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 the construction, operation or maintenance of the authorised development permanently regulate traffic as described in Schedule 14 (traffic regulation), in the manner specified in column (3) on those roads specified in column (1) and along the lengths and between the points specified, or to the extent otherwise described in column (2) 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, at any time prior to the opening of the authorised development 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 undertaker.

(3)

The undertaker must not exercise the powers in paragraph (1) unless it has—

(a)

given not less than 12 weeks’ 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; 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 undertaker’s intention in the case of 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, 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^f1 (power of local authorities to provide parking places) of the 1984 Act,

and the instrument by which it is effected may specify savings and exemptions (in addition to those mentioned in Schedule 14) 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 (road traffic contraventions subject to civil enforcement) to the Traffic Management Act 2004^f2.

(5)

Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraph (2) at any time.

(6)

Before exercising the powers conferred by paragraph (2) the undertaker must 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 have the same meaning in this article as in that Act.

Annotations

Commencement

I1: Art. 46 in force at 5.12.2022, see art. 1

Footnotes

f1: Section 32 was amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51) and section 168(1) of, and paragraph 39 of Schedule 8 to, the 1991 Act.
f2: 2004 c. 18.