Article 46 Traffic regulationI1

England and Wales

(1)

Subject to the provisions of this article, the undertaker may at any time for the purposes of construction of the authorised development or for purposes ancillary to the construction of the authorised development—

(a)

prohibit waiting of vehicles and regulate vehicular speed by imposing a speed restriction on vehicles in the manner specified in Part 1 of Schedule 12 (traffic regulation orders) on a road specified in column (2) and along the lengths and between the points specified in column (3) in the manner specified in column (4) of that Part of that Schedule;

(b)

prohibit use of roads by through traffic in the manner specified in Part 2 of Schedule 12 (traffic regulation orders) on the roads specified in column (2) and along the lengths and between the points specified in column (3) in the manner specified in column (4) of that Part of that Schedule;

(c)

regulate the direction of vehicular movements in the manner specified in Part 3 of Schedule 12 (traffic regulation orders) on the roads specified in column (2) and along the lengths and between the points specified in column (3) in the manner specified in column (4) of that Part of that Schedule; and

(d)

prohibit overtaking in the manner specified in Part 4 of Schedule 12 (traffic regulation orders) on the roads specified in column (2) and along the lengths and between the points specified in column (3) in the manner specified in column (4) of that Part of that Schedule.

(2)

Without limiting the scope of 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, the undertaker may, in so far as may be expedient or necessary for the purposes of or in connection with construction of the authorised development, or for purposes ancillary to it, at any time—

(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 maximum speed, direction or priority of vehicular traffic on any road; and

(e)

permit, prohibit or restrict vehicular access to any road,

either at all times or at times, on days or during such periods as may be specified by the undertaker.

(3)

The undertaker must not exercise the powers in paragraphs (1) and (2) unless it has—

(a)

given not less than four 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 seven days of its receipt of notice of the undertaker’s intention as provided for in sub-paragraph (a).

(4)

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

(a)

has effect as if duly made by—

(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 (power of local authorities to provide parking places),

and the instrument by which it is effected may specify savings and exemptions (in addition to those mentioned in Schedule 12 (traffic regulation orders)) to which the prohibition, restriction or other provision is subject; and

(b)

is 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 at any time be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraphs (1) and (2).

(6)

Any prohibition, restriction or other provision made by the undertaker under paragraph (1) or (2) will cease to have effect on the expiry of the period of five years beginning with the date on which the authorised development is first brought into operational use, except where the authorised development is replacement or landscape planting in which case the period of five years will begin with the date on which that part of the replacement or landscape planting is completed.

(7)

If any prohibition, restriction or other provision has been made by the undertaker under paragraph (1) or (2), then before the expiration of the period referred to in paragraph (6) the undertaker must—

(a)

give at least four weeks’ notice in writing to the chief officer of police and to the traffic authority in whose area the road is situated; and

(b)

advertise the fact in such manner as the traffic authority may specify in writing within seven days of its receipt of notice of the undertaker’s notice as provided for in sub-paragraph (a).

(8)

Before complying with the provisions of paragraphs (3) and (7) the undertaker must consult the chief officer of police and the traffic authority in whose area the road is situated.

(9)

Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

(10)

If the traffic authority fails to notify the undertaker of its decision within 35 days (or such other period as agreed by the traffic authority and the undertaker) of receiving an application for consent under paragraph (2) the traffic authority is deemed to have granted consent.

(11)

Any application for consent under paragraph (2) must include a statement that the provisions of paragraph (10) apply to that application.

(12)

If an application for consent under paragraph (2) does not include the statement required under paragraph (11), then the provisions of paragraph (10) will not apply to that application.

Article 46 Traffic regulationI1

Annotations

Commencement

Footnotes