Road Traffic Regulation Act 1984, section 10

Supplementary provisions as to experimental traffic orders

Part I General Provisions for Traffic Regulation

(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.

F49 (2)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.

F50 (3)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 [F51commissioner 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 certifiesF51] 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)The Secretary of State may repay to [F52a London borough council or the Common Council of the City of LondonF52] any expenses incurred by [F52that councilF52] in connection with any experimental traffic order made by them.

[F53 (6)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.F53]

Definitions used in section 10 7

experimental traffic order

“experimental traffic order” has the meaning assigned to it by section 9(1) of this Act ;

Defined in s.142(1) · see it in the full Act
street

(6) In this section, in section 7 of this Act and in Schedule 1 to this Act “street” includes any highway, any bridge carrying a highway and any lane, mews, footway, square, court, alley or passage whether a thoroughfare or not; and in subsection (4) above “the prescribed manner” means the manner prescribed by regulations made by the Secretary of State which were or are in force at the time of publication of the notice.

Defined in s.6(6) · see it in the full Act
road

(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 .

Defined in s.9(6) · see it in the full Act

“road” means a highway (including a public path) and any other road, lane, footway, square, court, alley or passage (whether a thoroughfare or not) to which the public has access, but does not include a road provided or to be provided in pursuance of a scheme made, or having effect as if made, under section 16 of the Highways Act 1980 (which relates to special roads) .

Defined in s.60(4) · see it in the full Act

“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;

Defined in s.142(1) · see it in the full Act
street parking place

“street parking place” and “off-street parking place” refer respectively to parking places on land which does, and on land which does not, form part of a road;

Defined in s.142(1) · see it in the full Act
charges

“charges” includes fares, rates, tolls and dues of every description;

Defined in s.43(14) · see it in the full Act
licence

“licence” means a licence under this section;

Defined in s.43(14) · see it in the full Act
prescribed

“prescribed” means prescribed by regulations made under this section;

Defined in s.43(14) · see it in the full Act

“prescribed” means prescribed by regulations made by the Secretary of State;

Defined in s.142(1) · see it in the full Act

Cases considering section 10 4

Sophia Bouchti v London Borough of Enfield

[2022] EWHC 2809 (Admin) · 9 November 2022Interprets

Provides for modification or suspension of an experimental order in specified interests. The June 2021 order was treated as a variation because it expressly superseded the earlier order. (see paras [19], [45])

KEYHOLE BRIDGE USER SAFETY GROUP (R on the application of) v BOURNEMOUTH, CHRISTCHURCH AND POOLE COUNCIL

[2021] EWHC 3082 (Admin) · 18 November 2021Limits

Confirms that the specified statutory modification or suspension power was not used in this case and did not prevent the Council relying on its general power to revoke the order. (see paras [28]; [45])

Tomkins v City of London Corporation

[2020] EWHC 3357 (Admin) · 8 December 2020

The court referred to the statutory power to modify or suspend an experimental order when distinguishing a challenge to continuation from a challenge to the order’s making. (see paras [54]; [127]-[128])

What each judgment says about section 10 is in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F49S. 10(2) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) s. 168(1), Sch. 8 para. 24(2); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2. and for England and Wales only by S.I. 1991/2288, art. 3,Sch.
  2. F50S. 10(3) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) s. 168(1), Sch. 8 para. 24(3); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch.2. and for England and Wales only by S.I. 1991/2288, art. 3, Sch.
  3. F51Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 1(3), Sch. 1 para. 15(3)(a)
  4. F52Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(5)
  5. F53S. 10(6) inserted by Transport Act 1985 (c. 67, SIF 126), s. 1(3), Sch. 1 para. 15(3)(b)