Article 17 Traffic regulation measures
Subject to the provisions of this article the undertaker may at any time, in the interests of safety and for the purposes of, or in connection with, the construction, maintenance or decommissioning of the authorised development temporarily make provision in respect of the lengths of road specified in column (2) of the table in Schedule 8 (traffic regulation measures) imposing the temporary measures mentioned in column (3).
Subject to the provisions of this article and without limitation to the exercise of the powers conferred by paragraph (1), the undertaker may for the purposes of the construction, maintenance or decommissioning of the authorised development make temporary provision—
as to the speed at which vehicles may proceed along any road;
permitting, prohibiting or restricting the closing, waiting, loading or unloading of vehicles on any road;
as to the prescribed routes for vehicular traffic or the direction or priority of vehicular traffic on any road;
permitting or prohibiting or restricting the use by vehicular traffic or non-vehicular traffic of any road; and
suspending or amending in whole or in part any or made, or having effect as if made, under the 1984 Act,
either at all times or at times, on days or during such periods as may be reasonably specified by the undertaker.
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 Amendments) Regulations 2011f1 when in accordance with regulation 3(5) of those regulations.
Before exercising the power conferred by paragraph (2) the undertaker must—
consult with the chief officer of police in whose area the road is situated; and
obtain the written consent of the traffic authority, which consent must not be unreasonably withheld.
The undertaker must not exercise the powers in paragraphs (1) or (2) unless it has—
given not less than 28 days’ notice in writing of its intention to do so to the chief officer of police and to the traffic authority in whose area the road is situated;
not less than seven 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; and
displayed a site notice containing the same information at each end of the length of road affected.
Any provision made under the powers conferred by paragraphs (1) or (2) of this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred in paragraphs (1) or (2).
Any provision made by the undertaker under paragraphs (1) or (2)—
must be made by written instrument in such form as the undertaker considers appropriate;
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 specific savings and exemptions to which the provision is subject; and
is deemed to be a traffic order for the purposes of Schedule 7 (road traffic contraventions subject to civil enforcement) to the Traffic Management Act 2004f2.
If the traffic authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (4)(b) the traffic authority is deemed to have granted consent.
For deemed consent under paragraph (8) to apply to any application for consent under paragraph (4)(b), the application must include a statement that the provisions of paragraph (8) apply to that application.
If an application for consent under paragraph (4)(b) does not include the statement required under paragraph (9), then the provisions of paragraph (8) will not apply to that application.
Annotations
Footnotes
- f1
- f2
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2004 c. 18. There are amendments to this Act not relevant to this Order.