The Road Traffic (Temporary Restrictions) Procedure Regulations 1992

PART I GENERAL

Citation and Commencement

1.  These Regulations may be cited as the Road Traffic (Temporary Restrictions) Procedure Regulations 1992 and shall come into force on 1st July 1992.

General Interpretation

2.—(1) In these Regulations,

“the 1984 Act” means the Road Traffic Regulation Act 1984;

“the 1991 Act” means the New Roads and Street Works Act 1991(1);

“fire authority”, in relation to any area, means the authority discharging in the area the functions of fire authority under the Fire Services Act 1947(2);

“maximum duration” in relation to an order or notice means the longest period during which the order or notice could remain in force, on the assumption (in the case of an order) that—

(a)

it is not amended, and

(b)

the prohibition or restriction imposed by it is not continued under section 15(3), (5) or (8) of the 1984 Act.

and “footpath”, “cycle track” and “byway open to all traffic” have the same meanings as in section 15 of the 1984 Act.

(2) A reference in these Regulations to—

(a) a concesssionaire, or

(b) a road subject to a concession,

• shall, in relation to England and Wales, be construed in accordance with section 1 of the 1991 Act.

(3) A reference in these Regulations to a concessionnaire shall, in relation to Scotland, be construed in accordance with section 28 of the 1991 Act.

(4) A reference in these Regulations to an order is a reference to an order or a proposed order as the context requires, and, in the case of a proposed order, any reference to the effect of the order (however expressed) is a reference to the effect that the proposed order would have were it to be made.

PART II TEMPORARY ORDERS

Procedure for making a temporary order

3.—(1) Subject to the following provisions of this Part, this regulation makes provision for the procedure to be followed in connection with the making of an order under section 14 of the 1984 Act.

(2) Not less than 7 days before making an order, the traffic authority shall publish notice of their intention to make the order in one or more newspapers circulating in the area in which any road to which the order relates is situated.

(3) The notice mentioned in paragraph (2) above shall state—

(a) the reason or purpose mentioned in section 14(1) of the 1984 Act for the making of the order;

(b) the effect of the order and, where applicable, the alternative route or routes available for traffic; and

(c) the date on which the order would come into force and its maximum duration.

(4) The traffic authority shall, on or before the day on which the order is made, give notice of the order—

(a) to the chief officer of police of any police area in which any road to which the order relates is situated;

(b) where the traffic authority is not the fire authority for the area in which any road to which the order relates is situated, to the chief officer of the fire authority for that area;

(c) where the order would be likely to have direct effect on traffic or any class of traffic on any road for the maintenance of which another traffic authority is responsible, to that other traffic authority; and

(d) where the order is likely to have a direct effect on traffic or any class of traffic on—

(i) a road which is subject to a concession, or

(ii) a road in respect of which an assignation has been granted under section 28(1) of the 1991 Act,

• to the concessionaire.

(5) Within 14 days after making the order the traffic authority shall publish a notice of the making of the order in one or more newspapers circulating in the area in which any road to which the order relates is situated.

(6) The notice mentioned in paragraph (5) above shall state—

(a) the reason or purpose mentioned in section 14(1) of the 1984 Act for the making of the order;

(b) the effect of the order and, where applicable, the alternative route or routes available for traffic; and

(c) the date on which the order will come into force and its maximum duration.

(7) If and to the extent that it appears to the traffic authority that it would be desirable in the interests of giving adequate publicity to the order, the authority shall comply with the requirements of Part I of the Schedule to these Regulations in relation to each length of road to which the order relates.

(8) When the order has been made, the traffic authority shall comply with the requirements of Part III of the Schedule to these Regulations (traffic signs).

Footpaths, bridleways, cycle tracks and byways open to all traffic

4.—(1) Regulation 3(4)(a) shall not apply to an order in so far as it relates to a footpath, bridleway or byway open to all traffic.

(2) Regulations 3(4)(b), (c) and (d) and (7) shall not apply to an order in so far as it relates to a footpath, bridleway, cycle track or byway open to all traffic.

(3) Where a traffic authority has made an order relating to a road which is a footpath, bridleway, cycle track or byway open to all traffic, the authority shall comply with the requirements of Part I of the Schedule to these Regulations in relation to each length of such road to which the order relates.

Tramcars and trolley vehicles

5.—(1) Where it appears to a traffic authority that an order would be likely to affect the operation of any tramcar or trolley vehicle the authority shall consult the operator of that vehicle before making the order.

(2) In this regulation, “trolley vehicle” does not include a duobus as defined in the Tramcars and Trolley Vehicles (Modification of Enactments) Regulations 1992(3).

Orders to which no time limit applies

6.—(1) This regulation has effect in relation to an order to which the time limit of eighteen months in subsection (1) of section 15 of the 1984 Act does not apply by virtue of subsection (2) of that section.

(2) Regulation 3 shall have effect in relation to the order as if—

(a) for “7” in paragraph (2) there was substituted “21”,

(b) the words “and its maximum duration” in paragraph (3)(c) were omitted, and

(c) sub-paragraphs (a), (b) and (d) of paragraph (4) were omitted.

(3) Before making the order, the traffic authority shall consult—

(a) the chief officer of police of any police area in which any road to which the order relates is situated;

(b) where the traffic authority is not the fire authority for the area in which any road to which the order relates is situated, the chief officer of the fire authority for that area; and

(c) organisations representing persons who use any road to which the order relates or are likely to be otherwise affected by any provisions of the Order.

(4) Not less than 21 days before making the order, the traffic authority shall publish notice of intention to make the order in the London Gazette (if it relates to a road in England or Wales) or the Edinburgh Gazette (if it relates to a road in Scotland).

(5) Regulation 3(3) (with the omission of the words “and its maximum duration” in sub-paragraph (c)) shall apply to the notice mentioned in paragraph (4) above.

Continuation of restriction or prohibition imposed by notice

7.  Where the only effect of an order is to continue in force a prohibition or restriction imposed by a notice under section 14(2) of the 1984 Act, regulation 3(2) shall not apply to the order.

Revocation orders

8.—(1) In this regulation—

“revocation order” means an order which revokes an order under section 14 of the 1984 Act and has no other effect;

“previous order”, in relation to a revocation order, means the order revoked by the revocation order.

(2) Regulations 3 to 6 shall not apply to a revocation order.

(3) Not less than 7 days before making a revocation order, the traffic authority shall publish notice of their intention to make the order in one or more local newspapers circulating in the area in which any road to which the previous order relates is situated.

(4) Within 7 days after making a revocation order, the traffic authority shall give notice of the making of the order to the person and bodies mentioned in regulation 6(3) and to any other traffic authority who consented to the making of the previous order under section 14(5)(b) of the 1984 Act.

Continuation of order by direction of the Secretary of State

9.—(1) This regulation has effect where the Secretary of State gives a direction under section 15(3) or (5) of the 1984 Act in relation to an order.

(2) The traffic authority shall within 14 days after the direction has been received publish notice of the direction in one or more newspapers circulating in the area in which any road to which the order relates is situated.

(3) The notice mentioned in paragraph (2) above shall state—

(a) the reason or purpose mentioned in section 14(1) of the 1984 Act for the making of the order;

(b) the effect of the order and, where applicable, the alternative route or routes available for traffic;

(c) the date on which the order came into force and the date upon which it would otherwise have expired had the direction not been given; and

(d) the date on which the order would expire if no further direction were to be given under section 15(3) or (5) of the 1984 Act and the order were neither revoked nor amended.

(4) In the case of a direction given under section 15(3) of the 1984 Act the traffic authority shall, within 7 days after the date that the direction has been received, give notice of the direction to the persons and bodies to whom notice of the order was required to be given by regulation 3(4).

PART III TEMPORARY NOTICES ISSUED BY A TRAFFIC AUTHORITY

Procedure for issue of temporary notice by a traffic authority

10.—(1) Subject to regulations 11 and 12, this regulation makes provision for the procedure to be followed in connection with the issue of a notice under section 14(2) of the 1984 Act by a traffic authority including a notice issued by virtue of section 15(8)(b)(ii) of the 1984 Act.

(2) This notice shall state—

(a) the reason or purpose mentioned in section 14(1) of the 1984 Act for the issue of the notice;

(b) the effect of the notice and, where applicable, the alternative route or routes available for traffic; and

(c) the date of the notice and its maximum duration.

(3) No later than the day on which the notice is issued, the traffic authority shall give notice of it—

(a) to the chief officer of police of any police area in which any road to which the order relates is situated;

(b) where the notice is likely to have direct effect on traffic or any class of traffic on any road for the maintenance of which another traffic authority is responsible, to that other traffic authority;

(c) where the traffic authority is not the fire authority for the area in which any road to which the order relates is situated, to the chief officer of the fire authority for that area; and

(d) where any road to which the notice relates is—

(i) a road subject to a concession; or

(ii) a road in respect of which an assignation has been granted under section 28(1) of the 1991 Act,

• to the concessionaire.

(4) If and to the extent that it appears to the traffic authority that it would be desirable in the interests of giving adequate publicity to the notice the authority shall comply with the requirements of Part II of the Schedule to these Regulations (display of notices) in relation to each length of road to which the notice relates.

(5) The traffic authority shall comply with the requirements of Part III of the Schedule to these Regulations (traffic signs).

Footpaths, bridleways, cycle tracks and byways open to all traffic

11.  Where a notice issued by a traffic authority under section 14(2) of the 1984 Act relates to a footpath, bridleway, cycle track or byway open to all traffic, the authority shall comply with the requirements of Part II of the Schedule to these Regulations in relation to each length of road to which the notice relates.

Tramcars and trolley vehicles

12.—(1) Where it appears to a traffic authority proposing to issue a notice under section 14(2) of the 1984 Act that the notice would be likely to affect the operation of any tramcar or trolley vehicle the authority shall consult the operator of the vehicle before issuing the notice.

(2) Paragraph (1) above shall not apply where it appears to the authority that the notice needs to be issued without delay.

(3) In this regulation, “trolley vehicle” does not include a duobus as defined in the Tramcars and Trolley Vehicles (Modification of Enactments) Regulations 1992(4).

PART IV TEMPORARY NOTICES ISSUED BY A CONCESSIONAIRE

Procedure for issue of temporary notice by concessionaire

13.—(1) Subject to regulation 14, this regulation makes provision for the procedure to be followed in connection with the issue of a notice under section 14(2) of the 1984 Act by a concessionaire, including a notice issued by virtue of section 15(8)(b)(ii) of the 1984 Act.

(2) The notice shall state—

(a) the reason or purpose mentioned in section 14(1) of the 1984 Act for the issue of the notice;

(b) the effect of the notice and, where applicable, the alternative route or routes available for traffic; and

(c) the date of the notice and its maximum duration.

(3) No later than the day on which the notice is issued the concessionaire shall give notice of it—

(a) to the chief officer of police of any police area in which any road to which the order relates is situated;

(b) to the traffic authority for the area in which any road to which the order relates is situated;

(c) where the notice is likely to have direct effect on traffic or any class of traffic on any road for the maintenance of which another traffic authority is responsible, to that other traffic authority; and

(d) where the traffic authority referred to in subparagraph (b) above is not the fire authority for the area in which any road to which the order relates is situated, to the chief officer of the fire authority for that area.

(4) If and to the extent that it appears to the concessionaire that it would be desirable in the interests of giving adequate publicity to the notice the concessionaire shall comply with the requirements of Part II of the Schedule to these Regulations (display of notices) in relation to each length of road to which the notice relates.

(5) The concessionaire shall comply with the requirements of Part III of the Schedule to these Regulations (traffic signs).

Tramcars and trolley vehicles

14.—(1) Where it appears to a concessionaire proposing to issue a notice under section 14(2) of the 1984 Act that the notice would be likely to affect the operation of any tramcar or trolley vehicle the concessionaire shall consult the operator of the vehicle before issuing the notice.

(2) Paragraph (1) above shall not apply where it appears to the concessionaire that the notice needs to be issued without delay.

(3) In this regulation, “trolley vehicle” does not include a duobus as defined in the Tramcars and Trolley Vehicles (Modification of Enactments) Regulations 1992.

Signed by authority of the Secretary of State for Transport

Kenneth Carlisle

Parliamentary under Secretary of State,

Department of Transport

4th June 1992

James Douglas-Hamilton

Parliamentary under Secretary of State for Scotland, Scottish Office

8th June 1992

David Hunt

Secretary of State for Wales

9th June 1992