Road Traffic Regulation Act 1984, section 65

Powers and duties of traffic authorities as to placing of traffic signs

Part V Traffic Signs

[F350 (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 F351... or such other directions as may be given by the [F352 relevant authorityF352] .F350]

[F353 (1A)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.F353]

[F354 (2)The [F352 relevant authorityF352] may give directions to [F355 a strategic highways company orF355] a local traffic authority—F354]

(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)The power [F356of the Secretary of StateF356][F357 or the Welsh MinistersF357] to give general directions under subsection (1) above shall be exercisable by statutory instrument.

[F358 (3ZA)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 [F359 the Welsh Ministers andF359] the Scottish Ministers.

(3ZC)Before [F360 the Welsh Ministers or the Scottish Ministers give a general direction under subsection (1) theyF360] must consult with the Secretary of State.F358]

[F361 (3A)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—

(i)the sign conveys information of a temporary nature or is otherwise intended to be placed only temporarily; and

(ii)the sign is to be placed by a body which is prescribed [F362 in regulations made by the [F352 relevant authorityF352,F362]] for the purposes of this subsection as being a body appearing to the [F352 relevant authorityF352] to be representative of the interests of road users or any class of road users.F361]

(4)In this section—

  • “authorised character” means a character authorised by the [F352 relevant authority F352] ; and

  • “prescribed type” means a type prescribed by regulations made under section 64(1)(a) of this Act .

[F363 (5) 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.F363]

Definitions used in section 65 8

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
traffic sign

(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—

(a)specified by regulations made by the relevant authority , or

(b)authorised by the relevant authority ,

Defined in s.64(1) · see it in the full Act

“traffic sign” has the meaning assigned to it by section 64(1) of this Act ; and

Defined in s.142(1) · 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
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 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

(5) In this Act “local traffic authority” means a traffic authority other than

Defined in s.121A(5) · 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
charges

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

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 65 8

Larner v Solihull MBC

[2000] EWCA Civ 359 · 20 December 2000Interprets

The court interpreted section 65 as conferring only a power to place traffic signs, subject to ministerial directions. It did not create a duty to place an advance warning sign (see [Duty of Care]).

Gorringe (by her litigation Friend June Elizabeth Todd)(FC) (Appellants) v. Calderdale Metropolitan Borough Council (Respondents)

[2004] UKHL 15 · 1 April 2004

The section confers traffic-sign powers subject to statutory directions. Those public law powers did not themselves create a private duty to exercise them. The Council, as traffic authority, had power to place or permit traffic signs in conformity with ministerial directions. The existence of that power did not impose a common law duty to provide a warning.

Gorringe v Calderdale Metropolitan Borough Council

[2002] EWCA Civ 595 · 2 May 2002Limits

Section 65 was treated as authorising the placement of traffic signs without creating a corresponding duty to place them. It was not the statutory basis of the claim.

What each judgment says about section 65 is in the case-law panel in the full Act.

Amendments and notes

41 notes from legislation.gov.uk

Amendments

  1. F349Word in s. 65 heading substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 82(3); S.I. 2015/481, reg. 2(a)
  2. F350S. 65(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 48(2); S.I. 1991/2286, art. 2(2), Sch. 2; S.I. 1991/2288, art. 3, Sch.
  3. F351Words in s. 65(1) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), ss. 41(5), 72(7) (with Sch. 2 paras. 34(2), 35(2))
  4. F352Words in s. 65 substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 37(2) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(r)
  5. F353S. 65(1A) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 29; S.I. 1992/1286, art. 2, Sch.
  6. F354Words in s. 65(2) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 48(3); S.I. 1991/2286, art. 2(2), Sch. 2; S.I. 1991/2288, art. 3, Sch.
  7. F355Words in s. 65(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 82(2); S.I. 2015/481, reg. 2(a)
  8. F356Words in s. 65(3) inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 41(7), 72(7) (with Sch. 2 paras. 34(2), 35(2))
  9. F357Words in s. 65(3) inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 37(3) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(r)
  10. F358S. 65(3ZA)-(3ZC) inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 41(8), 72(7) (with Sch. 2 paras. 34(2), 35(2))
  11. F359Words in s. 65(3ZB) inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 37(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(r)
  12. F360Words in s. 65(3ZC) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 37(5) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(r)
  13. F361S. 65(3A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 153(1)(2)
  14. F362Words in s. 65(3A)(ii) inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 41(9), 72(7) (with Sch. 2 paras. 34(2), 35(2))
  15. F363S. 65(5) inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 37(6) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(r)

Modifications

  1. C187S. 65: transfer of certain functions to the Secretary of State by S.I. 1986/315, art. 3(1) and by S.I. 1986/316, art. 3(1)
  2. C188S. 65 applied (with modifications) (6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), s. 1, Sch. s. 3(2).
  3. C189S. 65 extended (9.6.2009) by The Nottingham Express Transit System Order 2009 (S.I. 2009/1300), art. 49(3) (with art. 84, Sch. 16)
  4. C190S. 65: transfer of functions (E.W.) (1.4.2011) by The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), arts. 1, 8(1)(a)
  5. C191S. 65 extended (22.8.2013) by The Leeds Railway Station (Southern Entrance) Order 2013 (S.I. 2013/1933), arts. 1, 38(3)
  6. C192S. 65 extended (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(3) (with arts. 42, 43)
  7. C193S. 65 modified (2.8.2016) by The Midland Metro (Wolverhampton City Centre Extension) Order 2016 (S.I. 2016/684), arts. 1, 42(3) (with arts. 46, 47, Sch. 9 para. 4, Sch. 10 para. 12(2))
  8. C194S. 65 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(3) (with arts. 43, 44)
  9. C195S. 65 extended (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 35(3) (with art. 32(2))
  10. C196S. 65 excluded (4.1.2018) by The Blackpool Tramway (Blackpool North Extension) Order 2017 (S.I. 2017/1214), arts. 1, 40(3) (with arts. 58, 59)
  11. C197S. 65 modified (4.3.2020) by The Midland Metro (Birmingham Eastside Extension) Order 2020 (S.I. 2020/141), arts. 1, 43(3) (with arts. 47, 48, Sch. 10 para. 19)
  12. C198S. 65: functions made exercisable concurrently (E.W.) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 21(1)(b)(2)-(5)
  13. C199S. 65 modified (18.7.2023) by The Longfield Solar Farm Order 2023 (S.I. 2023/734), arts. 1, 14(1)
  14. C200S. 65: functions made exercisable concurrently (E.W.) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 18(1)(2) (with art. 18(5))
  15. C201S. 65 modified (18.12.2024) by The Network Rail (Leeds to Micklefield Enhancements) Order 2024 (S.I. 2024/1284), arts. 1, 43(3) (with Sch. 15)
  16. C202S. 65 modified (15.2.2025) by The West Burton Solar Project Order 2025 (S.I. 2025/116), arts. 1, 15(1) (with art. 47, Sch. 15)
  17. C203S. 65 modified (27.2.2025) by The Associated British Ports (Immingham Green Energy Terminal) Order 2025 (S.I. 2025/165), arts. 1, 56(3) (with arts. 48, 59, Sch. 14)
  18. C204S. 65 modified (13.11.2025) by The Stonestreet Green Solar Order 2025 (S.I. 2025/1175), arts. 1, 16(1) (with art. 40, Sch. 13)
  19. C205S. 65 modified (27.11.2025) by The Cory Decarbonisation Project Order 2025 (S.I. 2025/1227), arts. 1, 20(1)(2) (with Sch. 12)
  20. C206S. 65 modified (11.3.2026) by The Fenwick Solar Farm Order 2026 (S.I. 2026/151), arts. 1, 17(1) (with Sch. 14)
  21. C207S. 65 modified (5.6.2026) by The North Falls Offshore Wind Farm Order 2026 (S.I. 2026/567), arts. 1, 14(1) (with arts. 44, 45, Sch. 14)
  22. C208S. 65 modified (30.7.2026) by The One Earth Solar Farm Order 2026 (S.I. 2026/934), arts. 1, 16(2) (with art. 47)
  23. C209S. 65 modified (14.9.2026) by The Beacon Fen Energy Park Order 2026 (S.I. 2026/1025), arts. 1, 19(1) (with art. 39, Sch. 11 para. 131)
  24. C210S. 65(1) extended (18.6.1992) by British Railways (No. 2) Act 1992 (c. xi), s. 14(3)(b)
  25. C211S. 65(1) applied (S.) (10.1.2022) by Transport (Scotland) Act 2019 (asp 17), ss. 53(4), 130(2) (with s. 126); S.S.I. 2021/428, reg. 2, sch.
  26. C212S. 65(2)(3A)(b)(ii): transfer of functions (1.7.1999) by S.I. 1999/1750, art. 2 Sch. 3; S.I. 1998/3178, art. 3