43.—(1) Subject to the provisions of this article, and the consent of the traffic authority in whose area the road is situated in, the undertaker may, for the purposes of construction, maintenance and decommissioning of the authorised development—
(a)make provision, in respect of those lengths of road specified in column 2 of Part 1 of Schedule 14 (traffic regulation measures) imposing the temporary speed limit mentioned in column 3 of that Part of that Schedule;
(b)make provision, in respect of those lengths of road specified in column 2 of Part 2 of Schedule 14 (traffic regulation measures), as to the direction of travel of vehicular traffic as specified in column 3 of that Part of that Schedule;
(c)make provision, in respect of those lengths of road specified in column 2 of Part 3 of Schedule 14 (traffic regulation measures) temporarily closing that road to the classes of road user specified in column 3 of that Part of that Schedule; and
(d)make provision temporarily suspending in whole or in part any order made, or having effect as if made, under the 1984 Act in so far as it is inconsistent with any prohibition, restriction or other provision made by the undertaker under this paragraph.
(2) Subject to the provisions of this article, and the consent of the traffic authority in whose area the road is situated, the undertaker may for the purposes of construction, maintenance and decommissioning of the authorised development, temporarily place traffic signs and signals in the extents of the road specified in column 2 of Part 4 of Schedule 14 (traffic regulation measures) and, subject to the consent of the traffic authority in whose area the road is situated, the placing of those traffic signs and signals is deemed to have been permitted by the traffic authority for the purposes of section 65 of the 1984 Act and the Traffic Signs Regulations and General Directions 2016(1).
(3) Subject to the provisions of this article and without limitation to the exercise of the powers conferred by paragraph (1), the undertaker may make temporary provision for the purposes of the construction, maintenance or decommissioning of the authorised development—
(a)as to the speed at which vehicles may proceed along any road;
(b)permitting, prohibiting or restricting the stopping, waiting, loading or unloading of vehicles on any road;
(c)as to prescribed routes for vehicular traffic or the direction or priority of vehicular traffic on any road;
(d)permitting, prohibiting or restricting the use by vehicular traffic or non-vehicular traffic of any road; and
(e)suspending or amending in whole or in part any order made, or having effect as if made, under the 1984 Act.
(4) No speed limit imposed by or under this Order applies to vehicles falling within regulation 3(4) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011(2) when used in accordance with regulation 3(5) of those regulations.
(5) Prior to any application for the consent of the traffic authority under paragraphs (1) and (2), the undertaker must carry out 21 days consultation with affected highway users by means of site notices and local newspaper advertisement circulating in the area in which- the traffic regulation measures are proposed and must include a consultation report presenting the results of that consultation as part of its application for consent.
(6) Before exercising the power conferred by paragraph (3) the undertaker must—
(a)consult the chief officer of police in whose area the road is situated; and
(b)obtain the written consent of the traffic authority.
(7) The undertaker must not exercise the powers conferred by paragraphs (1), (2) or (3) unless the undertaker has—
(a)given not less than 4 weeks’ notice in writing to the chief officer of police in whose area the road is situated and to the traffic authority; and
(b)not less than 7 days before the provision is to take effect, published the undertaker’s intention to make the provision in one or more newspapers circulating in the area in which any road to which the provision relates is situated.
(8) Any provision made under the powers conferred by paragraphs (1) or (3) of this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraph (1) or (3).
(9) Any provision made by the undertaker under paragraphs (1) or (3)—
(a)must be made by written instrument in such form as the undertaker considers appropriate;
(b)has effect as if duly made by the traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 Act and the instrument by which it is effected may specify savings and exemptions to which the provision is subject; and
(c)is deemed to be a traffic order for the purposes of Schedule 7 (road traffic contraventions subject to civil enforcement) to the 2004 Act.
Commencement Information
I1Art. 43 in force at 3.8.2024, see art. 1