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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations lay down the procedure to be followed by local authorities in England and Wales in connection with the making by them of the main types of traffic and parking place orders under the Road Traffic Regulation Act 1984. The Regulations restate with modifications in a single, uniform code the separate procedures which formerly applied in London and in the rest of England and Wales respectively (see regulation 1). The main changes are referred to below.
Regulation 3 specifies the orders to which the Regulations apply. These include traffic regulation orders, experimental traffic orders, orders relating to the use of roads by public service vehicles, street playground orders, orders relating to parking places both on and off the highway (including bus station and parking meter orders), orders relating to speed limits, orders for exempting roads from the prohibition of the parking of vehicles on verges, central reservations and footways, and for controlling the parking of vehicles in areas used for loading or unloading goods vehicles.
Regulations 4 to 13 lay down the procedure to be followed before an order is made. They provide for preliminary consultations (regulation 5), publication of proposals (regulation 6), objections to the order (regulations 7 and 12), public inquiries (regulations 8 to 10), the modification of proposals (regulation 13) and for certain cases where the Secretary of State's consent is required (regulation 11). The main changes are a new requirement to consult a neighbouring highway authority whose roads may be affected (regulation 5(1)(c)); a relaxation in respect of street noticesobligatory only where the authority consider it desirable for publicity purposes (regulation 6(1)(c) and regulation 9); extension of the former London provision for simultaneous consultation and advertisement (regulation 6(2)); a minimum period of 21 days for objections in all cases (regulation 7(1)); extension to London of the provisions previously applying elsewhere to public inquiries, except where objections are frivolous (regulation 8) and extension of the "peak period" times in that connection.
Regulations 14 to 16 contain requirements about the commencement date of the order and notification thereof. The previous requirement outside London to notify objectors of the made order has been relaxed (regulation 16(2)).
Regulation 17 makes provision for the erection of traffic signs to convey information as to the effect of the order. It differs from previous regulations in that it expressly requires such signs to be maintained.
Regulations 18 to 25 generally extend the former London procedures for consolidation orders (regulation 19), minor orders (regulation 20), orders under section 30 of the 1984 Act, roads used as playgrounds (regulation 23), loading area orders (regulation 24) and the making of orders in part (regulation 25). The main exception is in relation to experimental traffic orders (regulations 21 and 22) where the former requirement outside London for consultation is applied generally, but the requirement for prior publication is relaxed.
Regulations 26 and 27 contain new requirements for the revocation and re-enactment of orders in exceptional circumstances where the publication requirements of regulation 16 cannot be met. Regulation 29 lays down the procedure to be followed by London Boroughs and metropolitan districts in respect of orders subject to Part II of Schedule 5 to the Local Government Act 1985.
Regulation 30 makes transitional provision for orders published before the coming into force of these Regulations.
Schedules 1 to 3 contain particulars of the details to be included in the press notices of an order, of the requirements as to display of notices of an order in the road itself, and of the requirements about making documents relating to an order available for public inspection. These are to include a map in appropriate cases. Schedule 4 lists the documents which must accompany an application for the appropriate Secretary of State's consent. The requirement to supply copies of press advertisements no longer applies; a statement identifying the relevant newspapers or journals will suffice. Schedule 5 lists the minor variations to an order to which regulations 19 and 20 apply. These generally extend simplified London procedures such as the waiving of obligations to consult in certain cases. This includes orders varying parking charges other than excess charges (paragraphs 9 and 10). Part V relates specified unladen weights to corresponding maximum gross weights of vehicles for the purposes of Part I.
ISBN 0 11 097120 5
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