Section 10 - Road closures and traffic restrictions
HCC has powers to close rights of way or restrict various classes of traffic from rights of way. Provisions are contained in the Road Traffic Regulation Act 1984, Road Traffic (Temporary Restrictions) Act 1991, New Roads and Street Works Act 1991 and subsequent regulations.
Orders can only be made where they fulfil specific criteria set out in the legislation and regulations and will be either permanent or temporary. Orders can be used to restrict any or all classes of traffic using a route, this includes horse riders, cyclists and walkers [s127].
Temporary orders are typically used to restrict all users from the right of way for maintenance/works purposes or where there is a threat to public safety. This could be where the County Council will be carrying out surfacing works on a path or following problems on a path, i.e. a bridge collapsing where the County Council may wish to close the path for safety reasons pending replacement works.
Permanent orders are typically used to regulate motor traffic. Officers will need to consider any private rights that exist on a way before making an order and should follow current policy and the guidance in Circular 2/93 which suggests the application of management measures before seeking a permanent TRO.
NB All legal references below (unless detailed otherwise) refer to the Road Traffic Regulation Act 1984.
Relevant legislation
Road Traffic Regulation Act 1984 [RTRA84]
Section 1. Traffic regulation orders outside Greater London
Section 2. What a traffic regulation order may provide
Section 3. Restrictions on traffic regulation orders
Section 14. Temporary prohibition or restriction on roads
Section 15. Duration of orders and notices under s.14
New Roads and Street Works Act 1991 [NRSWA91]
Section 76. Liability for cost of temporary traffic regulation
10.1 Temporary orders
The County Council is often required to make temporary Traffic Regulation Orders for development or other works under the Road Traffic Regulation Act 1984, but often finds it difficult to ensure adequate provision is given to public safety, [Duty to assert and protect Highways Act 1980 s130]. A policy has been endorsed to ensure that safe alternative routes are promoted.
When considering the making of an order under Road Traffic Regulation Act 1984 s14 public safety will be given a high priority and alternative routes will only be provided:
- Either on existing public highways that are convenient and safe for the traffic being diverted.
- Or on to alternative routes within construction sites where provisions regarding width, surfacing and fencing are included in a written agreement and preferably a s106 Town and Country Planning Act 1990 agreement specifically addressing the issue of public safety.
[Policy 14-Executive Committee-Agenda item 4-29January2001]
This policy is designed to remove the risk to the public that is presented by inadequate alternative routes including those across development sites and those onto existing highways with limited provision for vulnerable users such as walkers and cyclists.
The policy will ensure that routes across construction sites are only promoted where they are unavoidable and given as much protection as possible in order to safeguard the public using the route.
For the purposes of mineral extraction, a temporary diversion order may be made under the Town and Country Planning Act 1990 s261. This gives the alternative route full highway protection without the need for a section 106 or other agreement.
Section 14 empowers highway authorities temporarily to regulate the use of rights of way, either because of works being executed on or near the road, or because of the likelihood of danger to the public. Section 14 also empowers the Highway Authority to make orders to temporarily regulate the use of a road where this is required for development on or adjacent to the path. Such development may either be authorised by the District Council (e.g. housing) or by the County Council for "County Matters" (e.g. minerals or waste).
Temporary orders for "County Matters" are made under section 261 of the Town and Country Planning Act (see Section 4.7.1). The authority for all other temporary closures can only be granted under s14 (see procedure below).
Where an order is required for street works HCC may recover all costs incurred with or in consequence of an order or notice from the undertaker [NRSWA91 s76]. Street works are defined by the New Roads and Street Works Act 1991.
Depending on the urgency of the works there are two procedures:
- Where the authority is satisfied that urgent action is needed, a "temporary notice" may be issued imposing a closure or restriction; no prior notice need be given, but only a short-term closure or restriction is possible. (See below).
- If the authority knows in advance of the need for the order, it must make a "temporary order"; such an order must be advertised, but may remain in force for up to 6 months for public rights of way.
Temporary TRO procedure for officers.
A temporary order is normally made for six months, the maximum permitted by law [Road Traffic (Temporary restrictions) Act 1991]. Notices however will refer to the actual period when the path is expected to be closed (which may be shorter than six months). This shorter period can be extended by new notices up to the maximum six months stated in the Order, committee services will need to be informed. If it proves impossible to carry out the works within the six month period set out in the Order, this can be rolled forward without reference to the Secretary of State, although new site and paper notices will be required. This can be done up to the end of the six month period from when the path was first actually closed. Committee Services will notify all the relevant councils, councillors and user groups. Extensions beyond this period can only be sanctioned by the Secretary of State when it may be continued for as long as he sees fit.
There is no procedure for objections to temporary orders, however anyone aggrieved by the first notice, can make representations to the authority or their councillor.
TTRO notices and public warning
Although the legal notices placed at the end of RoW may be all that is legally required to show the closure, experience has shown that expecting people to stand and read wordy legal text, often in small print, is not an effective means of communication.
Placing of warning notices on the affected routes to draw attention to imminent work is an effective and valid method of communicating with RoW users.
Officers should consider the production of simple A4/A3 size notices to display on site before or during work and for warning/information.
Please see these examples for guidance.
Temporary notices (Emergency orders)
A temporary notice may be imposed at any time, without warning, if it appears necessary to the Highway Authority [s14(2)]. If there is a risk of danger to the public or serious damage to the road independent of street works (e.g. a leaking gas main) the notice is limited to 21 days duration, which can be extended by one further notice. In cases not involving a risk of danger or damage, the notice may last only 5 days [s15(7)].
In either case notices must be posted on the right of way concerned, and must be kept there in a conspicuous position while the prohibition lasts. The requirement to keep notices posted is essential, since to contravene such a restriction is an offence [s16].
Continuation of closures and restrictions
A 5-day temporary notice for street-works purposes cannot be continued. By contrast, a 21-day notice can be continued by one further notice giving up to 21 days more. Both 5-day and 21-day notices may be followed immediately by a temporary order, which may be made without the 7 days prior notice normally needed for such orders.
In some cases it is not always possible to predict the duration of the works. and there may be cases where they will unavoidably overrun the temporary notice period.
Where it is apparent from the start of the works that this will happen, undertakers must inform HCC accordingly, who should take the necessary steps to take follow-up action without delay so as to enable the works to continue without interruption.
If after works have started it becomes apparent that they will overrun the notice period, the undertaken should immediately inform HCC that either a further notice or an order will be required. In the case of a 5-day notice it may not be possible for the follow-up order to be made in time to become operative on the expiration of the notice and, where practicable, works may have to be suspended and the site temporarily restored to traffic, until the necessary procedures are complied with and the order is made. HCC will endeavour to reduce to a minimum the number of cases where this has to happen and, where it is unavoidable, the period of suspension involved. This problem is unlikely to arise in the case of a 21-day temporary notice.
top10.2 Permanent Orders
The County Council as Highway Authority has powers to make Permanent Traffic Regulation Orders [Road Traffic Regulation Act 1984] and is often under pressure to make Orders specifically for the regulation of motorised vehicles. A policy is required to indicate what measures will normally be taken before considering a Traffic Regulation Order and to include advice from the former Department of the Environment [Circular 2/93].
The County Council will follow the guidelines in the government circular (Department of Environment Circular 2/93) by seeking normally to reduce damage and/or danger to an acceptable level before considering an Order. Cases for order making will only be considered by the County Council's Development Control Committee where:
- Management measures have failed or can be shown to be inappropriate; and
- There is sufficient evidence of damage or conflict to support an order under Road Traffic Regulation Act 1984 s1(1a - f ).
When considering the making of a Permanent Traffic Regulation Orders the County Council will give preference to those activities, which cause the least disturbance to other users and will consider proposals to ban or regulate certain classes of traffic when in the wider public interest. [Policy 13-Executive Committee-Agenda item 4-29January2001]
This policy puts into practice guidance offered by the Department of Environment, Transport and the Regions (DETR) avoiding permanent TROs where voluntary agreements and other management measures can be successfully implemented. Management measures may include surfacing or drainage works.
Follow link below and complete checklist first.
The procedure for making orders is set out in the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996.
- The extent and details of the order need to be determined. It may be appropriate to make an allowance for private rights to access property when making a permanent TRO under s1.
- The authority must consult one or more of the organisations representing users of the road before making an order.
- Notice of the proposal to make the order must be published in a local paper and sent to consultees and, if the authority considers it desirable in the interests of giving adequate publicity to the order, placed on site.
- The order, a map showing its effect, the alternative routes for diverted traffic, and a statement of the authority's reasons for proposing it must be made available for public inspection during the objection period. That period must be at least 21 days after all the notices have been displayed.
- The authority must consider all the objections received and may hold an inquiry, although it is not obliged to do so. On making the order, it must notify objectors and publish further notices and make available documents, together with the report of the inspector if an inquiry was held, for six weeks from the date of the order.
PERMANENT TRO PROCEDURE CHECKLIST
Motorised transport is lawfully allowed to use certain parts of the PRoW network.
- Byways Open to All Traffic (BOATs) carry public vehicular rights in addition to public footpath and bridleway rights. They are however, by definition, used mainly for the purposes for which footpaths and bridleways are used i.e. by walkers and equestrians.
10.3 Experimental Orders
These follow the same procedure as above, except they are for a limited period only (usually twelve months) and can be varied during this time. Considerations of objections is often deferred until a decision has been made to proceed with a permanent order. In such cases the procedure is repeated providing another opportunity to object.
Follow procedure for experimental check list below.