Road Traffic Regulation Act 1984, section 82

What roads are restricted roads

Part VI Speed Limits

(1) Subject to the provisions of this section and of section 84(3) of this Act, a road is a restricted road for the purposes of section 81 of this Act[F443 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 [F444 Scottish MinistersF444] .F443]

(2)[F445 The traffic authority for a road may directF445]

(a)that [F445the roadF445] which is a restricted road for the purposes of section 81 of this Act shall cease to be a restricted road for those purposes, or

(b)that [F445the roadF445] which is not a restricted road for those purposes shall become a restricted road for those purposes.

[F446 ( 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 [F447 manner prescribed in regulations made by the national authorityF447] , 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.F446]

Definitions used in section 82 6

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
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
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
special road

“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 ;

Defined in s.142(1) · 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
national authority

“national authority” —

(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;

(aa)

in relation to Wales, means the Welsh Ministers;

(b)

otherwise, means the Secretary of State

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

Cases considering section 82 7

Humber v Director of Public Prosecutions

[2008] EWHC 2932 (Admin) · 17 November 2008Limits

Section 82 was applied to determine whether the road was a restricted road. The statutory street-lighting criterion made the 30 miles per hour limit applicable independently of signage (see paras [3]–[9], [13]–[15]). Section 82(1) defines a restricted road, in England and Wales, by reference to a system of street lighting with lamps no more than 200 yards apart. The road satisfied that definition (see paras [5], [9], [14]). The court recorded that section 82(2) permits a traffic authority to direct that a road otherwise meeting the restricted-road definition ceases to be one. Arguments based on that provision were abandoned and were not decided (see para [6]).

Martin v Harrow Crown Court

[2007] EWHC 3193 (Admin) · 7 December 2007Interprets

The court interpreted section 82(1)(a) as requiring proof that the road had a system of street lighting with lamps placed not more than 200 yards apart. An assumption or unsupported assertion that the lamps were probably within that distance did not satisfy the prosecution’s burden (see paras [9]–[10], [19]–[22]).

Director of Public Prosecutions v Evans

[2004] EWHC 2785 (Admin) · 20 October 2004Limits

Defines a restricted road by reference to a qualifying system of street lighting. The court treated this as the actual definition, while recognising that section 82(2)(b) permits an authority to direct a departure from that definition. (see paras [4], [14]) The court read section 82(2) as part of the statutory scheme, including the powers in paragraphs (a) and (b), without limiting paragraph (b) to roads already within section 82(1). (see paras [4], [14]-[15]) Confirms the existence of a de-restriction power, but rejects the argument that section 82(2)(b) merely reverses an earlier direction under this paragraph. (see paras [4], [7]) Interprets the power as permitting a traffic authority to direct that a road which is not a restricted road becomes one, including a road lacking the lighting required by section 82(1). The orders made under that power were therefore lawful. (see paras [6]-[7], [13]-[15])

What each judgment says about section 82 is in the case-law panel in the full Act.

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F443Words in s. 82(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 59(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. F444Words in s. 82(1)(b) substituted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 42(5)(a), 72(7) (with Sch. 2 paras. 34(2), 35(2))
  3. F445Words in s. 82(2) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 59(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.
  4. F446S. 82(3) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), ss. 168(1), Sch. 8 para. 59(4); 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.
  5. F447Words in s. 82(3) substituted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 42(5)(b), 72(7) (with Sch. 2 paras. 34(2), 35(2))

Modifications

  1. C237S. 82(1)(b)(2)(3): transfer of functions (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1
  2. C238S. 82(2): power to make orders extended (S.) (1.4.2002) by The Forth Estuary Transport Authority Order 2002 (S.S.I. 2002/178), art. 9