PART 6

MISCELLANEOUS AND GENERAL

Traffic regulation
40
1
Subject to the provisions of this article, and the consent of the traffic authority in whose area the road concerned is situated, the undertaker may at any time, for the purposes of the construction of the authorised development—
a
prohibit vehicular access, prohibit waiting of vehicles and regulate vehicular speed by imposing a speed restriction on vehicles of 30 mph or such other speed as may be agreed in writing with the traffic authority in the manner specified in Part 1 of Schedule 13 (traffic regulation) on a road specified in column (1) and along the lengths and between the points specified in column (2) in the manner specified in column (3) of that Part of that Schedule;
b
prohibit vehicular access and prohibit waiting of vehicles in the manner specified in Part 2 of Schedule 13 on a road specified in column (1) and along the lengths and between the points specified in column (2) in the manner specified in column (3) of that Part of that Schedule; and
c
prohibit waiting of vehicles in the manner specified in Part 3 of Schedule 13 on a road specified in column (1) and along the lengths and between the points specified in column (2) in the manner specified in column (3) of that Part of that Schedule.
2
Without limiting the scope of the specific powers conferred by paragraph (1) but subject to the provisions of this article and the consent of the traffic authority in whose area the road concerned is situated, the undertaker may, in so far as may be expedient or necessary for the purposes of or in connection with construction of the authorised development, at any time prior to when the authorised development is first brought into operational use—
a
revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act;
b
permit, prohibit or restrict the stopping, parking, waiting, loading or unloading of vehicles on any road;
c
authorise the use as a parking place of any road;
d
make provision as to the maximum speed, direction or priority of vehicular traffic on any road; and
e
permit or prohibit vehicular access to any road,
either at all times or at times, on days or during such periods as may be specified by the undertaker.
3
The undertaker must not exercise the powers in paragraphs (1) and (2) unless it has—
a
given not less than 4 weeks’ notice in writing of its intention so to do to the chief officer of police and to the traffic authority in whose area the road is situated; and
b
advertised its intention in such manner as the traffic authority may specify in writing within 7 days of its receipt of notice of the undertaker’s intention as provided for in sub-paragraph (a).
4
Any prohibition, restriction or other provision made by the undertaker under paragraph (1) or (2)—
a
has effect as if duly made by—
i
the traffic authority in whose area the road is situated as a traffic regulation order under the 1984 Act; or
ii
the local authority in whose area the road is situated as an order under section 32 of the 1984 Act,
and the instrument by which it is effected may specify savings and exemptions (in addition to those mentioned in Schedule 13 (traffic regulation) to which the prohibition, restriction or other provision is subject; and
b
is deemed to be a traffic order for the purposes of Schedule 7 to the Traffic Management Act 2004 (road traffic contraventions subject to civil enforcement).
5
Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraphs (1) and (2) at any time prior to the part of the authorised development to which it relates being brought into operational use.
6
Before complying with the provisions of paragraph (3) the undertaker must consult the chief officer of police and the traffic authority in whose area the road is situated.
7
Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.
8
If the traffic authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraphs (1) and (2) the traffic authority is deemed to have granted consent.
2004 c. 18.