C24 Part V Traffic Signs
General provisions
C1C264General provisions as to traffic signs.
1
In this Act “traffic sign” means any object or device (whether fixed or portable) for conveying, to traffic on roads or any specified class of traffic, warnings, information, requirements, restrictions or prohibitions of any description—
and any line or mark on a road for so conveying such warnings, information, requirements, restrictions or prohibitions.
C42
Traffic signs shall be of the size, colour and type prescribed by regulations made as mentioned in subsection (1)(a) above except where the F45relevant authority authorises the erection or retention of a sign of another character; and for the purposes of this subsection illumination, whether by lighting or by the use of reflectors or reflecting material, or the absence of such illumination, shall be part of the type or character of a sign.
F332A
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F332B
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F332C
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3
Regulations under this section may be made so as to apply either generally or in such circumstances only as may be specified in the regulations.
C5C6C7C8C28C31C34C364
Except as provided by this Act, no traffic sign shall be placed on or near a road except—
a
a notice in respect of the use of a bridge;
b
a traffic sign placed, in pursuance of powers conferred by a special Act of Parliament or order having the force of an Act, by the owners or operators of a tramway, light railway or trolley vehicle undertaking, a dock undertaking or a harbour undertaking; or
5
Regulations under this section, or any authorisation under subsection (2) above, may provide that F2section 36 of the Road Traffic Act 1988 (drivers to comply with traffic directions) shall apply to signs of a type specified in that behalf by the regulations or, as the case may be, to the sign to which the authorisation relates.
6
References in any enactment (including any enactment contained in this Act) to the erection or placing of traffic signs shall include references to the display of traffic signs in any manner, whether or not involving fixing or placing.
F466A
In this section “"relevant authority”” means—
a
in relation to a function so far as exercisable within devolved competence, within the meaning of the Scotland Act 1998, means the Scottish Ministers;
b
in relation to a function so far as exercisable within devolved competence, within the meaning given by section 58A(7) and (8) of the Government of Wales Act 2006, means the Welsh Ministers;
c
otherwise, means the Secretary of State.
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F328
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C9C10C11C25C26C27C30C32C33C35C37C38C40C4165 Powers and duties of F24traffic authorities as to placing of traffic signs.
C12C39F31
F41A
The power to give general directions under subsection (1) above includes power to require equipment used in connection with traffic signs to be of a type approved in accordance with the directions.
C13F52
The F47relevant authority may give directions to F30a strategic highways company or a local traffic authority—
a
for the placing of a traffic sign of any prescribed type or authorised character specified in the directions, or
b
for replacing a sign so specified by, or converting it into, a sign of another prescribed type or authorised character so specified.
3
F343ZA
The power of the Scottish Ministers to give general directions under subsection (1) is to be exercisable by Scottish statutory instrument.
3ZB
Before giving a general direction under subsection (1) the Secretary of State must consult with F49 the Welsh Ministers and the Scottish Ministers.
3ZC
Before F50the Welsh Ministers or the Scottish Ministers give a general direction under subsection (1) they must consult with the Secretary of State.
F63A
No charge may be made—
a
in England and Wales, by a highway authority which is the council of a county, metropolitan district or London borough or the Common Council of the City of London, or
b
in Scotland, by a local roads authority,
with respect to the exercise of their power under subsection (1) above to permit a traffic sign to be placed on or near any road in their area if—
C13i
the sign conveys information of a temporary nature or is otherwise intended to be placed only temporarily; and
4
In this section—
“authorised character” means a character authorised by the F47relevant authority ; and
“prescribed type” means a type prescribed by regulations made under section 64(1)(a) of this Act.
F515
In this section “"relevant authority”” means—
a
in relation to a function so far as exercisable within devolved competence, within the meaning of the Scotland Act 1998, means the Scottish Ministers;
b
in relation to a function so far as exercisable within devolved competence, within the meaning given by section 58A(7) and (8) of the Government of Wales Act 2006, means the Welsh Ministers;
c
otherwise, means the Secretary of State.
66 Traffic signs for giving effect to local traffic regulations.
1
A constable, or a person acting under the instructions (whether general or specific) of the chief officer of police, may place on a F7road, or on any structure on a F7road, traffic signs (of any size, colour and type prescribed or authorised under section 64 of this Act) indicating prohibitions, restrictions or requirements relating to vehicular traffic, as may be requisite—
a
for giving effect to regulations, orders or directions under any enactment mentioned in subsection (2) below, or
b
for giving effect to directions given under F8section 31(4) of the Road Traffic Act 1988 (which enables directions to be given in consequence of the holding of an authorised race or trial of speed).
2
The enactments referred to in subsection (1) above are—
a
section 52 of the M1Metropolitan Police Act 1839 (which relates to prevention of obstruction on public occasions or in the neighbourhood of public buildings in the metropolitan police district);
b
section 22 of the M2local Act of the second and third year of the reign of Queen Victoria, chapter 94 (which makes similar provision in relation to the City of London);
c
section 21 of the M3Town Police Clauses Act 1847 (which likewise makes similar provision for areas to which that Act is applied); and
3
In this section “prescribed” means prescribed by regulations under section 64(1)(a) of this Act.
C1467 Emergencies and temporary obstructions.
C151
A constable, or a person acting under the instructions (whether general or specific) of the chief officer of police, may place on a F10road, or on any structure on a F10road, traffic signs (of any size, colour and type prescribed or authorised under section 64 of this Act), indicating prohibitions, restrictions or requirements relating to vehicular traffic, as may be necessary or expedient to prevent or mitigate congestion or obstruction of traffic, or danger to or from traffic, in consequence of extraordinary circumstances; and the power to place signs conferred by this subsection shall include power to maintain a sign for a period of 7 days or less from the time when it was placed, but no longer.
F111A
In subsection (1)—
a
“extraordinary circumstances” includes terrorism or the prospect of terrorism within the meaning of section 1 of the Terrorism Act 2000 (c. 11), and
b
the reference to 7 days shall, in the application of the subsection in connection with terrorism or the prospect of terrorism, be taken as a reference to 28 days;
but this subsection does not apply to a power under subsection (1) in so far as exercisable by a traffic officer by virtue of section 7 of the Traffic Management Act 2004 (c. 18).
F531B
In the application of subsection (1) in connection with terrorism or the prospect of terrorism—
a
the reference to vehicular traffic is to be read as a reference to any kind of traffic (including pedestrians), and
b
the other references to traffic are to be read accordingly.
C152
F12Section 36 of the Road Traffic Act 1988 (drivers to comply with traffic directions) shall apply to signs placed in the exercise of the powers conferred by subsection (1) above.
3
Regulations under section 64 of this Act prescribing any type of object or device for warning traffic of a temporary obstruction may include provisions for authorising (subject to such conditions as may be specified in the regulations) persons not otherwise authorised to do so to place an object or device of that type on or near roads, or on or near any description of road so specified, in such circumstances and for such periods as may be so specified.
C1668 Placing of traffic signs in connection with exercise of other powers.
1
This section applies to any authority having power to make—
a
b
an order as respects a road outside Greater London under section 9 of this Act, or
c
an order to which this paragraph applies by virtue of any provision of Part VI of this Act.
2
Without prejudice to any powers conferred by or under any other provision of this Act, but subject to subsection (3) below, an authority to whom this section applies may place and maintain, or cause to be placed and maintained, such traffic signs, of any type prescribed or character authorised under section 64 of this Act, as the authority may consider necessary in connection with any order made by the authority as respects any road and falling within any of paragraphs (a) to (c) of subsection (1) above F15or, in the case of a traffic authority having power to make an order under section 14 of this Act, as the authority may consider necessary in connection with any order made or notice issued by them under that section; but, if the order is made F16or, as the case may be, the notice is issuedby an authority other than the F17traffic authority for the road, the authority by whom the order is made F16or, as the case may be, the notice is issued—
a
shall consult with the traffic authority as to the placing of the signs, and
3
The power conferred by subsection (2) above on an authority to whom this section applies shall be exercisable subject to and in conformity with any general directions given under section 65(1) of this Act, whether that authority is a F17traffic authority or not; and any other power conferred by section 65 to give directions to a F17traffic authority shall include power to give the like directions to an authority to whom this section applies.
C1769 General provisions as to removal of signs.
1
2
If a person fails to comply with such a notice, the F20traffic authority may themselves effect the removal, doing as little damage as may be; and the expenses incurred by them in doing so shall be recoverable by them from the person in default, and, in England or Wales, shall be so recoverable summarily as a civil debt.
3
C1870 Default powers of Secretary of State as to traffic signs.
C191
If F26a strategic highways company, a F22local traffic authority or an authority to whom section 68 of this Act applies fail to comply with any direction given under section 65(2) or section 69 of this Act, the F39national authority may F40... carry out the work required by the direction; and the expenses incurred F41... in doing so shall be recoverable by F42the national authority from F27the company or the authority F43that failed to comply with the direction , and, in England or Wales, shall be so recoverable summarily as a civil debt.
2
Any such direction—
a
if relating to a road in England or Wales, shall be enforceable on the application of the Secretary of State by an order of mandamus; or
b
if relating to a road in Scotland, shall be enforceable by order of the Court of Session on an application by the Lord Advocate under section 91 of the M5Court of Session Act 1868.
F253
In England, where subsection (1) applies in respect of non-compliance with a direction by a traffic authority other than a strategic highways company—
a
a strategic highways company may carry out the work required by the direction with the consent of the Secretary of State, and
b
the expenses incurred by the company in doing so are recoverable by the company from the authority summarily as a civil debt.
71 Power to enter land in connection with traffic signs.
C201
A F31strategic highways company, aF23local traffic authority or an authority to whom section 68 of this Act applies or the F44national authority may enter any land and exercise such other powers as may be necessary for the purpose of the exercise and performance of their powers and duties of placing, replacing, converting and removing traffic signs or their powers and duties under section 69 of this Act.
2
In this section “traffic signs” includes signposts for footpaths (within the meaning of the M6Highways Act 1980) and bridleways, and “signposts” includes other signs or notices for the same purpose.
3
Subsection (2) above does not extend to Scotland.
C2172 Powers exercisable by parish or community councils.
C22C23C291
A parish or community council may, with the permission of the highway authority and subject to any conditions imposed by that authority, provide on or near any road, other than a footpath or bridleway, or may contribute, either wholly or in part, towards the cost of providing on or near any such road, traffic signs indicating—
a
a stopping place for public service vehicles;
b
a warning of the existence of any danger; or
c
the name of the parish or community or of any place in it.
2
A parish or community council may provide, or may contribute, either wholly or in part, towards the cost of providing, on or near any footpath or bridleway, any object or device (not being a traffic sign) for conveying to users of that footpath or bridleway a warning of the existence of danger.
3
No traffic sign, object or device provided by a parish or community council in pursuance of this section shall be placed on any land (not being a road or part of a road) without the consent of the owner and occupier of the land.
4
Nothing in this section shall prejudice the exercise by the highway authority F52, the Welsh Ministers or the Secretary of State of their powers under section 69 of this Act; but where any such object or device as is mentioned in subsection (1) of that section is an object or device—
a
provided by a parish or community council in pursuance of this section, and
b
so provided on land which the council neither own nor occupy,
the powers conferred on the highway authority by that subsection shall be exercisable in relation to the council and not in relation to the owner or occupier of the land.
5
For the purpose of complying with a notice under section 69(1) of this Act which, by virtue of subsection (4) above, requires a parish or community council to remove an object or device, the council may enter any land and exercise such other powers as may be necessary for that purpose.
6
A parish or community council may warn the public of any danger in or apprehended in their area, subject, however, in the case of a warning given by providing any traffic sign, object or device, to the provisions of subsections (1) and (3) above.
7
This section does not extend to Scotland.
Pt. V modified by S.I. 1991/516, art. 3A (which article is inserted by S.I. 1991/808, art. 2(3)).