Article 34 Traffic regulation

(1)

Subject to the provisions of this article, and the consent of the traffic authority in whose area the road concerned is situated, which consent shall not be unreasonably withheld, the Company may, at any time for the purposes of the construction of the authorised works prohibit or restrict the stopping, parking, waiting, loading or unloading of vehicles in the manner specified in Schedule 11 (traffic regulation) on those roads specified in column (1) and along the lengths and between the points specified in column (2) of that Schedule.

(2)

Without prejudice to 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, which consent shall not be unreasonably withheld, the Company may, in so far as may be necessary or expedient for the purposes of, in connection with, or in consequence of the construction of the scheduled works, at any time prior to the opening of the scheduled works for 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 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 Company.

(3)

The Company shall not exercise the powers of 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 Company’s intention in the case of sub-paragraph (a).

(4)

Any prohibition, restriction or other provision made by the Company under paragraph (1) or (2) shall—

(a)

have effect as if duly made by, as the case may be—

(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 11 (traffic regulation)) to which the prohibition, restriction or other provision is subject; and

(b)

be deemed to be a traffic order for the purposes of Schedule 7 to the Traffic Management Act 2004^f1 (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 Company from time to time by subsequent exercise of the powers of paragraph (2) at any time prior to the opening of the scheduled works for use.

(6)

Before complying with the provisions of paragraph (3) the Company shall 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 shall have the same meaning in this article as in that Act.

Annotations

Footnotes

f1: 2004 c. 18.