Traffic regulations orders
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ALMOST every week reports appear in CM of proposed bans on lorries using certain roads. But what exactly are the local authorities' powers to impose such bans, and what formalities do they have to comply with before the restrictions become effective?
The Road Traffic Regulation Act 1967 contains the relevant legislation. It gives local authorities (county councils outside the Greater London Area), powers to make orders respecting roads which are not trunk roads. The "appropriate minister" has similar powers where trunk roads are concerned and the Greater London Council deals with roads in its area in a similar manner.
The orders may be made: • For avoiding danger to persons or other traffic using the road or any other road or for preventing the likelihood of any such danger arising.
• For preventing damage to the road or to any building on or near the road • For easing the passage on the road or on any other road of any class of traffic, including foot passengers • For preventing unsuitable vehicles from using a particular road, having regard to the existing character of the road or adjoining property.
• Without prejudice to the generality of the paragraph above, preserving the character of the road in a case where it is specially suitable for use by people on horseback or on foot.
• For preserving or improving the amenities of the area through which the road runs.
The order may prohibit, restrict or regulate the use of a road, or any part of its width, by traffic or classes of traffic specified in the order. Orders may contain exceptions for certain types of traffic and may be in force at all times or only at certain times and days.
Orders may: • Require traffic to proceed in a specified direction or prohibit from doing so.
• Specify the part of the carriageway to be used by traffic. • Prohibit or restrict the waiting of vehicles or their loading or unloading.
• Prohibit the use of roads by through traffic.
• Prohibit or restrict overtaking.
Prohibitions or restrictions on waiting which may be imposed under this section must not apply to a psv stage or express carriage.
The Heavy Commercial Vehicles (Controls and Regulations) Act 1973, added sub-section 3AA to Section 1 of the Traffic Regulations Act and this addition is of particular interest to heavy vehicle operators. It reads: "A local authority may include in a traffic regulations order any such provision: (a) specifying through routes for commercial vehicles; or (b) prohibiting or restricting the use of heavy commercial vehicles in such zones or on such roads as may be specified, as they consider expedient for preserving or improving the amenities of their area.
The Act provides two safeguards, first, that no traffic reg ulefon order may deny access to premises by pedestrians at any time, and secondly such orders may prevent access to premises by vehicles only for periods not over eight hours in any one day. But prevention of access for vehicles for periods greater than eight hours can be secured where this is needed for avoiding damage or danger.
Local authorities have to comply with the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1969 when making these traffic orders. They must consult with one or more organisations representing those likely to be affected by the Order and with the Chief Officer of Police for the area concerned.
One would think that the Road Haulage and Freight Transport Associations, together with local resident committees, are most likely to be affected by the orders but there are many other bodies which oppose road transport and who would want to be consulted.
Having consulted interested parties, the local authority must then publish notices in a local newspaper circulating in the area, and in the London Gazette, detailing the proposals.
Notices must also be displayed prominently at or near each end of the road to which the proposed order relates and, if necessary, elsewhere in the road so that enough information is given to persons using the road.
In all these notices, the address at which all the docu
ments relating to the propose order can be seen must b given. The times at which the can be inspected and the perio during which objections to th proposals can be made mu: also be included.
Anyone wanting to object t the local authorities' proposal must send, within the perio stated in the notice, a writte statement setting out th reasons for their objection.
The local authority may hold public inquiry before making a order and they must hold suc an inquiry in some cases — no ably, for example, where if order relates to a loading or ul loading ban, or where traff must travel in a prescribed dire ti on.
To conduct the inquiry th local authority • must appall someone chosen by them from panel selected by the minist, for holding public inquiries. An one interested may appear person at the inquiry or be repr sented by counsel, solicitor other representative.
Certain orders, particular those prohibiting or restrictir the use of a road for access premises for more than eig hours a day, require the conse of the Minister of Transport b fore they become law.
A highway authority can ma in the case of necessity an ord to prohibit or restrict the use ol road by vehicles generally or I specified classes of vehicles, by pedestrians — except to ga access to premises.
Road works or repairs watermains could come into tlcategory; all these orders apr for three months.
Bridge authorities can, I placing a conspicuous notice each end of a bridge, prohibit use by any vehicle which E ceeds the maximum weig specified in the notice.
The maximum penalty I contravening orders made L der the Traffic Regulation Act a fine of £100.