Road Traffic Regulation Act 1984, section 14

Temporary prohibition or restriction on roads

Part II Traffic Regulation in Special Cases

(1)If the traffic authority for a road are satisfied that traffic on the road should be restricted or prohibited—

(a)because works are being or are proposed to be executed on or near the road; or

(b)because of the likelihood of danger to the public, or of serious damage to the road, which is not attributable to such works; or

(c)for the purpose of enabling the duty imposed by section 89(1)(a) or (2) of the Environmental Protection Act 1990 (litter clearing and cleaning) to be discharged,

the authority may by order restrict or prohibit temporarily the use of that road, or of any part of it, by vehicles, or vehicles of any class, or by pedestrians, to such extent and subject to such conditions or exceptions as they may consider necessary.

[F61 (1A)Before making an order under subsection (1) above, the authority shall consult the National Park authority for any National Park which would be affected by the order.F61]

(2)The traffic authority for a road may at any time by notice restrict or prohibit temporarily the use of the road, or of any part of it, by vehicles, or vehicles of any class, or by pedestrians, where it appears to them that it is—

(a)necessary or expedient for the reason mentioned in paragraph (a) or the purpose mentioned in paragraph (c) of subsection (1) above; or

(b)necessary for the reason mentioned in paragraph (b) of that subsection,

that the restriction or prohibition should come into force without delay.

(3)When considering the making of an order or the issue of a notice under the foregoing provisions an authority shall have regard to the existence of alternative routes suitable for the traffic which will be affected by the order or notice.

(4)The provision that may be made by an order or notice under the foregoing provisions is—

(a)any such provision as is mentioned in section 2(1), (2) or (3) or 4(1) of this Act; or

(b)any provision restricting the speed of vehicles;

but no such order or notice shall be made or issued with respect to any road which would have the effect of preventing at any time access for pedestrians to any premises situated on or adjacent to the road, or to any other premises accessible for pedestrians from, and only from, the road.

(5) Where any such order or notice is made or issued by an authority (in this subsection referred to as the “initiating authority”) any such provision as is mentioned in subsection (4) above may be made as respects any alternative road—

(a)if that authority is the traffic authority for the alternative road, by an order made by the initiating authority or by that notice;

(b)if the initiating authority is not the traffic authority for the alternative road, by an order made by the initiating authority with the consent of the traffic authority for the alternative road.

(6)Section 3(1) and (2) of this Act shall apply to the provisions that may be made under subsection (5) above as they apply to the provisions of a traffic regulation order.

(7)An order or notice made or issued under this section may—

(a)suspend any statutory provision to which this subsection applies; or

(b)for either of the reasons or for the purpose mentioned in subsection (1) above suspend any such provision without imposing any such restriction or prohibition as is mentioned in subsection (1) or (2) above.

(8)Subsection (7) above applies to—

(a)any statutory provision of a description which could have been contained in an order or notice under this section;

(b)an order under section 32(1)(b), 35, 45, 46 or 49 of this Act or any such order as is mentioned in paragraph 11(1) of Schedule 10 to this Act; and

(c)an order under section 6 of this Act so far as it designates any parking places in Greater London.

(9) In this section “alternative road”, in relation to a road as respects which an order is made under subsection (1) or a notice is issued under subsection (2) above, means a road which—

(a)provides an alternative route for traffic diverted from the first-mentioned road or from any other alternative road; or

(b)is capable of providing such an alternative route apart from any statutory provision authorised by subsection (7) above to be suspended by an order made or notice issued by virtue of subsection (5) above.F60]

Definitions used in section 14 5

traffic authority

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

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

“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
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
traffic regulation order

(1) The traffic authority for a road outside Greater London may make an order under this section (referred to in this Act as a “traffic regulation order”) in respect of the road where it appears to the authority making the order that it is expedient to make it—

(a)for avoiding danger to persons or other traffic using the road or any other road or for preventing the likelihood of any such danger arising, or

(b)for preventing damage to the road or to any building on or near the road, or

(c)for facilitating the passage on the road or any other road of any class of traffic (including pedestrians), or

(d)for preventing the use of the road by vehicular traffic of a kind which, or its use by vehicular traffic in a manner which, is unsuitable having regard to the existing character of the road or adjoining property, or

(e)(without prejudice to the generality of paragraph (d) above) for preserving the character of the road in a case where it is specially suitable for use by persons on horseback or on foot, or

(f)for preserving or improving the amenities of the area through which the road runs or

(g)for any of the purposes specified in paragraphs (a) to (c) of subsection (1) of section 87 of the Environment Act 1995 (air quality).

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

(1) The traffic authority for a road outside Greater London may make an order under this section (referred to in this Act as a “traffic regulation order”) in respect of the road where it appears to the authority making the order that it is expedient to make it—

(a)for avoiding danger to persons or other traffic using the road or any other road or for preventing the likelihood of any such danger arising, or

(b)for preventing damage to the road or to any building on or near the road, or

(c)for facilitating the passage on the road or any other road of any class of traffic (including pedestrians), or

(d)for preventing the use of the road by vehicular traffic of a kind which, or its use by vehicular traffic in a manner which, is unsuitable having regard to the existing character of the road or adjoining property, or

(e)(without prejudice to the generality of paragraph (d) above) for preserving the character of the road in a case where it is specially suitable for use by persons on horseback or on foot, or

(f)for preserving or improving the amenities of the area through which the road runs or

(g)for any of the purposes specified in paragraphs (a) to (c) of subsection (1) of section 87 of the Environment Act 1995 (air quality).

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

“traffic regulation order” has the meaning assigned to it by section 1 of this Act .

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

“statutory”, in relation to any prohibition, restriction, requirement or provision, means contained in, or having effect under, any enactment (including any enactment contained in this Act);

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

Cases considering section 14 9

United Trade Action Group Ltd & Anor, R (On the Application Of) v Transport for London & Anor

[2021] EWHC 72 (Admin) · 20 January 2021

The court applied the temporary-order power to the A10 Order and accepted that TfL could restrict traffic where satisfied that restriction was necessary because of likely danger to the public. The exercise remained subject to the statutory duties in section 122 and other public-law requirements. (see paras [6], [78], [96], [163]-[166])

Sheffield City Council v Fairhall & Ors (Rev 1)

[2017] EWHC 2121 (QB) · 15 August 2017

The court applies the power to restrict or prohibit temporarily the use of a road or part of it for works. The orders made under the provision lawfully excluded persons from safety zones and made continued presence there unlawful (see paras [46]-[47], [68]).

Castle v Crown Prosecution Service

[2014] EWHC 587 (Admin) · 24 January 2014Interprets

Interprets the power to restrict road use subject to conditions or exceptions considered necessary. It is wide enough to authorise temporal and geographical conditions, including variable speed limits (see paras [3], [8]-[12]). Applies the power to make a temporary restriction where works are being or are proposed to be executed on or near the road. The Order was made under this power and its scope was held wide enough to support variable speed restrictions (see paras [1], [5], [8]). Applies the express reference to provisions restricting vehicle speed as confirming that speed restrictions may be included in an order under section 14. It supports the conclusion that variable speed restrictions are authorised (see paras [3], [8]). Confirms the statutory basis relied on for the temporary restriction Order. The court upheld the Order as made under the combined statutory powers (see paras [1], [5]).

What each judgment says about section 14 is in the case-law panel in the full Act.

Amendments and notes

12 notes from legislation.gov.uk

Amendments

  1. F60S. 14 substituted (1.7.1992) by Road Traffic (Temporary Restrictions) Act 1991 (c. 26, SIF 107:1), s. 1(1), Sch. 1; S.I. 1992/1218, art. 2
  2. F61S. 14(1A) inserted (S.) (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 11(1) (with s. 32); S.S.I. 2000/312, art. 2

Modifications

  1. C85S. 14 modified (1.7.1992) by S.I. 1992/1217, reg. 4(1) (with reg. 11)
  2. C86S. 14: power to make orders extended (S.) (1.4.2002) by The Forth Estuary Transport Authority Order 2002 (S.S.I. 2002/178), art. 9
  3. C87S. 14: transfer of functions (23.3.2005) by The Scotland Act 1998 (Transfer of functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 2, Sch. (with transitional provisions and savings in art. 6)
  4. C88S. 14 restricted (29.3.2017) by The Housing (Scotland) Act 2014 (Commencement No. 7, Amendment and Saving Provision) Order 2017 (S.I. 2017/330), arts. 1, 13(8) (with art. 31)
  5. C89S. 14 modified (E.W.) (25.8.2020) by Birmingham Commonwealth Games Act 2020 (c. 10), ss. 26(1), 33
  6. C90S. 14 applied (with modifications) (22.6.2007) by The Road Tunnel Safety Regulations 2007 (S.I. 2007/1520), reg. 7(3)(7) (with reg. 3) (as amended (28.5.2021) by The Road Tunnel Safety (Amendment) Regulations 2021 (S.I. 2021/552), regs. 1, 6)
  7. C91S. 14(1)-(3)(5): certain functions transferred (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1; S.I. 1998/3178, art. 2, Sch. 1
  8. C92S. 14(1) applied (with modifications) (S.) (13.11.2009) Glasgow Commonwealth Games Act 2008 (asp 4), ss. 38(1)-(3), 49; S.S.I. 2009/377, art. 2, Sch.
  9. C93S. 14(2) modified (E.W.) by Dartford-Thurrock Crossing Act 1988 (c. 20, SIF 59), ss. 19, 24(1) (as amended (1.7.1992) by Road Traffic (Temporary Restrictions) Act 1991 (c. 26, SIF 107:1), s. 2(6)(7); S.I. 1992/1218, art. 2)
  10. C94S. 14(2) modified (26.4.1992) by Severn Bridges Act 1992 (c. 3), s. 22(1); S.I. 1992/578, art. 2.