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Part IIE+W+S Traffic Regulation in Special Cases

[14F1Temporary prohibition or restriction on roads.E+W+S

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

(a)because works are being or are proposed to be executed on or near the road; or

(b)because of the likelihood of danger to the public, or of serious damage to the road, which is not attributable to such works; or

(c)for the purpose of enabling the duty imposed by section 89(1)(a) or (2) of theEnvironmental Protection Act 1990 (litter clearing and cleaning) to be discharged,

the authority may by order restrict or prohibit temporarily the use of that road, or of 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.

(2)The traffic authority for a road may at any time by notice restrict or prohibit temporarily the use of the road, or of any part of it, by vehicles, or vehicles of any class, or by pedestrians, where it appears to them that it is—

(a)necessary or expedient for the reason mentioned in paragraph (a) or the purpose mentioned in paragraph (c) of subsection (1) above; or

(b)necessary for the reason mentioned in paragraph (b) of that subsection,

that the restriction or prohibition should come into force without delay.

(3)When considering the making of an order or the issue of a notice under the foregoing provisions an authority shall have regard to the existence of alternative routes suitable for the traffic which will be affected by the order or notice.

(4)The provision that may be made by an order or notice under the foregoing provisions is—

(a)any such provision as is mentioned in section 2(1), (2) or (3) or 4(1) 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)Where any such order or notice is made or issued by an authority (in this subsection referred to as the “initiating authority”) any such provision as is mentioned in subsection (4) above may be made as respects any alternative road—

(a)if that authority is the traffic authority for the alternative road, by an order made by the initiating authority or by that notice;

(b)if the initiating authority is not the traffic authority for the alternative road, by an order made by the initiating authority with the consent of the traffic authority for the alternative road.

(6)Section 3(1) and (2) of this Act shall apply to the provisions that may be made under subsection (5) above as they apply to the provisions of a traffic regulation order.

(7)An order or notice made or issued under this section may—

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

(b)for either of the reasons or for the purpose mentioned in subsection (1) above suspend any such provision without imposing any such restriction or prohibition as is mentioned in subsection (1) or (2) above.

(8)Subsection (7) above applies to—

(a)any statutory provision of a description which could have been contained in an order or notice 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.

(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 (2) 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 made or notice issued by virtue of subsection (5) above.]

Textual Amendments

Modifications etc. (not altering text)

C1S. 14 modified (1.7.1992) by S.I. 1992/1217, reg. 4(1) (with reg. 11)

S. 14 modified (1.7.1992) by S.I. 1992/1217, reg. 6 (with reg. 11)

S. 14 applied (27.7.1993) by 1993 c. xv, s. 4(4).

S. 14 restricted (4.1.1995) by 1994 c. 39, ss. 7(2), 44(2); S.I. 1994/2850, art. 2, Sch. 1

S. 14 applied (with modifications) (18.12.1996) by 1996 c. xii, s. 1, Sch. s. 9

S. 14 applied (21.7.1994) by 1994 c. xv, s. 4(4)

C2S. 14(1)-(3)(5): certain functions transferred (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1; S.I. 1998/3178, art. 2, Sch. 1