.I. 2007/2053, art. 3(1)(2)(h)(i) (with arts. 1(2), 4-8) (as amended (17.3.2008) by S.I. 2008/757, arts. 3, 4(2)(a), 5); S.I. 2007/3174, art. 2, Sch.
Modifications etc. (not altering text)
C6S. 11 excluded (temp. from 1.10.1991 for E.W. and from 16.6.1997 for S.) 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.I. 1997/1580, art. 2
S. 11 excluded (temp. from 1.10.1991 for E.W. and otherwise prosp.) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 43, 84(1), Sch. 3 para. 2(4)(b); S.I. 1991/2054, art. 3, Sch.
C7S. 11 applied (with modifications) by London Local Authorities and Transport for London Act 2003 (c. iii), s. 7(3)
Textual Amendments
F17S. 12 repealed (subject to saving in s. 294(2)-(8) of the repealing Act) (3.7.2000) by 1999 c. 29, ss. 294(1)(a), 423, Sch. 34 Pt. VI (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.
Textual Amendments
F18S. 13 repealed (subject to saving in s. 294(2)-(8) of the repealing Act) (3.7.2000) by 1999 c. 29, ss. 294(1)(a), 423, Sch. 34 Pt. VI (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.