C7C11 Part I General Provisions for Traffic Regulation
Pt. 1 applied (E.W.) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 17(3)
Experimental traffic schemes
C1C2C3C4C8C9C11C109C11 Experimental traffic orders.
F11
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.
F32
An experimental traffic order made by a local traffic authority outside Greater London may, with the consent of the Secretary of State F15or a strategic highways company, extend to a road in relation to which he F16or 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
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 F4a 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 F4the 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 F4the 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 F4the 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.
F55A
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.
10C11 Supplementary provisions as to experimental traffic orders.
1
An experimental traffic order—
a
may provide for the suspension or modification, while the order is in force, of any provision previously made by or under any enactment, if it is a provision that could have been made by the order; and
b
shall, to the extent that it is inconsistent with any provision subsequently made by or under any enactment, cease to have effect.
F62
An experimental traffic order may include provision empowering a specified officer of the authority who made the order, or a person authorised by such a specified officer, to modify or suspend the operation of the order or any provision of it if it appears to him essential—
a
in the interests of the expeditious, convenient and safe movement of traffic,
b
in the interests of providing suitable and adequate on-street parking facilities, or
c
for preserving or improving the amenities of the area through which any road affected by the order runs.
The power conferred by such a provision shall be exercised only after consulting the appropriate chief officer of police and giving such public notice as the Secretary of State may direct.
F73
Any such power to modify an experimental traffic order as is mentioned in subsection (2) above does not extend to making additions to the order or to designating additional on-street parking places for which charges are made; but subject to that the modifications may be of any description.
4
No appeal shall lie to the Secretary of State from the F8commissioner for the Metropolitan Traffic Area under section 42 of the Transport Act 1985 in the case of a decision of the commissioner with respect to a London local service licence if and so far as he certifies that the decision was necessary to secure conformity with an experimental traffic order prescribing—
a
the routes to be followed, or roads which are not to be used, by vehicles affected by the decision, or
b
the places in roads where such vehicles may or may not wait, or
c
the stopping places for such vehicles.
5
F106
The reference in subsection (4) above to the Metropolitan Traffic Area shall be construed as if it were contained in the Public Passenger Vehicles Act 1981.
C5C611C11 Contravention of experimental traffic order.
F111
Any person who acts in contravention of, or fails to comply with, an experimental traffic order shall be guilty of an offence.
2
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Pt. 1 applied (with modifications) (S.) (19.4.2007) by Edinburgh Airport Rail Link Act 2007 (asp. 16), s. 38 (with ss. 52, 60)