(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 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 Scottish Ministers .
(2) The traffic authority for a road may direct
(a)that the road 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 the road which is not a restricted road for those purposes shall become a restricted road for those purposes.
( 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 manner prescribed in regulations made by the national authority , 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.
Cases considering section 82 7
[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]).
[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]).
[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.