From GPG

This is a brief outline of the relevant sections of the Road Traffic Regulation Act 1984 with amendments as made by the Countryside and Rights of Way Act 2000. Itis intended to give you a basic understanding of the Legislation and is set out and numbered in accordance with the sections and sub-sections of the 1984 Act. It will direct you to the relevant part of the Act for further reading. IT IS NOT A SUBSTITUTE FOR THE SPECIFIC ADVICE OR INTERPRETATION PROVIDED BY YOUR OWN LEGAL ADVISERS.

Contents 1 Traffic Authority 2 Road Traffic Regulation Act 1984 2.1 Section 1 2.2 Section 2 2.3 Section 3 2.4 Section 4 2.5 Section 5 2.6 Section 9 2.7 Section 10 2.8 Section 11 2.9 Section 12 2.10 Section 14 2.11 Section 15 2.12 Section 16a 2.13 Section 16b 2.14 Section 22 2.15 Section 22a 2.16 Section 127

Traffic Authority

1. The body which exercises traffic management powers through the making of traffic regulation orders.
2. In Greater London - London Borough Councils or Transport for London in the case of certain designated roads
   In England - County Councils and Unitary Authorities
   In Wales - County and County Borough Councils
3. Duties and Powers — To exercise the functions conferred on them by the Road Traffic Regulation Act 1984 so as to "secure the expeditions, convenient and safe movement of vehicular and other traffic (including pedestrians) and the provision of suitable and adequate parking facilities on and off the highway".
   (i) RTRA 1984 – Section 1
   To make permanent traffic regulation orders
   (ii) RTRA 1984 – Section 14
   To make temporary traffic regulation orders
   (iii) RTRA 1984 – Section 16A
   To make orders prohibiting or restricting the use of rights of way in connection with certain events

Road Traffic Regulation Act 1984

Section 1

Grounds for making an order:

a) Avoiding danger to persons or traffic using the road, or other road, or to prevent the likelihood of such danger arising.
b) Preventing damage to the road, or to any building on or near the road.
c) Facilitate the passage of any class of traffic (including pedestrians).
d) Preventing use by vehicular traffic of a kind, or in a manner, which is unsuitable having regard to the existing character of the road or adjoining property.
e) Preserving the character of a road where it is specially suitable for use by pedestrians or equestrians.
f) Preserving or improving the amenities of the area.</p>

Section 2

What a TRO may provide:

(1) A TRO can prohibit, restrict or regulate use of all or part of the road by vehicular traffic, or a specified class of vehicular traffic:
a) either generally or subject to exceptions; and
b) subject to exceptions relating to times, days or periods specified.

(2) A TRO can make provisions:
a) requiring vehicular traffic, or a specified class of vehicular traffic, to travel in a particular direction or prohibiting travel;
b) specifying use of only a part of the carriageway;
c) prohibiting or restricting waiting or loading;
d) prohibiting through traffic;
e) prohibiting or restricting overtaking.

(3) A TRO can prohibit, restrict or regulate use of all or part of the road by pedestrians, or a specified class of pedestrians:
a) either generally or subject to exceptions; and
b) subject to exceptions relating to time, days or periods specified.

Section 3

(1) A TRO cannot be made if it would have the effect of preventing access, at any time, for pedestrians to any premises situated on, or adjacent to the road, or to any premises which are accessible for pedestrians from and only from the road.

Section 4

This relates to the power to erect prescribed traffic signs in order to identify the length of road to which the TRO applies.

Section 5

This section makes contravention of a TRO an offence. The maximum penalty is level 3 on the standard scale.

Section 9

This section relates to experimental TROs. Experimental TROs are designed to allow the traffic authority to carry out an experimental scheme of traffic control. An experimental scheme of traffic control would be used when the authority wished, for example, to assess whether a particular restriction would produce the desired result, or wished to check what consequences arose from the imposition of a restriction.

In the public rights of way context it may be appropriate, for example, to consider an experimental TRO when the authority wished to assess whether damage to a route was caused by public vehicular use or agricultural vehicular use. An experimental TRO would allow the consequences of a restriction on public vehicular use to be assessed before a final permanent decision was made.

(1) Experimental TROs are subject to similar provisions as apply to permanent TROs under the terms of section 1-4 of the act.

(2) Relates to Greater London.

(3) Restricts the maximum duration of an experimental TRO to 18 months.

Section 10

This section relates to supplementary provisions for experimental TROs.

Section 11

This section makes contravention of an experimental TRO an offence.

Section 12

This section relates to experimental traffic schemes in Greater London.

Section 14

(1) This section relates to temporary TROs and allows the Traffic Authority to restrict or prohibit traffic for the following reasons:
a) because works are being, or will be, carried out on or near the road;
b) because of the likelihood of danger to the public, or of serious damage to the road;
c) to allow the duty imposed by Section 89(1)(a) or (2) of the Environmental Protection Act 1990 (litter clearing and cleaning) to be carried out.

(2) Allows the Traffic Authority to restrict or prohibit use by notice, for the above reasons, if it considers the prohibition or restriction should be applied without delay.

(3) When considering the making of a temporary TRO the authority shall have regard to the existence of suitable alternative routes.

(4) As with a permanent TRO, temporary orders should not prohibit the use of a road if it is the sole pedestrian access to premises.

Sub-sections (5) to (9) relate to the suspension or application of restriction to the alternative routes which will be used by traffic affected by the TRO.

Section 15

(1)
(a) Temporary TROs in respect of footpaths, bridleways, cycle tracks or byways cannot last for longer than 6 months.
(b) Other temporary TROs may last for up to 18 months.

(5) The order making authority can request that the Secretary of State extends a temporary TRO subject to the 6-month time limit, for a further period beyond the expiry date of the TRO.

(6) If the Secretary of State refuses a request to extend a temporary TRO then the authority cannot make a further temporary TRO in respect of any length of the same road, until at least 3 months after the expiry date of the first order.

(7) A prohibition or restriction made by notice in respect of reasons (a) or (c) (works or litter clearing) cannot continue in force for longer than 5 days, and in respect of reason (b) (public safety) for longer than 21 days.

(8) A prohibition or restriction originally imposed by notice can be continued by a temporary TRO. In the case of a notice for public safety reasons one further notice may be used to extend the total period.

Section 16a

This section allows the temporary prohibition or restriction of traffic on roads in connection with the holding of any sporting event, social event or entertainment.

(2) The grounds for prohibition or restriction are:
a) facilitating the holding of the event;
b) enabling members of the public to watch the event;
c) reducing the disruption to traffic likely to be caused by the event.

(3) The order making authority must be satisfied that the event couldn't have been held off the road.

Section 16b

This section stipulates time limits for orders under Section 16A.

(1) Orders made by a Traffic Authority have a maximum duration of 3 days unless the Secretary of State has agreed otherwise in advance. However, an order made by the Secretary of State may have a longer duration.

(2) A 3-day order may be extended for a further 3 days if the event has not ended, but only by direction of the Secretary of State.

Section 22

This section relates to traffic regulation for special areas in the countryside.

(1) The section applies to roads in or adjoining, or forming part of:
(i) a National Park;
(ii) an Area of Outstanding Natural Beauty;
(iii) a Country Park (subject to certain conditions);
(iv) an area in which the Countryside Agency, or the Countryside Council for Wales are conducting a project or scheme under Section 4 of the Countryside Act;
(v) a Nature Reserve, or an area subject to an agreement under Section 15 of the Countryside Act;
(vi) a long distance route;
(vii) National Trust land;
(viii) a SSSI

(2) This sub-section effectively adds a further ground for making a TRO to the list (a)-(g) contained in Section 1. An order can be made for the purpose of conserving or enhancing the natural beauty of the area, or of affording better opportunities for the public to enjoy the amenities of the area, or recreation, or nature study.

(3) This sub-section allows the Countryside Agency (Countryside Council for Wales) to make submissions to the Secretary of State supporting the making of a TRO.

(4) Sub-section 4 allows the Secretary of State to make a TRO on a road as defined in sub-section 1, even if the Traffic Authority has refused to do so.

(5) This sub-section makes it clear that "conservation of natural beauty" in the context of section 22 (and section 22A - see below) includes the conservation of flora, fauna and physical features of the landscape.

Section 22a

This section allows TROs on certain other roads for the purpose of conserving natural beauty.

(1) It does not apply to roads already covered by Section 22 or to special roads, trunk roads, classified roads, GLA roads, cycle tracks, bridleways and footpaths.

Section 127

(1) In relation to footpaths, bridleways or byways this section extends the definition of pedestrian, as used in Section 2(3) or 14, so as to include person driving, leading or riding horses or other animals.