Road Traffic Regulation Act 1984, section 9

Experimental traffic orders

Part I General Provisions for Traffic Regulation

F40 (1) The traffic authority for a road may, for the purposes of carrying out an experimental scheme of traffic control, make an order under this section (referred to in this Act as an “experimental traffic order”) making any such provision—

(a)as respects a road outside Greater London, as may be made by a traffic regulation order;

(b)as respects a road in Greater London, as may be made by an order under section 6, 45, 46, 49, [F41 or 83(2) or by virtue of section 84(1)(a)F41] of this Act.

F42 (2)An experimental traffic order made by a local traffic authority outside Greater London may, with the consent of the Secretary of State [F43 or a strategic highways companyF43] , extend to a road in relation to which he [F44 or itF44] is the traffic authority if the order forms part of a scheme of general traffic control relating to roads of which at least one has a junction with the length of road in question.

(2A)In the case of a road in Greater London for which the Secretary of State [F45 or a strategic highways companyF45] is the traffic authority, the power to make an order under this section is also exercisable, with his [F46 or itsF46] consent, by the local traffic authority.

(3)An experimental traffic order shall not continue in force for longer than 18 months.

(4)Subject to Parts I to III of Schedule 9 of this Act, where—

(a)an experimental traffic order has been made for a period of less than 18 months, and

(b)the order has not ceased to be in force,

the authority by whom the order was made may from time to time by order direct that it shall continue in force for a further period ending not later than 18 months after it first came into force.

(5)Where an experimental traffic order made by [F47a London borough council or the Common Council of the City of LondonF47] has not ceased to be in force, and the Secretary of State is satisfied that—

(a)an order which [F47the councilF47] propose to make under any of the provisions of this Act specified in subsection (1)(b) above has the sole effect of reproducing and continuing in force indefinitely the provisions of the experimental traffic order (whether or not that order has been varied, or has been modified or suspended under section 10(2) of this Act), and

(b)in consequence of [F47the councilF47] causing a public inquiry to be held into the order so proposed to be made, they would be unable to make it so that it would come into operation before the experimental traffic order ceases to be in force,

the Secretary of State may, at the request of [F47the councilF47] , from time to time direct that the experimental traffic order shall continue in force for a further period not exceeding 6 months from the date when it would otherwise cease to be in force.

F48 (5A)So much of section 4(1) or 7(1) of this Act as provides for a presumption that a traffic sign is lawfully placed shall apply for the purposes of an order under this section making any such provision as is referred to in that subsection.

(6) In this section and section 10 of this Act “road”, in relation to Greater London, includes any street as defined by section 6(6) of this Act .

Definitions used in section 9 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
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
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
experimental traffic order

“experimental traffic order” has the meaning assigned to it by section 9(1) of this Act ;

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
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
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
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

Cases considering section 9 18

Sofia Sheakh (R on the application of) v London Borough of Lambeth Council

[2022] EWCA Civ 457 · 5 April 2022Defines

The provision empowers a Greater London traffic authority to make an experimental order for an experimental traffic-control scheme. The genuine experimental character of the orders was central to the contextual assessment of due regard (see paras [21]; [59]-[70]). The statutory 18-month limit confirmed that the orders were not permanent, which reduced the assessment required at that stage when combined with their genuine experimental purpose (see paras [21]; [59]). Cited only.

Green Lane Association Limited & Anor v Central Bedfordshire Council

[2026] EWHC 26 (Admin) · 12 January 2026Limits

Section 9 permits an experimental traffic order to make provision which could be made by a traffic regulation order, but only for a genuine experimental scheme. The 2025 order failed that requirement (see paras [25], [53]-[60], [116]). The court applied section 9(1) as requiring the order to be made for the purposes of carrying out an experimental scheme of traffic control. The Council had not identified the experiment or its terms (see paras [25], [53]-[60]). The court noted the statutory maximum duration of an experimental order when describing the experimental process, but the principal defect was the absence of a genuine and explained experiment (see paras [25], [59]).

West Dulwich Service Station Limited on behalf of West Dulwich Action Group v The London Borough of Lambeth

[2025] EWHC 1111 (Admin) · 9 May 2025

Applies the power to make experimental traffic orders and the maximum 18-month duration of such orders. The challenged orders were made under this experimental scheme (see paras [4], [56], [87]).

What each judgment says about section 9 is in the case-law panel in the full Act.

Amendments and notes

16 notes from legislation.gov.uk

Amendments

  1. F40S. 9(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 23(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. F41Words in s. 9(1)(b) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4, para. 24; S.I. 1992/1286, art. 2,Sch.
  3. F42S. 9(2)(2A) substituted (1.11.1991) for s. 9(2) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 23(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. F43Words in s. 9(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 74(2)(a); S.I. 2015/481, reg. 2(a)
  5. F44Words in s. 9(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 74(2)(b); S.I. 2015/481, reg. 2(a)
  6. F45Words in s. 9(2A) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 74(3)(a); S.I. 2015/481, reg. 2(a)
  7. F46Words in s. 9(2A) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 74(3)(b); S.I. 2015/481, reg. 2(a)
  8. F47Words in s. 9(5) substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(4)
  9. F48S. 9(5A) inserted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 23(4); which insertion 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.

Modifications

  1. C76S. 9 restricted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1(2), 8(2), Sch. 5 para. 6(3)
  2. C77S. 9 restricted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8(2), Sch. 5 para. 12
  3. C78S. 9 modified (1.7.1992) by S.I. 1992/1217, reg. 3(1)(c) (with reg. 11)
  4. C79S. 9: 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. C80S. 9: functions made exercisable (E.W.) (8.5.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(3), 17(1)(c)
  6. C81S. 9: 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), 20(1)(c)(2)-(7)
  7. C82S. 9: 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), 17(1)(2) (with art. 17(7))