Road Traffic Regulation Act 1984, section 122

Exercise of functions by strategic highways companies or local authorities

Part X General and Supplementary Provisions

(1)It shall be the duty of [F701everyF701][F702 strategic highways company andF702] local authority upon whom functions are conferred by or under this Act, so to exercise the functions conferred on them by this Act as (so far as practicable having regard to the matters specified in subsection (2) below) to secure the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians) and the provision of suitable and adequate parking facilities on and off [F703the highway or, in Scotland the roadF703] .

(2)The matters referred to in subsection (1) above as being specified in this subsection are—

(a)the desirability of securing and maintaining reasonable access to premises;

(b)the effect on the amenities of any locality affected and (without prejudice to the generality of this paragraph) the importance of regulating and restricting the use of roads by heavy commercial vehicles, so as to preserve or improve the amenities of the areas through which the roads run;

[F704 (bb)the strategy prepared under section 80 of the Environment Act 1995 (national air quality strategy);F704]

(c)the importance of facilitating the passage of public service vehicles and of securing the safety and convenience of persons using or desiring to use such vehicles; and

(d)F706,F706any other matters appearing to [F705the strategic highways company orF705] ... the local authority ... to be relevant.

[F707 (3)The duty imposed by subsection (1) above is subject to the provisions of Part II of the Road Traffic Act 1991.F707]

Definitions used in section 122 6

strategic highways company

“strategic highways company” means a company appointed under section 1 of the Infrastructure Act 2015 ;

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

(2) In this paragraph “local authority” has the meaning assigned to it by section 45(7) of this Act .

Defined in Sch.9 para.6(2) · see it in the full Act

“local authority” means the council of a London borough or the Common Council of the City of London;

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

19 For the purposes of the application of any provisions of the Interpretation Act 1978 , or of paragraphs 2 to 5 of this Schedule, in relation to any subordinate legislation made, or having effect as if made, under any enactment consolidated by this Act, “foot passengers” shall be taken to have the same meaning as “pedestrians”; and any reference in any such subordinate legislation to foot passengers or to foot passenger traffic shall be construed accordingly.

Defined in Sch.10 para.19 · see it in the full Act
road

“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
heavy commercial vehicle

(1) Subject to subsections (4) to (7) below, in this Act “heavy commercial vehicle” means any goods vehicle which has an operating weight exceeding 7.5 tonnes.

Defined in s.138(1) · see it in the full Act
public service vehicle

“public service vehicle” has the same meaning as in the Public Passenger Vehicles Act 1981 ;

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

Cases considering section 122 33

A & E Baines v The North Yorkshire Council

[2026] EWCA Civ 257 · 12 March 2026Interprets

Interprets section 122 as requiring a substantive balancing exercise. The movement-of-traffic duty is qualified by the matters in section 122(2), and is assessed with the statutory purposes for making the order. (see paras [9]; [26]; [54]-[58]) Applies the duty in section 122(1) to secure, so far as practicable, the expeditious, convenient and safe movement of vehicular and other traffic, including pedestrians. The duty is not given primacy over the matters in section 122(2). (see paras [26]; [54]-[55]) Applies section 122(2) as setting out matters to which the authority must have regard so far as practicable. The report addressed those matters, and the Court found the statutory balancing exercise fulfilled in substance. (see paras [26]; [54]-[58]) Applies section 122(2)(a) by requiring consideration of reasonable access to premises. The report expressly addressed that consideration and officers were satisfied that the Orders maintained reasonable access. (see para [26]) Applies section 122(2)(b) by requiring regard to the effect on local amenities. That consideration forms part of the balancing exercise alongside traffic movement and was addressed in the report. (see paras [26]; [55]-[58]) Applies section 122(2)(c) by recognising the importance of facilitating public service vehicles and the safety and convenience of their users. The report considered improved bus access and journey times. (see paras [9]; [23]-[26]; [60]) Applies section 122(2)(d) as permitting regard to other matters appearing relevant to the authority. The authority could consider the wider transport scheme and strategic aims as part of its assessment. (see paras [9]; [26]; [55]-[58])

Isle of Wight Council & Ors v HM Revenue and Customs

[2015] EWCA Civ 1303 · 16 December 2015Interprets

Section 122 was read as permitting regard to the overall constraint of meeting the cost of providing parking when exercising statutory parking functions. Cost was not merely a tail-end consideration after all policy factors. (see paras [49]; [54]; [66]-[70]) The duty to secure suitable and adequate parking formed part of the statutory context for pricing. It did not prevent local authorities from considering the cost of providing off-street parking. (see paras [8]; [54]; [70]) The court treated the matters listed in section 122(2) as part of the policy context in which charges are fixed, while recognising that cost constraints may also be relevant. (see paras [8]; [68]-[70]) The court indicated, without deciding, that the constraint of maintaining a departmental balanced budget might be a relevant matter under section 122(2)(d). (see para [68])

Djanogly v Westminster City Council

[2011] EWCA Civ 432 · 19 April 2011Interprets

Cited only. The duty was interpreted as governing the exercise of the charging power. Charging could be justified by a rational contribution to traffic-management benefits, including the provision of suitable and adequate parking facilities (see paras [6], [11], [16]-[22]). The court held that the matters specified in subsection (2) guide the section 122(1) duty, while the additional-relevance limb is confined to matters that are rationally relevant (see paras [6], [22]). Fairness between motorcyclists and car drivers, including the fair allocation of continuing maintenance and enforcement costs, was treated as a rationally relevant consideration supporting the charging provisions (see paras [22]-[24]).

13 more judgments, and what each says about section 122, are in the case-law panel in the full Act.

Amendments and notes

20 notes from legislation.gov.uk

Amendments

  1. F700Words in s. 122 heading inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 96(4); S.I. 2015/481, reg. 2(a)
  2. F701Word in s. 122(1) substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(34)
  3. F702Words in s. 122(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 96(2); S.I. 2015/481, reg. 2(a)
  4. F703Words in s. 122(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 71; S.I. 1991/2286, art. 2(2), Sch. 2; S.I. 1991/2288, art. 3, Sch.
  5. F704S. 122(2)(bb) inserted (1.2.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 36(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2
  6. F706Words in s. 122(2)(d) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17
  7. F705Words in s. 122(2)(d) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 96(3); S.I. 2015/481, reg. 2(a)
  8. F707S. 122(3) added (1.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 81, Sch. 7 para. 7; S.I. 1991/2054, art. 3, Sch.

Modifications

  1. C289S. 122 excluded by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(2), Sch. 5 para. 9
  2. C290S. 122 applied by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 19A (8) (as inserted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 para. 22(1))
  3. C291S. 122 applied (3.7.2000) by 1991 c. 40, s. 74(11) (as inserted (3.7.2000) by 1999 c. 29, s. 284 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.)
  4. C292S. 122 applied (25.8.2020) by Birmingham Commonwealth Games Act 2020 (c. 10), ss. 27(5), 33
  5. C293S. 122(2)(c) modified (24.7.2001) by S.I. 2001/3627, art. 53(5)
  6. C294S. 122(2)(c) modified (9.6.2009) by The Nottingham Express Transit System Order 2009 (S.I. 2009/1300), art. 49(5) (with art. 84, Sch. 16)
  7. C295S. 122(2)(c) modified (6.11.2013) by The Transport for Greater Manchester (Light Rapid Transit System) (Second City Crossing) Order 2013 (S.I. 2013/2587), arts. 1, 40(5) (with arts. 42, 43)
  8. C296S. 122(2)(c) modified (14.6.2016) by The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016 (S.I. 2016/545), arts. 1, 33(5) (with art. 39)
  9. C297S. 122(2)(c) modified (2.8.2016) by The Midland Metro (Wolverhampton City Centre Extension) Order 2016 (S.I. 2016/684), arts. 1, 42(5) (with arts. 46, 47, Sch. 9 para. 4, Sch. 10 para. 12(2))
  10. C298S. 122(2)(c) modified (24.11.2016) by The Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016 (S.I. 2016/1035), arts. 1, 41(5) (with arts. 43, 44)
  11. C299S. 122(2)(c) modified (4.1.2018) by The Blackpool Tramway (Blackpool North Extension) Order 2017 (S.I. 2017/1214), arts. 1, 40(5) (with arts. 58, 59)
  12. C300S. 122(2)(c) modified (4.3.2020) by The Midland Metro (Birmingham Eastside Extension) Order 2020 (S.I. 2020/141), arts. 1, 43(4) (with arts. 47, 48, Sch. 10 para. 19)