C16 Part I General Provisions for Traffic Regulation
Outside Greater London
C1C2C3C4C5C6C18C191 Traffic regulation orders outside Greater London.
1
F1The traffic authority for a road outside Greater London may make an order under this section (referred to in this Act as a “traffic regulation order”) in respect of the road where it appears to the authority making the order that it is expedient to make it—
a
for avoiding danger to persons or other traffic using the road or any other road or for preventing the likelihood of any such danger arising, or
b
for preventing damage to the road or to any building on or near the road, or
c
for facilitating the passage on the road or any other road of any class of traffic (including pedestrians), or
d
for preventing the use of the road by vehicular traffic of a kind which, or its use by vehicular traffic in a manner which, is unsuitable having regard to the existing character of the road or adjoining property, or
e
(without prejudice to the generality of paragraph (d) above) for preserving the character of the road in a case where it is specially suitable for use by persons on horseback or on foot, or
f
for preserving or improving the amenities of the area through which the road runs F2or
g
for any of the purposes specified in paragraphs (a) to (c) of subsection (1) of section 87 of the Environment Act 1995 (air quality).
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A traffic regulation order made by a local traffic authority may, with the consent of the Secretary of StateF20 , a strategic highways company F5or, as the case may be, the Scottish Ministers, extend to a road in relation to which he isF21, it isF6or they are 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.
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A local traffic authority may make a traffic regulation order in respect of a road in relation to which the Secretary of StateF19, a strategic highways company or the National Assembly for Wales is the traffic authority if—
a
b
the Secretary of State or, the National Assembly for Wales, consents.
F93A
A local traffic authority may make a traffic regulation order in respect of a road in relation to which the Secretary of State is or, as the case may be, the Scottish Ministers are the traffic authority if—
a
the order is required for the provision of facilities pursuant to a quality partnership scheme under Part 2 of the Transport (Scotland) Act 2001 (asp 2); and
b
the consent of the Secretary of State F22the strategic highways company or, as the case may be, the Scottish Ministers is obtained.
F183B
In subsection (3A) “ relevant bus scheme facilities ” means—
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facilities provided pursuant to an advanced quality partnership scheme under Part 2 of the Transport Act 2000;
a
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facilities provided in connection with a franchising scheme under that Part (see section 123A(3)(d) of that Act);
b
facilities provided pursuant to a quality contract within the meaning of that Part (see section 124(4) and (5) of that Act) or otherwise in connection with a quality contracts scheme under that Part.
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facilities provided pursuant to an enhanced partnership scheme under that Part.
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In subsection (3A) “relevant bus scheme measures” means—
a
measures taken pursuant to an advanced quality partnership scheme under Part 2 of the Transport Act 2000;
b
measures taken pursuant to an enhanced partnership scheme under that Part.
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C7C8C172 What a traffic regulation order may provide.
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F11A traffic regulation order may make any provision prohibiting, restricting or regulating the use of a road, or of any part of the width of a road, by vehicular traffic, or by vehicular traffic of any class specified in the order,—
a
either generally or subject to such exceptions as may be specified in the order or determined in a manner provided for by it, and
b
subject to such exceptions as may be so specified or determined, either at all times or at times, on days or during periods so specified.
2
F12The provision that may be made by a traffic regulation order includes any provision—
a
requiring vehicular traffic, or vehicular traffic of any class specified in the order, to proceed in a specified direction or prohibiting its so proceeding;
b
specifying the part of the carriageway to be used by such traffic proceeding in a specified direction;
c
prohibiting or restricting the waiting of vehicles or the loading and unloading of vehicles;
d
prohibiting the use of roads by through traffic; or
e
prohibiting or restricting overtaking.
3
The provision that may be made by a traffic regulation order also includes provision prohibiting, restricting or regulating the use of a road, or of any part of the width of a road, by, or by any specified class of, pedestrians—
a
either generally or subject to exceptions specified in the order, and
b
either at all times or at times, on days or during periods so specified.
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F13A local traffic authority may include in a traffic regulation order any such provision—
a
specifying through routes for heavy commercial vehicles, or
b
prohibiting or restricting the use of heavy commercial vehicles (except in such cases, if any, as may be specified in the order) in such zones or on such roads as may be so specified,
as they consider expedient for preserving or improving the amenities of their area or of some part or parts of their area.
5
Nothing in subsection (4) above shall be construed as limiting the scope of any power or duty to control vehicles conferred or imposed on any local authorityF23, a strategic highways company or the Secretary of State otherwise than by virtue of that subsection.
C9C103 Restrictions on traffic regulation orders.
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F14. . . a traffic regulation order shall not be made with respect to any road which would have the effect—
a
of preventing at any time access for pedestrians, or
b
of preventing for more than 8 hours in any period of 24 hours access for vehicles of any class,
to any premises situated on or adjacent to the road, or to any other premises accessible for pedestrians, or (as the case may be) for vehicles of that class, from, and only from, the road.
2
Subsection (1) above, so far as it relates to vehicles, shall not have effect in so far as the authority making the order are satisfied, and it is stated in the order that they are satisfied, that—
a
for avoiding danger to persons or other traffic using the road to which the order relates or any other road, or
b
for preventing the likelihood of any such danger arising, or
c
for preventing damage to the road or buildings on or near it, or
d
for facilitating the passage of vehicular traffic on the road, or
e
for preserving or improving the amentities of an area by prohibiting or restricting the use on a road or roads in that area of heavy commercial vehicles,
it is requisite that subsection (1) above should not apply to the order.
3
Provision for regulating the speed of vehicles on roads shall not be made by a traffic regulation order.
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C12C134 Provisions supplementary to ss. 2 and 3.
1
A traffic regulation order 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 64 of this Act) and for the time being lawfully in place; and for the purposes of any such order so made any such traffic sign placed on and near a road shall be deemed to be lawfully in place unless the contrary is proved.
2
A traffic regulation order which imposes any restriction on the use by vehicles of a road, or the waiting of vehicles in a road, may include provision with respect to the issue and display of certificates or other means of identification of vehicles which are excepted from the restriction, whether generally or in particular circumstances or at particular times.
3
A traffic regulation order may also include provision with respect to the issue, display and operation of devices F16. . . for indicating the time at which a vehicle arrived at, and the time at which it ought to leave, any place in a road in which waiting is restricted by the order, or one or other of those times, and for treating the indications given by any such device as evidence of such facts and for such purposes as may be prescribed by the order.
C14C155 Contravention of traffic regulation order.
1
A person who contravenes a traffic regulation order, or who uses a vehicle, or causes or permits a vehicle to be used in contravention of a traffic regulation order, shall be guilty of an offence.
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Pt. 1 applied (with modifications) (S.) (19.4.2007) by Edinburgh Airport Rail Link Act 2007 (asp. 16), s. 38 (with ss. 52, 60)