Road Traffic Regulation Act 1984, section 84

Speed limits on roads other than restricted roads

Part VI Speed Limits

[F455 ( 1 )An order made under this subsection as respects any road may prohibit—

(a)the driving of motor vehicles on that road at a speed exceeding that specified in the order,

(b)the driving of motor vehicles on that road at a speed exceeding that specified in the order during periods specified in the order, or

(c)the driving of motor vehicles on that road at a speed exceeding the speed for the time being indicated by traffic signs in accordance with the order.

( 1A )An order made by virtue of subsection (1)(c) above may—

(a)make provision restricting the speeds that may be indicated by traffic signs or the periods during which the indications may be given, and

(b)provide for the indications to be given only in such circumstances as may be determined by or under the order;

but any such order must comply with regulations made under subsection (1B) below, except where the [F456 national authorityF456] authorises otherwise in a particular case.

(1B)The [F457 national authorityF457] may make regulations governing the provision which may be made by orders of [F458 strategic highways companies orF458] local authorities under subsection (1)(c) above, and any such regulations may in particular—

(a)prescribe the circumstances in which speed limits may have effect by virtue of an order,

( b )prescribe the speed limits which may be specified in an order, and

(c)make transitional provision and different provision for different cases.F455]

F459 ( 2 )The power to make an order under subsection (1) is exercisable by the traffic authority, who shall before exercising it in any case give public notice of their intention to do so.

(3)While an order [F460made by virtue of subsection (1)(a)F460] above is in force as respects a road, that road shall not be a restricted road for the purposes of section 81 of this Act.

(4)This section does not apply to any part of a special road which is open for use as a special road.

(5)Section 68(1)(c) of this Act shall apply to any order made under subsection (1) above.

F461 ( 6 )Any reference in a local Act to roads subject to a speed limit shall, unless the contrary intention appears, be treated as not including a reference to roads subject to a speed limit imposed only by virtue of subsection (1)(b) or (c) above.

Definitions used in section 84 10

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
driving

“driver”, where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle, and “drive” and “driving” shall be construed accordingly;

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

“driver”, where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle, and “drive” and “driving” shall be construed accordingly;

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

(1) In this Act, subject to section 20 of the Chronically Sick and Disabled Persons Act 1970 (which makes special provision with respect to invalid carriages) , “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, and “trailer” means a vehicle drawn by a motor vehicle.

Defined in s.136(1) · see it in the full Act

(1) In this Act, subject to section 20 of the Chronically Sick and Disabled Persons Act 1970 (which makes special provision with respect to invalid carriages) , “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, and “trailer” means a vehicle drawn by a motor vehicle.

Defined in s.136(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
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
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
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

Cases considering section 84 5

Director of Public Prosecutions v Evans

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

Confirms that section 84(1) provides a separate power to impose speed limits, including limits other than 30 mph. Its overlap with section 82(2)(b) does not justify restricting either power. (see para [7]) Confirms that the provision may prohibit driving above a specified speed and therefore has a field of operation distinct from the 30 mph restricted-road regime. (see para [7]) Cited as part of the statutory context governing the relationship between an order under section 84(1)(a) and restricted-road status. (see para [4])

Brotherston & Ors v The Director of Public Prosecutions

[2012] EWHC 136 (Admin) · 3 February 2012

Identifies the statutory basis of the speeding convictions. The judgment does not separately construe section 84; the substantive issue is decided under section 20 of the Road Traffic Offenders Act 1988 (see para [1]).

Director of Public Prosecutions v Butler

[2010] EWHC 669 (Admin) · 4 March 2010

Applies as part of the statutory basis for the speeding charge, alongside section 89. The judgment does not construe section 84 separately. (see paras [2], [5])

What each judgment says about section 84 is in the case-law panel in the full Act.

Amendments and notes

12 notes from legislation.gov.uk

Amendments

  1. F455S. 84(1)(1A)(1B) substituted (1.7.1992) for s. 84(1) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 45(2); S.I. 1992/1286, art. 2,Sch.
  2. F456Words in s. 84(1A) substituted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 42(9), 72(7) (with Sch. 2 paras. 34(2), 35(2))
  3. F457Words in s. 84(1B) substituted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 42(9), 72(7) (with Sch. 2 paras. 34(2), 35(2))
  4. F458Words in s. 84(1B) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 88; S.I. 2015/481, reg. 2(a)
  5. F459S. 84(2) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 61(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.
  6. F460Words in s. 84(3) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 45(3); S.I. 1992/1286, art. 2,Sch.
  7. F461S. 84(6) added (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 45(4); S.I. 1992/1286, art. 2,Sch.

Modifications

  1. C241Ss. 83(2), 84 restricted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(2), Sch. 5 para. 6(3)
  2. C242Ss. 83(2), 84 restricted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8(2), Sch. 5 para. 12
  3. C243S. 84 restricted (4.1.1995) by S.I. 1994 c. 39, ss. 7(2), 44(2); S.I. 1994/2850, art 3(a), Sch. 2
  4. C244S. 84: power to make orders extended (S.) (1.4.2002) by The Forth Estuary Transport Authority Order 2002 (S.S.I. 2002/178), art. 9
  5. C245S. 84(1)(1A)(1B)(b): transfer of functions (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1, S.I. 1998/3178, art. 3