Section 82 What roads are restricted roads.

England, Wales and Scotland

(1)

Subject to the provisions of this section and of section 84(3) of this Act, a road is a restricted road for the purposes of section 81 of this ActF1if—

(a)

in England and Wales, there is provided on it a system of street lighting furnished by means of lamps placed not more than 200 yards apart;

C1( b )

in Scotland, there is provided on it a system of carriageway lighting furnished by means of lamps placed not more than 185 metres apart and the road is of a classification or type specified for the purposes of this subsection in regulations made by the F2Scottish Ministers .

C2(2)

F3The traffic authority for a road may direct

(a)

that the road which is a restricted road for the purposes of section 81 of this Act shall cease to be a restricted road for those purposes, or

(b)

that the roadwhich is not a restricted road for those purposes shall become a restricted road for those purposes.

F4( 3 )

A special road is not a restricted road for the purposes of section 81 on or after the date declared by the traffic authority, by notice published in the F5manner prescribed in regulations made by the national authority , to be the date on which the special road, or the relevant part of the special road, is open for use as a special road.

Annotations

Textual amendments

F1: Words in s. 82(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 59(2); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch.2 and for England and Wales only by S.I. 1991/2288, art. 3,Sch.
F2: Words in s. 82(1)(b) substituted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 42(5)(a), 72(7) (with Sch. 2 paras. 34(2), 35(2))
F3: Words in s. 82(2) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 59(3); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2 and for England and Wales only by S.I. 1991/2288, art. 3,Sch.
F4: S. 82(3) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), ss. 168(1), Sch. 8 para. 59(4); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch.2 and for England and Wales only by S.I. 1991/2288, art. 3,Sch.
F5: Words in s. 82(3) substituted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 42(5)(b), 72(7) (with Sch. 2 paras. 34(2), 35(2))

Modifications

C1: S. 82(1)(b)(2)(3): transfer of functions (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1
C2: S. 82(2): power to make orders extended (S.) (1.4.2002) by The Forth Estuary Transport Authority Order 2002 (S.S.I. 2002/178), art. 9