Section 9 Experimental traffic orders.C7 C1 C2 C3 C4 C5 C6 C8

England, Wales and Scotland

F1(1)

The traffic authority for a road may, for the purposes of carrying out an experimental scheme of traffic control, make an order under this section (referred to in this Act as an “ experimental traffic order ”) making any such provision—

(a)

as respects a road outside Greater London, as may be made by a traffic regulation order;

(b)

as respects a road in Greater London, as may be made by an order under section 6, 45, 46, 49, F2or 83(2) or by virtue of section 84(1)(a) of this Act.

F3(2)

An experimental traffic order made by a local traffic authority outside Greater London may, with the consent of the Secretary of State F4or a strategic highways company, extend to a road in relation to which he F5or it is the traffic authority if the order forms part of a scheme of general traffic control relating to roads of which at least one has a junction with the length of road in question.

(2A)

In the case of a road in Greater London for which the Secretary of State F6or a strategic highways company is the traffic authority, the power to make an order under this section is also exercisable, with his F7or its consent, by the local traffic authority.

(3)

An experimental traffic order shall not continue in force for longer than 18 months.

(4)

Subject to Parts I to III of Schedule 9 of this Act, where—

(a)

an experimental traffic order has been made for a period of less than 18 months, and

(b)

the order has not ceased to be in force,

the authority by whom the order was made may from time to time by order direct that it shall continue in force for a further period ending not later than 18 months after it first came into force.

(5)

Where an experimental traffic order made by F8a London borough council or the Common Council of the City of London has not ceased to be in force, and the Secretary of State is satisfied that—

(a)

an order which the council propose to make under any of the provisions of this Act specified in subsection (1)(b) above has the sole effect of reproducing and continuing in force indefinitely the provisions of the experimental traffic order (whether or not that order has been varied, or has been modified or suspended under section 10(2) of this Act), and

(b)

in consequence of the council causing a public inquiry to be held into the order so proposed to be made, they would be unable to make it so that it would come into operation before the experimental traffic order ceases to be in force,

the Secretary of State may, at the request of the council, from time to time direct that the experimental traffic order shall continue in force for a further period not exceeding 6 months from the date when it would otherwise cease to be in force.

F9(5A)

So much of section 4(1) or 7(1) of this Act as provides for a presumption that a traffic sign is lawfully placed shall apply for the purposes of an order under this section making any such provision as is referred to in that subsection.

(6)

In this section and section 10 of this Act “road ”, in relation to Greater London, includes any street as defined by section 6(6) of this Act.