Road Traffic Regulation Act 1984

Part II E+W+S Traffic Regulation in Special Cases

14 Temporary prohibition or restriction of traffic on roads. E+W

(1) If a highway authority is satisfied that traffic on a road should be restricted or prohibited, by reason that works are being or are proposed to be executed on or near the road, or by reason of the likelihood of danger to the public or of serious damage to the highway , the authority, subject to the following provisions of this section and to sections 15 and 16 of this Act, may by order restrict or prohibit the use of that road, or of any part of it, by vehicles, or by vehicles of any class, or by pedestrians, to such extent and subject to such conditions or exceptions as they may consider necessary.

(2) A highway authority, when considering the question of the making of an order under subsection (1) above, shall have regard to the existence of alternative routes suitable for the traffic which will be affected by the order.

(3) Subject to the following provisions of this section and to sections 15 and 16 of this Act, a highway authority may at any time by notice restrict or prohibit temporarily the use of a road, or of any part of a road, by vehicles, or by vehicles of any class, or by pedestrians, where, owing to the likelihood of danger to the public or of serious damage to the highway , it appears to them necessary that such a restriction or prohibition should come into force without delay.

[F1 (3A) Subject to the following provisions of this section and to sections 15 and 16 of this Act, a highway or roads authority may also make an order under subsection (1) or issue a notice under subsection (3) above where the authority is satisfied or (as the case may be) where it appears to the authority that traffic on the highway or road should be restricted or prohibited for the purpose of enabling the duty imposed by subsection (1)(a) or (2) of section 89 of the Environmental Protection Act 1990 (litter clearing and cleaning) to be discharged.]

(4) The provision that may be made by an order under subsection (1) or a notice under subsection (3) above is—

(a) any such provision as is mentioned in any of subsections (1) to (3) of section 2 of this Act, or

(b) any provision restricting the speed of vehicles;

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 pedestrians to any premises situated on or adjacent to the road, or to any other premises accessible for pedestrians from, and only from, the road.

(5) Subject to the following provisions of this section and to sections 15 and 16 of this Act, where any such order or notice is made or issued by a highway authority (in this subsection referred to as “the initiating authority”), any such provision as is described in any of paragraphs (a) to (c) of section 2(2) or in section 2(3) of this Act may as respects any alternative road—

(a) be made by order made by the initiating authority, where that authority is the highway authority for the alternative road;

(b) where that authority is not the highway authority for the alternative road, and the alternative road is not a trunk road, be made by order made by the initiating authority with the consent of the highway authority for the alternative road;

(c) where the initiating authority is not the highway authority for the alternative road, and that road is a trunk road, be made by order made by the Secretary of State on the application of the initiating authority.

(6) Subsections (1) and (2) of section 3 of this Act shall apply to an order under subsection (5) above as they apply to a traffic regulation order.

(7) An order made or notice issued under this section may suspend any statutory provision of a description which could have been contained in the order or notice, or, in the case of an order under subsection (5) above, any statutory provision prohibiting the use of roads by through traffic, and any such provision (other than one contained in the order or notice) shall have effect subject to the order or notice.

(8) In the case of an order made or notice issued under this section by a highway authority in Greater London, the description of statutory provision which may be suspended by the order or notice shall include any order made under section 45, 46 or 49 of this Act or any such order as is mentioned in paragraph 11(1) of Schedule 10 to this Act.

(9) In this section “alternative road”, in relation to a road as respects which an order is made under subsection (1) or a notice is issued under subsection (3) above, means a road which—

(a) provides an alternative route for traffic diverted from the first-mentioned road or from any other alternative road, or

(b) is capable of providing such an alternative route apart from any statutory provision authorised by subsection (7) above to be suspended by an order under subsection (5) above.

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F1 S. 14(3A) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162, Sch. 15 para. 23(2); S.I. 1991/1042, art.2

Modifications etc. (not altering text)

C1 S. 14(3) modified (E.W.) by Dartford-Thurrock Crossing Act 1988 (c. 20, SIF 59), ss. 19, 24(1)

14 Temporary prohibition or restriction of traffic on roads. S

(1) If a [F19 roads] authority is satisfied that traffic on a road should be restricted or prohibited, by reason that works are being or are proposed to be executed on or near the road, or by reason of the likelihood of danger to the public or of serious damage to the [F19 road], the authority, subject to the following provisions of this section and to sections 15 and 16 of this Act, may by order restrict or prohibit the use of that road, or of any part of it, by vehicles, or by vehicles of any class, or by pedestrians, to such extent and subject to such conditions or exceptions as they may consider necessary.

(2) A [F20 roads] authority, when considering the question of the making of an order under subsection (1) above, shall have regard to the existence of alternative routes suitable for the traffic which will be affected by the order.

(3) Subject to the following provisions of this section and to sections 15 and 16 of this Act, a [F19 roads] authority may at any time by notice restrict or prohibit temporarily the use of a road, or of any part of a road, by vehicles, or by vehicles of any class, or by pedestrians, where, owing to the likelihood of danger to the public or of serious damage to the [F19 road], it appears to them necessary that such a restriction or prohibition should come into force without delay.

[F21 (3A) Subject to the following provisions of this section and to sections 15 and 16 of this Act, a highway or roads authority may also make an order under subsection (1) or issue a notice under subsection (3) above where the authority is satisfied or (as the case may be) where it appears to the authority that traffic on the highway or road should be restricted or prohibited for the purpose of enabling the duty imposed by subsection (1)(a) or (2) of section 89 of the Environmental Protection Act 1990 (litter clearing and cleaning) to be discharged.]

(4) The provision that may be made by an order under subsection (1) or a notice under subsection (3) above is—

(a) any such provision as is mentioned in any of subsections (1) to (3) of section 2 of this Act, or

(b) any provision restricting the speed of vehicles;

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 pedestrians to any premises situated on or adjacent to the road, or to any other premises accessible for pedestrians from, and only from, the road.

(5) Subject to the following provisions of this section and to sections 15 and 16 of this Act, where any such order or notice is made or issued by a [F22 roads] authority (in this subsection referred to as “the initiating authority”), any such provision as is described in any of paragraphs (a) to (c) of section 2(2) or in section 2(3) of this Act may as respects any alternative road—

(a) be made by order made by the initiating authority, where that authority is the [F22 roads] authority for the alternative road;

[F23 (b) where the initiating authority is not the roads authority for the alternative road (such roads authority being in this paragraph referred to as the “second authority”) and the second authority is—

(i) a local roads authority, be made by order made by the initiating authority with the consent of the second authority;

(ii) the Secretary of State, be made by order made by the second authority on the application of the initiating authority.]

(6) Subsections (1) and (2) of section 3 of this Act shall apply to an order under subsection (5) above as they apply to a traffic regulation order.

(7) An order made or notice issued under this section may suspend any statutory provision of a description which could have been contained in the order or notice, or, in the case of an order under subsection (5) above, any statutory provision prohibiting the use of roads by through traffic, and any such provision (other than one contained in the order or notice) shall have effect subject to the order or notice.

(8) In the case of an order made or notice issued under this section by a highway authority in Greater London, the description of statutory provision which may be suspended by the order or notice shall include any order made under section 45, 46 or 49 of this Act or any such order as is mentioned in paragraph 11(1) of Schedule 10 to this Act.

(9) In this section “alternative road”, in relation to a road as respects which an order is made under subsection (1) or a notice is issued under subsection (3) above, means a road which—

(a) provides an alternative route for traffic diverted from the first-mentioned road or from any other alternative road, or

(b) is capable of providing such an alternative route apart from any statutory provision authorised by subsection (7) above to be suspended by an order under subsection (5) above.

Textual Amendments

F19 Words “roads" and “road" substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 128(1), Sch. 9 para. 93(6)(a)

F20 Word “roads" substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 128(1), Sch. 9 para. 93(6)(b)

F21 S. 14(3A) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162, Sch. 15 para. 23(2); S.I. 1991/1042, art. 2

F22 Word “roads" substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 128(1), Sch. 9 para. 93(6)(c)(i)

F23 S. 14(5)(b) substituted (S.) for s. 14(5)(b)(c) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 128(1), Sch. 9 para. 93(6)(c)(ii)

15 Duration of orders and notices under s. 14. E+W+S

(1) Subject to subsections (2) to (4) below, an order under section 14 of this Act shall not continue in force for more than 3 months.

(2) If the Secretary of State gives his consent to any such order continuing in force for a period longer than that authorised under subsection (1) above, the order shall continue in force until the end of such period as may be specified by the Secretary of State in giving his consent.

(3) Where the Secretary of State refuses to give his consent under subsection (2) above, no subsequent order shall, except with the approval of the Secretary of State, be made under section 14 of this Act as respects any length of road to which the previous order related, unless at least 3 months have expired from the time when the previous order ceased to have effect.

(4) Subsections (1) to (3) above do not apply to an order made by the Secretary of State or [F2 by a London borough council or the Common Council of the City of London].

(5) A notice issued under section 14(3) of this Act shall not continue in force for a longer period than 14 days from the date of the notice.

Textual Amendments

F2 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(7)

16 Supplementary provisions as to orders and notices under s. 14. E+W+S

(1) A person who contravenes, or who uses or permits the use of a vehicle in contravention of, a restriction or prohibition imposed under section 14 of this Act shall be guilty of an offence.

(2) The provisions of Schedule 3 to this Act shall have effect as to notifying the exercise or proposed exercise of the powers conferred by section 14 of this Act and otherwise in relation to that section.

(3) The functions of a highway authority under section 14 of this Act shall, in the case of a road which includes a length for the maintenance of which no highway authority is responsible, extend to that length as well as to the road for the maintenance of which the highway authority is responsible.

(4) Subsection (3) above does not extend to Scotland.

Modifications etc. (not altering text)

C2 S. 16(1) modified (E.W.) by Dartford-Thurrock Crossing Act 1988 (c. 20, SIF 59) ss. 19, 24(3)

Valid from 03/05/1994

[F3 16A Prohibition or restriction on roads in connection with certain events. E+W+S

(1) In this section “relevant event” means any sporting event, social event or entertainment which is held on a road.

(2) If the traffic authority for a road are satisfied that traffic on the road should be restricted or prohibited for the purpose of—

(a) facilitating the holding of a relevant event,

(b) enabling members of the public to watch a relevant event, or

(c) reducing the disruption to traffic likely to be caused by a relevant event,

the authority may by order restrict or prohibit temporarily the use of that road, or any part of it, by vehicles or vehicles of any class or by pedestrians, to such extent and subject to such conditions or exceptions as they may consider necessary or expedient.

(3) Before making an order under this section the authority shall satisfy themselves that it is not reasonably practicable for the event to be held otherwise than on a road.

(4) An order under this section—

(a) may not be made in relation to any race or trial falling within subsection (1) of section 12 of the M1 Road Traffic Act 1988 (motor racing on public ways);

(b) may not be made in relation to any competition or trial falling within subsection (1) of section 13 of that Act (regulation of motoring events on public ways) unless the competition or trial is authorised by or under regulations under that section; and

(c) may not be made in relation to any race or trial falling within subsection (1) of section 31 of that Act (regulation of cycle racing on public ways) unless the race or trial is authorised by or under regulations made under that section.

(5) An order under this section may relate to the road on which the relevant event is to be held or to any other road.

(6) In the case of a road 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 or by any local traffic authority which is the traffic authority for any other road to which the order relates.

(7) In the case of a road for which a local traffic authority is the traffic authority, the power to make an order under this section is also exercisable, with the consent of that local traffic authority, by a local traffic authority which is the traffic authority for any other road to which the order relates.

(8) When considering the making of an order under this section, an authority shall have regard to the safety and convenience of alternative routes suitable for the traffic which will be affected by the order.

(9) The provision that may be made by an order under this section is—

(a) any such provision as is mentioned in section 2(1), (2) or (3) or 4(1) of this Act;

(b) any provision restricting the speed of vehicles; or

(c) any provision restricting or prohibiting—

(i) the riding of horses, or

(ii) the leading or driving of horses, cattle, sheep or other animals,

but no such order shall be made with respect to any road which would have the effect of preventing at any time access for pedestrians to any premises situated on or adjacent to the road, or to any other premises accessible for pedestrians from, and only from, the road.

(10) An order under this section may—

(a) suspend any statutory provision to which this subsection applies; or

(b) for any of the purposes mentioned in subsection (2) above, suspend any such provision without imposing any such restriction or prohibition as is mentioned in that subsection.

(11) Subsection (10) above applies to—

(a) any statutory provision of a description which could have been contained in an order under this section;

(b) an order under section 32(1)(b), 35, 45, 46 or 49 of this Act or any such order as is mentioned in paragraph 11(1) of Schedule 10 to this Act; and

(c) an order under section 6 of this Act so far as it designates any parking places in Greater London.]

Textual Amendments

F3 S. 16A inserted (3.5.1994) by S.I. 1994 c. 11, s. 1(1)

Modifications etc. (not altering text)

C3 S. 16A applied (with modifications) (21.9.2008) by London Local Authorities and Transport for London Act 2008 (c. iii), ss. 1(2), 12

C4 S. 16A applied (with modifications) (E.W.) (temp. from 5.10.2009) by London Olympic Games and Paralympic Games Act 2006 (c. 12), ss. 16(1), 40(2)(6), 41(3); S.I. 2009/2577, art. 2

Marginal Citations

M1 1988 c. 52.

Valid from 03/05/1994

[F4 16B Restrictions on orders under s. 16A. E+W+S

(1) An order under section 16A of this Act shall not continue in force for a period of more than three days beginning with the day on which it comes into force unless—

(a) the order is made by the Secretary of State as the traffic authority for the road concerned; or

(b) before the order is made, he has agreed that it should continue in force for a longer period.

(2) Where an order under section 16A of this Act has not ceased to be in force and the relevant event to which it relates has not ended, the Secretary of State may, subject to subsections (4) and (5) below, from time to time direct that the order shall continue in force for a further period not exceeding three days beginning with the day on which it would otherwise cease to be in force.

(3) A direction under subsection (2) above may relate to all the roads to which the order under section 16A of this Act relates or only to specified roads.

(4) Where an order under section 16A of this Act relates only to roads for which the Secretary of State is not himself the traffic authority, he shall not give a direction under subsection (2) above except at the request of the traffic authority for any road to which the order relates.

(5) Where an order under section 16A of this Act relates to any road for which the Secretary of State is not himself the traffic authority, he shall not give a direction under subsection (2) above affecting that road except with the consent of the traffic authority for that road.

(6) Where an order has been made under section 16A of this Act in any calendar year, no further order may be made under that section in that year so as to affect any length of road affected by the previous order, unless the further order—

(a) is made by the Secretary of State as the traffic authority for the road concerned; or

(b) is made with his consent.

(7) For the purposes of subsection (6) above, a length of road is affected by an order under section 16A of this Act if the order contains provisions—

(a) prohibiting or restricting traffic on that length of road; or

(b) suspending any statutory provision applying to traffic on that length of road.]

Textual Amendments

F4 S. 16B inserted (3.5.1994) by 1994 c. 11, s. 1(1)

Modifications etc. (not altering text)

C5 S. 16B applied (with modifications) (21.9.2008) by London Local Authorities and Transport for London Act 2008 (c. iii), ss. 1(2), 13

C6 S. 16B excluded (E.W.) (temp. from 5.10.2009) by London Olympic Games and Paralympic Games Act 2006 (c. 12), ss. 16(2), 40(2)(6), 41(3); S.I. 2009/2577, art. 2

Valid from 03/05/1994

[F5 16C Supplementary provisions as to orders under s. 16A. E+W+S

(1) A person who contravenes, or who uses or permits the use of a vehicle in contravention of, a restriction or prohibition imposed by an order under section 16A of this Act shall be guilty of an offence.

(2) The Secretary of State may make regulations with respect to the procedure to be followed in connection with the making of orders under section 16A of this Act including provision for notifying the public of the exercise or proposed exercise of the powers conferred by that section and of the effect of orders made in the exercise of those powers.

(3) Without prejudice to the generality of subsection (2) above, the Secretary of State may by regulations under that subsection make, in relation to such orders as he thinks appropriate, provision—

(a) for the making and consideration of representations relating to a proposed order; and

(b) for any of the matters mentioned in paragraph 22(1)(a), (c), (d) or (e) of Schedule 9 to this Act;

and paragraph 25 of that Schedule shall apply to regulations under that subsection as it applies to regulations under Part III of that Schedule.]

Textual Amendments

F5 S. 16C inserted (3.5.1994) by 1994 c. 11, s. 1(1)

17 Traffic regulation on special roads. E+W+S

(1) A special road shall not, except as provided by or under regulations made under subsection (2) below, be used—

(a) by any traffic other than traffic of a class authorised in that behalf by a scheme made, or having effect as if made, under section 16 of the M2 Highways Act 1980, or in Scotland, under section [F6 7 of the M3 Roads (Scotland) Act 1984], or

(b) if the road is one to which certain provisions of the Highways Act 1980 apply by virtue of paragraph 3 of Schedule 23 to that Act, by any traffic other than traffic of a class for the time being authorised by virtue of that paragraph.

(2) The Secretary of State may make regulations with respect to the use of special roads, and such regulations may in particular—

(a) regulate the manner in which and the conditions subject to which special roads may be used by traffic of the class authorised in that behalf by such a scheme as is mentioned in subsection (1)(a) above or, as the case may be, by virtue of the said paragraph 3;

(b) authorise, or enable such authority as may be specified in the regulations to authorise, the use of special roads on occasion or in an emergency or for the purpose of crossing, or for the purpose of securing access to premises abutting on or adjacent to the roads, by traffic other than that described in paragraph (a) above; or

(c) relax, or enable any authority so specified to relax, any prohibition or restriction imposed by the regulations.

(3) Regulations made under subsection (2) above may make provision with respect to special roads generally, or may make different provision with respect to special roads provided for the use of different classes of traffic, or may make provision with respect to any particular special road.

(4) If a person uses a special road in contravention of this section or of regulations under subsection (2) above, he shall be guilty of an offence.

(5) Where, in the case of any part of a special road, the date of opening is a date after the commencement of this Act, the provisions of this section and of any regulations made under subsection (2) above shall not apply to that part of the road until the date of opening; but nothing in this subsection shall be construed as preventing the making of regulations under subsection (2) above so as to come into force, in relation to that part of the road, on the date of opening.

(6) In this section “use”, in relation to a road, includes crossing, and “the date of opening”, in relation to a part of a special road, means the date declared, by a notice published as mentioned in section 1(4) of this Act, to be the date on which it is open for use as a special road.

Textual Amendments

F6 Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 128(1), Sch. 9 para. 93(7)

Marginal Citations

M2 1980 c. 66(59).

M3 1984 c. 54(108).

Prospective

[17A F7 Further provisions as to special roads. E+W+S

(1) On the date declared by the traffic authority, by notice published in the prescribed manner, to be the date on which a special road, or a part of a special road, is open for use as a special road, any existing order under section 1, 6, 9 or 84 of this Act relating to that road or part shall cease to have effect.

(2) This is without prejudice to any power to make orders under those provisions in relation to the road or part as a special road; and any such power may be exercised before the date referred to above, so as to take effect on that date.

(3) The procedure for making an order applies in such a case with such modifications as may be prescribed.]

Textual Amendments

F7 S. 17A inserted(prosp.) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), ss. 168(1), 170(1), Sch. 8 para.29

18 One-way traffic on trunk roads. E+W+S

(1) Where the Secretary of State proposes to make an order under section 10 of the M4 Highways Act 1980, or, in Scotland, under section [F8 5 of the M5 Roads (Scotland) Act 1984] directing that a road shall become a trunk road, and considers it expedient—

(a) that the road, when it becomes a trunk road, should be used only for traffic passing in one direction, and

(b) that any other road which is a trunk road, or is to become a trunk road by virtue of the order, should be used only for traffic passing in the other direction,

the order may make provision for restricting the use of those roads accordingly as from such date as may be specified in the order.

(2) Subsection (1) above shall have effect without prejudice to the powers of the Secretary of State under section 1 of this Act.

(3) A person who uses a vehicle, or causes or permits a vehicle to be used, in contravention of any provision made by virtue of subsection (1) above shall be guilty of an offence.

Textual Amendments

F8 Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 128(1), Sch. 9 para. 93(8)

Marginal Citations

M4 1980 c. 66(59).

M5 1984 c. 54(108).

19 Regulation of use of highways by public service vehicles. E+W+S

(1) Subject to Parts I to III and Part V of Schedule 9 to this Act, a local authority may make orders—

(a) for determining the [F9 highways][F9 roads] which may or may not be used by public service vehicles in their area, or in any part of their area;

(b) for fixing stands for public service vehicles on such [F9 highways][F9 roads];

(c) as to the places at which public service vehicles may stop for a longer time than is necessary for taking up and setting down passengers; and

(d) as to the manner of using such stands and places.

(2) Any such order may be made—

(a) so as to apply only to public service vehicles of a specified class, or

(b) so as to have effect as respects a limited period only or as respects only limited periods in the year,

and may make different provision for different classes of public service vehicles.

(3) In this section “local authority”—

(a) in relation to England and Wales, means the council of a county [F10 or metropolitan district], and

(b) in relation to Scotland, means a regional or islands council.

Textual Amendments

F9 Word “roads" substituted (S.) for word “highways" by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 128(1), Sch. 9 para. 93(9)

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

Modifications etc. (not altering text)

C7 S. 19 restricted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(2), Sch. 5 para. 6(3)

C8 S. 19 restricted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8(2), Sch. 5 para. 12

20 Prohibition or restriction of use of vehicles on roads of certain classes. E+W+S

(1) The Secretary of State, if he is satisfied that it is desirable to do so, may by order made by statutory instrument prohibit or restrict, subject to such exceptions and conditions as to occasional use or access to premises or otherwise as may be specified in the order, the driving of vehicles on all roads of any such class as may be specified in the order.

(2) A prohibition or restriction under this section may be imposed either generally or in relation to any class of vehicle; and for the purposes of this section the Secretary of State may classify roads in any manner he thinks fit, having regard to their character and situation or the nature of the traffic to which they are suited, and may determine in what class any particular road shall be included.

(3) Where, by a notice published as mentioned in section 1(4) of this Act, a date has been or is declared to be the date on which a part of a special road is open for use as a special road, no order under this section shall have effect in relation to that part of the road or (in the case of an order coming into operation before the date so declared) shall have effect in relation to it on or after that date.

(4) A statutory instrument by which an order under this section is made, revoked or varied shall not have effect unless and until it has been approved by a resolution of each House of Parliament.

(5) A person who drives a vehicle, or causes or permits a vehicle to be driven, in contravention of an order under this section shall be guilty of an offence.

21 Permit for trailer to carry excess weight. E+W+S

(1) As regards any road or bridge the appropriate authority may, subject to such conditions as they think fit, grant a permit in respect of any trailer specified in the permit, when drawn by a heavy locomotive or a light locomotive on the road or bridge, to carry weights specified in the permit, notwithstanding that, when conveying such weights, the trailer does not comply with any regulations made, or having effect as if made, by the Secretary of State under [F11 section 41 of the Road Traffic Act 1988] as to the weight laden of trailers or as to the maximum weight which may be transmitted to the road or any part of it by trailers.

(2) Where such a permit is granted in respect of a trailer it shall not, so long as the conditions (if any) attached to the permit are complied with, be an offence to carry on the road or bridge weights authorised by the permit by reason only that the trailer, when conveying them, does not comply with any such regulations.

(3) In this section “the appropriate authority”—

(a) in relation to a road for the maintenance of which a [F12 highway][F12 roads] authority is responsible, other than a road falling within paragraph (c) below, means the [F12 highway][F12 roads] authority;

(b) in relation to a bridge for the maintenance of which a bridge authority is responsible, means the bridge authority; and

(c) in relation to a road passing over a bridge, where the [F12 highways][F12 roads] authority are responsible for the maintenance of the road but not for the maintenance of the bridge itself, means the bridge authority,

and, “ [F12 highway][F12 roads] authority”, in relation to a road, includes any person responsible for the maintenance of the road.

Textual Amendments

F11 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 25(1)

F12 Word “roads" substituted (S.) for word “highway" by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 128(1), Sch. 9 para. 93(10)

22 Traffic regulation for special areas in the countryside. E+W+S

(1) This section applies to roads of the following descriptions, that is to say—

(a) in the case of England and Wales (other than Greater London) roads in, or forming part of, or adjacent to or contiguous with—

(i) a National Park,

(ii) an area of outstanding natural beauty,

(iii) a country park provided under section 7(1) of the M6 Countryside Act 1968 which in the opinion of the Secretary of State serves the purpose set out in section 6(1) of that Act when the considerations in paragraphs (a) and (b) of that subsection are taken into account, and any park or pleasure ground in the Lee Valley Regional Park which in the opinion of the Secretary of State serves that purpose,

(iv) an area in which the Countryside Commission [F13 or the Countryside Council for Wales] are conducting a project or scheme under section 4 of that Act,

(v) a nature reserve or an area subject to an agreement under section 15 of that Act,

(vi) a long distance route, or

(vii) land belonging to the National Trust which is held by the Trust inalienably; and

(b) in the case of Scotland, roads in the countryside within the meaning of the M7 Countryside (Scotland) Act 1967.

(2) This Act shall have effect as respects roads to which this section applies as if the list of purposes for which a traffic regulation order may be made under section 1 of this Act, as set out in the paragraphs of subsection (1) of that section, included the purpose of conserving or enhancing the natural beauty of the area, or of affording better opportunities for the public to enjoy the amenities of the area, or recreation or the study of nature in the area.

(3) Subject to subsection (4) below, in the case of any road to which this section applies which is not a trunk road, the Secretary of State may by order under this subsection make as respects that road for the purpose specified in subsection (2) above any such provision as he might have so made by an order under section 1 of this Act if that road had been a trunk road, and this Act shall apply to an order under this subsection as respects any road, as it applies to an order under section 1 as respects a road which is for the time being a trunk road.

(4) The Countryside Commission [F14 , the Countryside Council for Wales and the Countryside Commission for Scotland may each], if they think fit, make submissions to the Secretary of State as to the desirability of making an order as respects any road under subsection (3) above or, if that road is a trunk road, under section 1 of this Act; and the Secretary of State shall not make an order under subsection (3) as respects any road unless—

(a) he has received such a submission with respect to that road; and

(b) the authority having power to make an order as respects that road under section 1 have notified him that they do not intend to make such an order.

Textual Amendments

F13 Words in s. 22 (1)(a)(iv) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 7; S.I. 1991/685, art. 3

F14 Words in s. 22(4) substituted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 7; S.I. 1991/685, art.3

Marginal Citations

M6 1968 c. 41(46:1).

M7 1967 c. 86(46:1).

Valid from 30/01/2001

[F15 22A Traffic regulation on certain roads for purpose of conserving natural beauty. E+W+S

(1) This section applies to roads other than—

(a) roads to which section 22 of this Act applies,

(b) special roads, or

(c) any road which is a trunk road, a classified road, a GLA road, a cycle track, a bridleway or a footpath, as those expressions are defined by section 329 of the M8 Highways Act 1980.

(2) This Act shall have effect as respects roads to which this section applies as if, in relation to the making of provision with respect to vehicular traffic, the list of purposes for which a traffic regulation order under section 1 of this Act may be made, as set out in paragraphs (a) to (g) of subsection (1) of that section and referred to in section 6(1)(b) of this Act, included the purpose of conserving or enhancing the natural beauty of the area.

(3) In subsection (2) above the reference to conserving the natural beauty of an area shall be construed as including a reference to conserving its flora, fauna and geological and physiographical features.]

Textual Amendments

F15 S. 22A inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 66(4), 103(2)

Marginal Citations

M8 1980 c. 66.

Prospective

[F16 22B Traffic regulation on long distance routes E+W+S

(1) This section applies where the Secretary of State thinks that, because of the use of a long distance route by vehicular traffic, members of the public cannot safely and conveniently—

(a) enjoy the amenities of any part of the route or of the area through which the route runs;

(b) take advantage of opportunities for recreation in any part of that area;

(c) study nature in any part of that area.

(2) The Secretary of State may make an order preventing the use of the route or a specified part of the route—

(a) by vehicular traffic, or

(b) by vehicular traffic of a specified kind.

(3) An order under this section may have effect only in relation to a long distance route which is, or in so far as it is, in England.

(4) An order under this section shall be treated for all purposes as if it were a traffic regulation order made by the Secretary of State in relation to a road for which he is the traffic authority (and, in particular, any provision of this Act about the making or effect of such an order shall apply).]

Textual Amendments

F16 S. 22B inserted (prosp.) by Railways and Transport Safety Act 2003 (c. 20), ss. 108, 120

Valid from 16/11/2006

[F17 22BB Traffic regulation on byways etc. in National Parks in England and Wales E+W

(1) This section applies to a road—

(a) which is in a National Park in England or Wales,

(b) which is—

(i) shown in a definitive map and statement as a byway open to all traffic, a restricted byway, a bridleway or a footpath, or

(ii) a carriageway whose surface, or most of whose surface, does not consist of concrete, tarmacadam, coated roadstone or other prescribed material, and

(c) in respect of which no relevant order is in force.

(2) The National Park authority may—

(a) for a purpose mentioned in section 1(1)(a) to (g) or 22(2), by order make in respect of the road any such provision as is mentioned in section 2(1), (2) or (3) or 4(1);

(b) for the purpose of carrying out an experimental scheme of traffic control, by order make in respect of the road any such provision as is mentioned in section 2(1), (2) or (3) or 4(1);

(c) for a reason given in section 14(1)(a) or (b) or for a purpose mentioned in section 14(1)(c) or 22(2), by order make in respect of the road—

(i) any such provision as is mentioned in section 2(1), (2) or (3) or 4(1), or

(ii) any provision restricting the speed of vehicles.

(3) This Act has effect, subject to subsection (4) and any prescribed modifications, in relation to an order by a National Park authority under subsection (2)(a), (b) or (c) as it has effect in relation to an order by a local traffic authority under section 1, 9 or 14(1).

(4) Before making any order under subsection (2), the National Park authority must consult any authority which is a highway authority for the road.

Textual Amendments

F17 Ss. 22BB, 22BC inserted (E.W.) (16.11.2006 for W. and 1.10.2007 for E.) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 72, 107(4); S.I. 2006/2992, art. 2; S.I. 2007/2540, art. 2

Valid from 16/11/2006

22BC Section 22BB: supplementary E+W

(1) Expressions used in section 22BB(1)(b) that are defined for the purposes of Part 3 of the Wildlife and Countryside Act 1981 by section 66(1) of that Act have the same meaning as in that Part.

(2) In section 22BB(1)(c) “relevant order” means—

(a) a traffic regulation order,

(b) an experimental traffic order,

(c) an order under section 14(1),

(d) an order under section 22(4), or

(e) an order under section 22B,

but does not include an order made under section 22BB(2).

(3) In section 22BB “prescribed” means prescribed by regulations made—

(a) in relation to England, by the Secretary of State;

(b) in relation to Wales, by the National Assembly for Wales.

(4) Any functions exercisable by the National Assembly for Wales by virtue of this section are to be treated for the purposes of section 44 of the Government of Wales Act 1998 (parliamentary procedures for subordinate legislation) as if made exercisable by the Assembly by an Order in Council under section 22 of that Act.]

Textual Amendments

F17 Ss. 22BB, 22BC inserted (E.W.) (16.11.2006 for W. and 1.10.2007 for E.) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 72, 107(4); S.I. 2006/2992, art. 2; S.I. 2007/2540, art. 2

Valid from 19/01/2005

[F18 22C Terrorism E+W+S

(1) An order may be made under section 1(1)(a) for the purpose of avoiding or reducing, or reducing the likelihood of, danger connected with terrorism (for which purpose the reference to persons or other traffic using the road shall be treated as including a reference to persons or property on or near the road).

(2) An order may be made under section 1(1)(b) for the purpose of preventing or reducing damage connected with terrorism.

(3) An order under section 6 made for a purpose mentioned in section 1(1)(a) or (b) may be made for that purpose as qualified by subsection (1) or (2) above.

(4) An order may be made under section 14(1)(b) for a purpose relating to danger or damage connected with terrorism.

(5) A notice may be issued under section 14(2)(b) for a purpose relating to danger or damage connected with terrorism.

(6) In this section “terrorism” has the meaning given by section 1 of the Terrorism Act 2000 (c. 11).

(7) In Scotland an order made, or notice issued, by virtue of this section is to be made or issued not by the traffic authority, if the traffic authority is the Scottish Ministers, but by the Secretary of State.

(8) In Wales an order made, or notice issued, by virtue of this section may be made or issued only with the consent of the Secretary of State if the traffic authority is the National Assembly for Wales.]

Textual Amendments

F18 Ss. 22C, 22D inserted (19.1.2005) by Civil Contingencies Act 2004 (c. 36), ss. 32(1), 34, Sch. 2 Pt. 3 para. 16(2); S.I. 2004/3281, art. 2(3)(4)

Modifications etc. (not altering text)

C9 S. 22C(1)(2)(4)(5): transfer of functions (23.3.2005) by The Scotland Act 1998 (Transfer of functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 2, Sch. (with transitional provisions and savings in art. 6)

Valid from 19/01/2005

[F18 22D Section 22C: supplemental E+W+S

(1) An order may be made by virtue of section 22C only on the recommendation of the chief officer of police for the area to which the order relates.

(2) The following shall not apply in relation to an order made by virtue of section 22C—

(a) section 3,

(b) section 6(5),

(c) the words in section 14(4) from “but” to the end,

(d) section 121B, and

(e) paragraph 13(1)(a) of Schedule 9.

(3) Sections 92 and 94 shall apply in relation to an order under section 14 made by virtue of section 22C as they apply in relation to an order under section 1 or 6.

(4) An order made by virtue of section 22C, or an authorisation or requirement by virtue of subsection (3) above, may authorise the undertaking of works for the purpose of, or for a purpose ancillary to, another provision of the order, authorisation or requirement.

(5) An order made by virtue of section 22C may—

(a) enable a constable to direct that a provision of the order shall (to such extent as the constable may specify) be commenced, suspended or revived;

(b) confer a discretion on a constable;

(c) make provision conferring a power on a constable in relation to the placing of structures or signs (which may, in particular, apply a provision of this Act with or without modifications).]

Textual Amendments

F18 Ss. 22C, 22D inserted (19.1.2005) by Civil Contingencies Act 2004 (c. 36), ss. 32(1), 34, Sch. 2 Pt. 3 para. 16(2); S.I. 2004/3281, art. 2(3)(4)

Modifications etc. (not altering text)

C10 S. 22D(3): transfer of functions (23.3.2005) by The Scotland Act 1998 (Transfer of functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 2, Sch. (with transitional provisions and savings in art. 6)

C11 S. 22D(4): transfer of functions (23.3.2005) by The Scotland Act 1998 (Transfer of functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 2, Sch. (with transitional provisions and savings in art. 6)

C12 S. 22D(5): transfer of functions (23.3.2005) by The Scotland Act 1998 (Transfer of functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 2, Sch. (with transitional provisions and savings in art. 6)