New Roads and Street Works Act 1991

Traffic signsE+W+S

47E+W+SIn section 64 of the Road Traffic Regulation Act 1984 (general provisions as to traffic signs), in subsection (4)(c)(i) and (ii) for “highway” substitute “ road ”.

48(1)Section 65 of the Road Traffic Regulation Act 1984 (powers and duties of highway authorities as to placing of traffic signs) is amended as follows.E+W+S

(2)For subsection (1) (power to cause or permit placing of traffic signs) substitute—

“(1)The traffic authority may cause or permit traffic signs to be placed on or near a road, subject to and in conformity with such general directions as may be given by the Ministers acting jointly or such other directions as may be given by the Secretary of State.”.

(2)In subsection (2) (direction by Secretary of State), for the opening words substitute—

“(2)The Secretary of State may give directions to a local traffic authority—”.

49E+W+SIn section 66(1) of the Road Traffic Regulation Act 1984 (traffic signs for giving effect to local traffic regulations), for “highway” (twice) substitute “ road ”.

50E+W+SIn section 67 of the Road Traffic Regulation Act 1984 (emergencies and temporary obstructions), in subsection (1) for “highway” (twice) substitute “ road ”.

51(1)Section 68 of the M1Road Traffic Regulation Act 1984 (placing of traffic signs in connection with exercise of other powers) is amended as follows.E+W+S

(2)In subsection (1)(a), omit the reference to section 30.

(3)In subsections (2) and (3), for “highway authority” or, in Scotland, “roads authority”, wherever occurring, substitute “ traffic authority ”.

52(1)Section 69 of the Road Traffic Regulation Act 1984 (placing of traffic signs in connection with exercise of other powers) is amended as follows.E+W+S

(2)In subsection (1)—

(a)for “highway authority” or, in Scotland, “roads authority” substitute “ traffic authority ”; and

(b)for “the roads” or, in Scotland, “a road” substitute “ the road ”.

(3)In subsection (2) for “highway authority” or, in Scotland, “roads authority” substitute “ traffic authority ”.

(4)In subsection (3) for “highway authority” or, in Scotland, “local roads authority” substitute “ local traffic authority ”.

53E+W+SIn section 70 of the Road Traffic Regulation Act 1984 (default powers of Secretary of State), in subsection (1) for “highway authority” or, in Scotland, “local roads authority” substitute “ local traffic authority ”.

54E+W+SIn section 71 of the Road Traffic Regulation Act 1984 (power to enter land in connection with traffic signs), in subsection (1) for “highway authority” or, in Scotland, “local roads authority” substitute “ local traffic authority ”.

55E+W+SIn section 73 of the Road Traffic Regulation Act 1984 (powers of local traffic authorities in London), in subsection (1) for “which is not a trunk road” substitute “ for which they are the traffic authority ”.

56E+W+SIn section 77 of the Road Traffic Regulation Act 1984 (modifications as respects trunk roads), for the opening words substitute “ In relation to a road for which the Secretary of State is the traffic authority ”.

57E+W+SIn section 79 of the Road Traffic Regulation Act 1984 (advances by Secretary of State towards expenses of traffic signs), in subsection (5) for “highway authority” or, in Scotland, “local roads authority” substitute “ local traffic authority ”.

58E+W+SIn section 80 of the Road Traffic Regulation Act 1984 (exercise of traffic sign functions by person other than traffic authority), in subsection (1), for “highway authority” or, in Scotland, “roads authority” in both places where those expressions occur substitute “ traffic authority ”.

59(1)Section 82 of the Road Traffic Regulation Act 1984 (what roads are restricted roads) is amended as follows.E+W+S

(2)In subsection (1) for the words from “if” to the end substitute— “if—

(a)in England and Wales, there is provided on it a system of street lighting furnished by means of lamps placed not more than 200 yards apart;

(b)in Scotland, there is provided on it a system of carriageway lighting furnished by means of lamps placed not more than 185 metres apart and the road is of a classification or type specified for the purposes of this subsection in regulations made by the Secretary of State.”.

(3)In subsection (2) for “A direction may be given” substitute “ The traffic authority for a road may direct ”, and in paragraphs (a) and (b) for “a specified road” substitute “ the road ”.

(4)For subsection (3) substitute—

“(3)A special road is not a restricted road for the purposes of section 81 on or after the date declared by the traffic authority, by notice published in the prescribed manner, to be the date on which the special road, or the relevant part of the special road, is open for use as a special road.”.

60(1)Section 83 of the M2Road Traffic Regulation Act 1984 (provisions as to directions under section 82) is amended as follows.E+W+S

(2)In subsection (1), for the words from the beginning to “shall be given” substitute “ A direction under section 82(2) by the Secretary of State shall be given ”.

(3)For subsection (2) substitute—

“(2)A direction under section 82(2) by a local traffic authority shall be given by means of an order made by the authority.”.

61E+W+SIn section 84 of the Road Traffic Regulation Act 1984 (speed limits on roads other than restricted roads), for subsection (2) (authority having power to make order) substitute—

“(2)The power to make an order under subsection (1) is exercisable by the traffic authority, who shall before exercising it in any case give public notice of their intention to do so.”.

62(1)Section 85 of the Road Traffic Regulation Act 1984 (traffic signs for indicating speed restrictions) is amended as follows.E+W+S

(2)In subsection (1) (duty of Secretary of State), for the words from “in the case of” to “to” substitute “ in the case of a road for which he is the traffic authority, to ”.

(3)In subsection (2) (duties of local traffic authorities), for the opening words substitute— “ In the case of any other road, it is the duty of the local traffic authority— ”.

(4)In subsection (3) for “local authority” substitute “ local traffic authority ”.

(5)In subsection (4), for the words from the beginning to “on a road” substitute “ Where no such system of street or carriageway lighting as is mentioned in section 82(1) is provided on a road, ”.

(6)In subsection (5) for the words from “such a system” to “subsection (4) above” substitute “ such a system of street or carriageway lighting ”.

63E+W+SIn section 86 of the Road Traffic Regulation Act 1984 (speed limits for particular classes of vehicles), omit subsection (4) (which relates to special roads).

64E+W+SOmit section 91 (definition of “local authority” for the purposes of Part VI).

65(1)Section 92 of the M3Road Traffic Regulation Act 1984 (bollards and other obstructions outside Greater London) is amended as follows.E+W+S

(2)In subsection (1) for “the highway authority or, in Scotland, the local roads authority” substitute “ the traffic authority ”.

(3)For subsection (4) substitute—

“(4)The bollards or other obstructions authorised by an order under subsection (1) shall be placed on the road by the traffic authority, except as mentioned in section 93 below.”.

66(1)Section 93 of the Road Traffic Regulation Act 1984 (powers of Secretary of State in relation to functions under section 92) is amended as follows.E+W+S

(2)For subsection (1) substitute—

“(1)Where by virtue of an order under section 92(1) the Secretary of State has power to place bollards or other obstructions at a point on a road, he may authorise or require the traffic authority for any other road leading into or crossing that road at that point to place the bollards or other obstructions on that other road.”.

(3)In subsection (2) for “any authority” and in subsection (3) for “an authority” substitute “ a local traffic authority ”.

67(1)Section 94 of the Road Traffic Regulation Act 1984 (bollards and other obstructions in Greater London) is amended as follows.E+W+S

(2)In subsection (1) (powers of Secretary of State), for “which is not a trunk road” substitute “ for which he is not the traffic authority ”.

(3)In subsection (2) (powers of London borough council), for “which is not a trunk road and for which they are not the highway authority” substitute “ for which neither they nor the Secretary of State are the traffic authority ”.

(4)In subsection (4)—

(a)in paragraph (a) for “any trunk road” substitute “ any road for which he is the traffic authority ”; and

(b)in paragraph (b) for “which is not a trunk road and for which they are the highway authority” substitute “ for which they are the traffic authority ” and for “highway authority”, in the second place where it occurs, substitute “ traffic authority ”.

68E+W+SIn section 100(5) of the Road Traffic Regulation Act 1984 (definition of “local authority” for purposes of provisions about removal of abandoned vehicles, &c.), for paragraph (c) substitute—

“(c)in relation to Scotland, means a regional or islands council.”.

69E+W+SIn section 106 of the Road Traffic Regulation Act 1984 (initial experimental period for immobilisation of vehicles)—

(a)in subsection (7) (consent required for initial order), for “the authority responsible for traffic regulation in that area” substitute “ the local traffic authority ”; and

(b)omit subsection (8).

70E+W+SIn the M4Road Traffic Regulation Act 1984, at the beginning of Part X (general and supplementary provisions) insert—

“121A Traffic authorities.

(1)The Secretary of State is the traffic authority—

(a)for every highway in England and Wales for which he is the highway authority within the meaning of the Highways Act 1980, and

(b)for every road in Scotland for which he is the roads authority within the meaning of the Roads (Scotland) Act 1984.

(2)In Greater London, the council of the London borough or the Common Council of the City of London are the traffic authority for all roads in the borough or, as the case may be, in the City for which the Secretary of State is not the traffic authority.

(3)In England and Wales outside Greater London, the council of the county or metropolitan district are the traffic authority for all roads in the county or, as the case may be, the district for which the Secretary of State is not the traffic authority.

(4)In Scotland, the regional or islands council are the traffic authority in relation to all roads within their area for which the Secretary of State is not the traffic authority.

(5)In this Act “local traffic authority” means a traffic authority other than the Secretary of State.”.

71E+W+SIn section 122 of the Road Traffic Regulation Act 1984 (exercise of functions by local authorities), in subsection (1) for “the highway” or, in Scotland, “the road” substitute “ the highway or, in Scotland, the road ”.

72E+W+SIn section 124(2) of the Road Traffic Regulation Act 1984 (orders exercisable by statutory instrument), omit the reference to section 30.

73E+W+SIn section 125(3) of the Road Traffic Regulation Act 1984 (exercise of powers in relation to boundary roads), omit the reference to section 30(1).

74E+W+SIn section 130 of the Road Traffic Regulation Act 1984 (application of Act to Crown), in subsection (2)(a) for “76 to 91” substitute “ 76 to 90 ”.

75(1)Section 131 of the Road Traffic Regulation Act 1984 (application of road traffic enactments to Crown roads) is amended as follows.E+W+S

(2)In subsection (2)(a) (twice), and in subsection (2)(b), for “highway authority” or, in Scotland, “roads authority” substitute “ local traffic authority ”.

(3)In subsection (7)(b) for “a highway” or, in Scotland, “a public road” substitute “ a highway or, in Scotland, a public road ”.

76(1)Section 132 of the Road Traffic Regulation Act 1984 (special provisions as to certain Crown roads) is amended as follows.E+W+S

(2)In subsection (5)—

(a)for “the local authority concerned” substitute “ the traffic authority ”;

(b)for “the local authority may” substitute “ the traffic authority may ”; and

(c)for the words from “and any other power” to “as respects the Crown road” substitute “ and any other power conferred by section 65 to give directions to a local traffic authority includes power to give the like directions to them as respects the Crown road ”.

(3)Omit subsection (6) (definition of “local authority concerned”).

77E+W+SIn section 134(2) of the M5Road Traffic Regulation Act 1984 (regulations excepted from obligation to consult), for “82(1),” substitute “ 82(1)(b), ”.

78(1)Section 142(1) of the Road Traffic Regulation Act 1984 (general interpretation provisions) is amended as follows.E+W+S

(2)Omit the definitions of “highway authority”, “local highway authority”, “local roads authority” and “roads authority”.

(3)At the appropriate place insert—

““off-street parking accommodation” means parking accommodation for motor vehicles off the highway or, in Scotland, off the road;”.

(4)For the definition of “road” substitute—

““road”—

(a)in England and Wales, means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes, and

(b)in Scotland, has the same meaning as in the Roads (Scotland) Act 1984;”.

(5)For the definition of “special road” substitute—

““special road”, in England and Wales, has the same meaning as in the Highways Act 1980, and in Scotland has the same meaning as in the Roads (Scotland) Act 1984;”.

(6)At the appropriate place insert—

““traffic authority” and “local traffic authority” have the meaning given by section 121A of this Act;”.

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79E+WIn Schedule 3 to the Road Traffic Regulation Act 1984 (notification of temporary traffic restrictions), in paragraph 1(1) and (3), and in paragraph 3(2), for “the highway authority” substitute “ the traffic authority ”.

80(1)Schedule 9 to the Road Traffic Regulation Act 1984 (special provisions as to certain orders) is amended as follows.E+W+S

(2)In paragraph 13(1) (orders requiring consent of Secretary of State), in paragraph (b) for “a trunk road”substitute “ a road for which the Secretary of State is the traffic authority ”.

(3)In paragraph 20(1) (consultation before orders are made), omit the reference to section 30.

(4)In paragraphs 21 and 23(1)(a) (procedure regulations), omit the words “other than section 30 of this Act”.

(5)In paragraph 24(b) (procedure regulations for certain orders) for “trunk roads” substitute “ roads for which he is the traffic authority ”.

(6)In paragraph 25 (power to make different provision in each case and as to posting notices)—

(a)for the word “highway authority”or, in Scotland, “roads authority”substitute “ traffic authority ”, and

(b)for the word “highway”n the two other places where it appears substitute the word “ road ”

(7)In paragraph 27(1) (variation or revocation of orders), omit the reference to section 30.