Legalize / United Kingdom / Public General Act

Road Traffic Regulation Act 1967 (repealed)

Type Public General Act

Publication 1967-07-27

Last updated 2004-07-22

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Traffic regulation outside Greater London

Traffic regulation orders outside Greater London.

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(1) Subject to sections 84A, 84B and 84C of this Act, the authority hereinafter specified may make an order (in this section and section 5 of this Act referred to as a " traffic regulation order ") as respects any road outside Greater London where it appears to the authority making the order that it is expedient so to do—

(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 foot passengers) or of vehicles, or

(d) for preventing the use of the road by vehicular traffic of a kind which, or the use thereof by such 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.

(2) Subject to section 82 of this Act, the authority having power to make traffic regulation orders—

(a) as respects roads not being trunk roads, shall be the local authority, that is to say, in England or Wales, the council of a county borough ; as respects any non-county borough or urban district having a population of over 20,000 according to the last census for the time being, the council of the borough or urban district; and as respects any other area the council of the county; and in Scotland a county council or a town council;

(b) as respects trunk roads, shall be the appropriate Minister;

and the appropriate Minister, on application in that behalf being made to him by the governing body of a university in the receipt of a grant from public moneys, and after holding, if he thinks fit, a public inquiry, shall have power to make a traffic regulation order as respects a road not being a trunk road.

(3) Subject to subsections (3A) and (4) below, the provision which may be made by a traffic regulation order shall be any provision prohibiting, restricting or regulating the use of a road or any part of the width thereof by vehicular traffic or by such traffic of any class specified in the order, either generally or subject to exceptions so specified, and either at all times or at times, on days or during periods so specified, and, without prejudice to the generality of this subsection, any provision—

(a) requiring such traffic to proceed in a specified direction or prohibiting its so proceeding,

(b) specifying the part of the carriageway to be used by such traffic proceeding in a specified direction,

(d) prohibiting the use of roads by through traffic,

(e) prohibiting or restricting overtaking;

but no prohibition or restriction on waiting imposed under this section shall apply to a stage carriage or express carriage.

(3A) The provision which may be made by a traffic regulation order shall include any provision prohibiting, restricting or regulating the use of a road or any part of the width thereof by, or by any specified class of, foot passengers, either generally or subject to exceptions specified in the order, and either at all times or at times, on days or during periods so specified.

(3B) A traffic regulation order may make provision for identifying any part of any road to which, or any time at which or period during which, any provision contained in the order is for the time being to apply by means of a traffic sign of a type or character specified in the order (being a type prescribed or character authorised under section 54 of this Act) and for the time being lawfully in place; and for the purposes of any such order so made any such traffic sign placed on or near a road shall be deemed to be lawfully in place unless the contrary is proved.

(3C) A traffic regulation order which imposes any restriction upon the use by vehicles of a road, or the waiting of vehicles in a road, may include provision with respect to the issue and display of certificates or other means of " identification of vehicles which are excepted from the restriction, whether generally or in particular circumstances or at particular times.

(3D) A traffic regulation order may also include provision with respect to the issue, display and operation of devices (to be approved either generally or specially by the appropriate Minister) for indicating the time at which a vehicle arrived at, and the time at which it ought to leave, any place in a road in which waiting is restricted by the order, or one or other of those times, and for treating the indications given by any such device as evidence of such facts and for such purposes as may be prescribed by the order.

(4) Provision for regulating the speed of vehicles on roads shall not be made under this section.

(5) Subject to subsection (6) below and section 5 of this Act, no order shall be made under this section with respect to any road which would have the effect of preventing at any time access for foot passengers, or preventing for more than eight hours in any period of twenty-four hours access for vehicles of any class, to any premises situated on or adjacent to the road, or any other premises accessible for traffic of that class from, and only from, the road.

(6) Subject to section 5 of this Act, subsection (5) above, so far as it relates to vehicles, shall not have effect in so far as the authority making the order is satisfied that, for avoiding danger to persons or other traffic using the road to which the order relates or any other road, or for preventing the likelihood of any such danger arising, or for preventing damage to the road or buildings on or near it, or for facilitating the passage of vehicular traffic on the road, it is requisite that that subsection should not apply, and it is stated in the order that the said authority is satisfied as aforesaid.

(7) This section shall not apply in relation to any part of a special road on or after such date as may be declared by a notice published by the highway authority, in such manner as may be prescribed by regulations made by the appropriate Minister, to be the date on which it is open for use as a special road.

(8) A person who contravenes a traffic regulation order or who uses a vehicle, or causes or permits a vehicle to be used, in contravention of a traffic regulation order shall be liable on summary conviction to a fine not exceeding, in the case of an offence committed in respect of a motor vehicle by a failure to comply with a requirement to proceed or not to proceed in a specified direction or along a specified part of the carriageway, £50 and, in any other case, £20.

(9) If any local Act contains any provision extending the powers conferred by section 26 of the Road Traffic Act 1960 in the application of that section to the area of any local authority, the appropriate Minister, after consultation with that local authority, may by order made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament, repeal any provision of that local Act which appears to that Minister to be unnecessary, or make any other amendments to that local Act which appear to that Minister to be required, in consequence of the provisions of Part IX of the Transport Act 1968; and the power to make an order under this subsection shall include power to make an order varying or revoking any previous order thereunder.

Certain councils may make orders under ss. 1 and 28 for purpose of general scheme of traffic control.

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(1) Without prejudice to sections 84A, 84B and 84C of this Act, section 1(5), so far as it relates to vehicles, section 1(6) and section 28(2)(a) of this Act shall not apply to any order made under the said sections 1 and 28 jointly by the council of a borough or urban district, or in Scotland, by a county council or town council, if the order is, and is stated to be, made by virtue of this subsection and for the purpose of a general scheme of traffic control in a stated area, nor to an order made under this Act revoking or varying an order so made.

(2) Any such provision of an order made as aforesaid as has effect by virtue of section 1 of this Act or of an order revoking or varying an order so made in so far as the last-mentioned order subsists by virtue of that section may, notwithstanding anything in that section, be made so as to apply to a trunk road.

(3) No authority shall make an order by virtue of subsection (1) above unless they are satisfied that the general scheme of traffic control—

(a) is adequate in point of area ; and

(b) takes adequate account of the need for maintaining the free movement of traffic and of the need for maintaining reasonable access to premises ; and

(c) makes provision for street parking places, and for regulating their use with the aid of apparatus or devices approved by the appropriate Minister, which is suitable, regard being had to the extent to which off-street parking places are available in the neighbourhood or their provision is likely to be encouraged by the scheme.

(4) Where the council of a county district (other than a rural district) not having power to make traffic regulation orders desires to introduce a general scheme of traffic control in the district or part of it, then (without prejudice to any other power of delegation) for the purpose of enabling that council to introduce such a scheme by means of an order made jointly under sections 1 and 28 of this Act there may—

(a) on the application of that council to the county council, be delegated to them by the county council all or any of the powers exercisable by the county council in relation to the county district under the said section 1, subject to such restrictions (if any) as the county council think fit to impose ;

(b) on the application of the first-mentioned council to the Minister, be delegated to them by him all or any of the powers exercisable by him under the said section 1 as respects trunk roads within the county district, subject to such restrictions (if any) as he thinks fit to impose.

Traffic regulation in Greater London

Traffic regulation orders in Greater London.

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(1) Subject to sections 84A, 84B and 84C of this Act, the authority hereinafter specified may by order make provision for controlling or regulating vehicular and other traffic (including foot passengers) on roads in Greater London and in particular, but without prejudice to the generality of the foregoing words, for any of the purposes, or with respect to any of the matters, mentioned in Schedule 1 to this Act and for any other purpose which is a purpose mentioned in any of paragraphs (a) to (f) of section 1(1) of this Act; but no such order shall contain any provision for regulating the speed of vehicles on roads.

(2) The authority having power to make an order under this section—

(a) as respects any road other than a trunk road, shall be the Greater London Council;

(b) as respects a trunk road, shall be the Minister or, with the consent of the Minister, that Council.

(3) Any order under this section may be made so as to apply—

(a) to Greater London as a whole, or to particular parts thereof, or to particular places or streets, or parts of streets, therein;

(b) throughout the day, or during particular periods ;

(d) to vehicles and traffic of any class.

(4) Any such order may make provision for identifying any part of any road to which, or any time at which or period during which, any provision contained in the order is for the time being to apply by means of a traffic sign of a type or character specified in the order (being a type prescribed or character authorised under section 54 of this Act) and for the time being lawfully in place; and for the purposes of any order so made, any such traffic sign placed on or near a street shall be deemed to be lawfully in place unless the contrary is proved.

(5) Any such order which imposes any restriction upon the use by vehicles of streets in Greater London, or the waiting of vehicles in such streets, may include provision with respect to the issue and display of certificates or other means of identification of vehicles which are excepted from the restriction, whether generally or in particular circumstances or at particular times.

(6) Any such order may also include provision with respect to the issue, display and operation of devices (to be approved either generally or specially by the Minister) for indicating the time at which a vehicle arrived at, and the time at which it ought to leave, any place in a street in which waiting is restricted by the order, or one or other of those times, and for treating the indications given by any such device as evidence of such facts and for such purposes as may be prescribed by the order.

(7) Any such order may provide for the suspension or modification so long as the order remains in force of any provisions of any Acts (whether public general or local or private, and including provisions contained in this Act), byelaws or regulations, dealing with the same subject matter as the order, or of any Acts conferring power of making byelaws or regulations dealing with the same subject matter, so far as such provisions apply to any place or street to which the order applies.

(8) No appeal shall lie to the Minister from the traffic commissioners—

(a) under section 135(8) or section 143 of the Road Traffic Act 1960, in the case of a decision of those commissioners with respect to a road service licence for a route wholly or partly within the Metropolitan Traffic Area, or

(b) under section 141(4) or (6) of that Act, in the case of a decision with respect to the approval of a route for a road service provided wholly or partly within the London special area by the London Transport Board,

if and so far as it is certified by the commissioners that the decision was necessary to secure conformity with any order in force under this section, being an order prescribing the routes to be followed, or streets which are not to be used, by vehicles affected by the decision, the places in streets where such vehicles may or may not wait, or the stopping places for such vehicles.

(9) If a person acts in contravention of or fails to comply with any order under this section, he shall be liable on summary conviction to a fine not exceeding, in the case of an offence committed in respect of a motor vehicle by a failure to comply with a requirement to proceed or not to proceed in a specified direction or along a specified part of the carriageway, £50 and, in any other case, £20.

(11) This section shall not apply in relation to any part of a special road on or after such date as may be declared by a notice published by the highway authority, in manner prescribed for the publication of notices under section 1(7) of this Act to be the date on which it is open for use as a special road.

(12) In this section and in Schedule 1 to this Act " street " includes any highway and any bridge carrying a highway, and any lane, mews, footway, square, court, alley or passage whether a thoroughfare or not, and references in this section to the London special area and the Metropolitan Traffic Area shall be construed in like manner as if they were contained in the Road Traffic Act 1960.

Provisions as to Minister's orders under s. 6.

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(2) Before making any order under section 6 of this Act which will impose new or additional duties on the police, the Minister shall consult the Secretary of State.

Provisions as to Greater London Council's orders under s. 6.

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(1) Without prejudice to subsection (1) and to any regulations under subsection (4) of section 84C of this Act, before making any order under section 6 of this Act otherwise than in pursuance of a direction given by the Minister under section 84A(1) thereof, the Greater London Council (hereafter in this section referred to as " the Council ") shall consult with any other council, being a London borough council or the Common Council, within whose area any road affected by the proposed order lies or whose area appears to the Council likely to be affected by that order and, if the order is required to be submitted to the Minister for his consent under section 84B(2) of this Act, the Council shall so consult before so submitting it.

Experimental traffic schemes

Experimental traffic orders.

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(1) Subject to sections 84A, 84B and 84C of this Act, for the purpose of carrying out an experimental scheme of traffic control the authority hereinafter specified may by order under this subsection (in this section referred to as an " experimental traffic order ") make the like provision—

(a) as respects any road outside Greater London, as may be made by an order under section 1 of this Act;

(b) as respects traffic on roads in Greater London, as may be made by an order under section 6 of this Act.

(2) Subject to section 82 of this Act, the authority having power to make an experimental traffic order—

(a) as respects roads outside Greater London, other than trunk roads, shall be the local authority ;

(b) as respects roads in Greater London, other than trunk roads, shall be the Greater London Council;

(c) as respects any trunk road in Greater London, shall be the appropriate Minister or, with the consent of that Minister, the Greater London Council;

(d) as respects trunk roads outside Greater London, shall be the appropriate Minister.

(3) An experimental traffic order shall not continue in force for longer than the following period, that is to say—

(a) if it is made by a local authority, a period of six months ;

(b) if it is made by the appropriate Minister or by the Greater London Council, a period of eighteen months ;

but, subject to sections 84A, 84B and 84C of this Act, where an experimental traffic order made by a local authority has not ceased to be in force, the authority may from time to time by order under this subsection direct that it shall continue in force for a further period not exceeding six months from the date when it would otherwise cease to be in force and ending not later than eighteen months after it first came into force.

(4) An experimental traffic order—

(a) may provide for the modification or suspension, while the order is in force, of any provision previously made by or under any enactment, being a provision that could have been made by the order ; and

(b) shall, to the extent that it is inconsistent with any provision subsequently made by or under any enactment, cease to have effect.

(5) An experimental traffic order made by the Greater London Council may include provision whereby a specified officer, or some person authorised in that behalf by a specified officer, of that Council may, if it appears to that officer or person essential in the interests of the expeditious, convenient and safe movement of traffic and after consulting with the appropriate commissioner of police and giving such public notice as the Minister may direct, modify or suspend the order or any provision thereof.

(8) No appeal shall lie to the Minister from the traffic commissioners—

(a) under section 135(8) or section 143 of the Road Traffic Act 1960, in the case of a decision of those commissioners with respect to a road service licence, or

(b) under section 141(4) or (6) of that Act, in the case of a decision of those commissioners with respect to the approval of a route for a road service,

if and so far as it is certified by the commissioners that the decision was necessary to secure conformity with an experimental traffic order prescribing the routes to be followed, or roads which are not to be used, by vehicles affected by the decision, the places in roads where such vehicles may or may not wait, or the stopping places for such vehicles.

(9) If a person acts in contravention of, or fails to comply with, an experimental traffic order he shall be liable on summary conviction to a fine not exceeding, in the case of an offence committed in respect of a motor vehicle by a failure to comply with a requirement to proceed or not to proceed in a specified direction or along a specified part of the carriageway, £50 and, in any other case, £20.

(10) Section 1(3B) or, as the case may be, section 6(4) of this Act shall apply in relation to an experimental traffic order as it applies in relation to an order under the said section 1 or 6.

(11) The Minister may repay to the Greater London Council any expenses incurred by that Council in connection with any order made by them under this section.

(12) In this and the next following section—

(a) " local authority " has the same meaning as in section 1(2)(a) of this Act; and

(b) " road ", in relation to Greater London, includes any street as denned in section 6(12) of this Act.

Experimental traffic schemes in Greater London.

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(1) Where it appears to the commissioner of police expedient so to do for the purpose of carrying out within his area an experimental scheme of traffic control, he may with the consent of the Greater London Council, and after giving such notice as that Council may direct, make regulations for regulating vehicular traffic in any manner specified in Schedule 2 to this Act.

(2) The Greater London Council shall not give their consent to any such scheme as aforesaid affecting a trunk road except with the agreement of the Minister; and in the case of any particular scheme the Minister may, after consultation with the said Council, direct that Council to consent thereto within a specified period or to withhold their consent therefrom; but the Minister shall not give such a direction unless he is satisfied, having regard to any matters appearing to him to be relevant, that the Council's duty under section 84(1) of this Act is not being satisfactorily discharged by the Council and that the giving of the direction is necessary in order to secure compliance with that duty.

(3) Any provision contained in regulations under this section may be made so as to apply at all times or on specified days or during specified periods, and either throughout the day or during any specified part of the day and to vehicular traffic generally or to such traffic of any class specified in the regulations, and regulations under this section may make different provision for different classes of traffic.

(4) If a person contravenes, or fails to comply with, regulations under this section he shall be liable on summary conviction to a fine not exceeding, in the case of an offence committed in respect of a motor vehicle by a failure to comply with a requirement to proceed or not to proceed in a specified direction or along a specified part of the carriageway, £50 and, in any other case, £20.

(5) Regulations under this section may suspend or modify any order for the time being in force under section 6 of this Act.

(6) Regulations under this section shall not continue in force for a period longer than six months after the making thereof, together with such further period or periods (if any) not exceeding twelve months in all as the Greater London Council may at any time before the expiration of the regulations direct; and (without prejudice to the power of the commissioner of police to revoke regulations under this section) such regulations may be revoked by an order under section 6 of this Act.

(7) A document purporting to be a copy, certified by a person authorised by the commissioner of police, of regulations under this section shall be evidence of the contents of such regulations.

(8) This section shall apply within Greater London but not elsewhere; and in this section " the commissioner of police " means, in relation to the metropolitan police district, the commissioner of police of the metropolis, and, in relation to the City of London, the commissioner of police for the City of London.

Traffic regulation in special cases

Temporary prohibition or restriction of traffic on roads.

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(1) Subject to the provisions of this section, if a highway authority are satisfied that traffic on a road should, by reason of any works' being executed or proposed to be executed on or near the road or by reason of the likelihood of danger to the public or of serious damage to the highway, be restricted or prohibited, they may by order restrict or prohibit the use of that road or of any part thereof by vehicles or by vehicles of any class or by foot passengers to such extent and subject to such conditions or exceptions as they may consider necessary.

A highway authority, when considering the question of the making of an order under this subsection, shall have regard to the existence of alternative routes suitable for the traffic which will be affected by the order.

(2) A highway authority may at any time by notice restrict or prohibit temporarily the use of a road or any part of a road by vehicles or by vehicles of any class or by foot passengers where, owing to the likelihood of danger to the public or of serious damage to the highway, it appears to them necessary that such restriction or prohibition should come into force without delay.

(3) The provision which may be made by any such order or notice as aforesaid shall be any such provision as is mentioned in section 1(3) or (3A) of this Act or any provision restricting the speed of vehicles ; but no such order or notice shall be made or issued with respect to any road which would have the effect of preventing at any time access for foot passengers to any premises situated on or adjacent to the road, or any other premises accessible for foot passengers from, and only from, the road.

(4) Where an order under subsection (1) above or a notice under subsection (2) above is made or issued by a highway authority, any such provision as is specified in section 1(3)(a), (b) or (c) or (3A) of this Act may be made, as respects any alternative road—

(a) where that authority is the highway authority for the alternative road, by order made by them ;

(b) where that authority is not the highway authority therefor, by order made,—

(i) where the alternative road is other than a trunk road, by that authority, with the consent of the highway authority for the alternative road ;

(ii) where the alternative road is a trunk road, by the appropriate Minister on the application of that authority;

and subsections (5) and (6) of the said section 1 shall apply to an order under this subsection as they apply to an order under that section.

(5) An order made or notice issued under the foregoing provisions of this section may suspend any statutory provision of a description which could have been contained in the order or notice or, in the case of an order under subsection (4) above, any statutory provision prohibiting the use of roads by through traffic, and any such provision (other than one contained in the order or notice) shall have effect subject to the order or notice.

(6) An order under subsection (1) or (4) above, not being an order made by a Minister, shall not without the approval of the appropriate Minister continue in force for a longer period than six weeks from the making thereof; and where the appropriate Minister has refused to approve the continuing in force of an order made under subsection (1) above, then, except with the approval of the appropriate Minister, no subsequent order shall be made under that subsection as respects any length of road to which the previous order related unless at least three months have expired from the time when the previous order ceased to have effect.

(7) A notice issued under subsection (2) above shall not continue in force for a longer period than fourteen days from the date thereof.

(8) The functions of a highway authority under this section shall, in the case of a road which includes a length for the maintenance of which no highway authority is responsible, extend to that length as well as to the road for the maintenance of which the highway authority are responsible.

This subsection does not extend to Scotland.

(9) A person who contravenes, or who uses or permits the use of a vehicle in contravention of, a restriction or prohibition imposed under this section shall be liable on summary conviction to a fine not exceeding £20.

(10) The provisions of Schedule 3 to this Act shall have effect as to the notification of the exercise or proposed exercise of the powers conferred by this section and otherwise in relation thereto; and in that Schedule " the principal section " means this section.

(11) In this section " alternative road ", in relation to a road as respects which an order under subsection (1) above or notice under subsection (2) above is made or issued, means a road providing an alternative route for traffic diverted from the first-mentioned road or from any other alternative road, or capable of providing such an alternative route apart from any statutory provision authorised by the foregoing provisions of this section to be suspended by an order under subsection (4) above.

(12) The powers conferred by this section on the appropriate Minister to make orders shall be exercisable by statutory instrument, and any power conferred by this section to make an order shall include power to vary or revoke it.

Traffic regulation on special roads.

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(1) A special road shall not be used, except as provided by or under regulations made under subsection (2) below, by any traffic other than traffic of a class authorised in that behalf by a scheme under section 1 of the Special Roads Act 1949 or section 11 of the Highways Act 1959 (or, if the road is one to which the last-mentioned Act applies by virtue of section 19 thereof, by any traffic other than traffic of a class for the time being authorised by virtue of that section).

(2) The appropriate Minister may make regulations with respect to the use of special roads, and such regulations may in particular—

(a) regulate the manner in which and the conditions subject to which special roads may be used by traffic of the class authorised in that behalf by such a scheme as is mentioned in subsection (1) above or, as the case may be, by virtue of the said section 19 ;

(b) authorise, or enable such authority as may be specified in the regulations to authorise, the use of special roads, on occasion or in emergency or for the purpose of crossing, or for the purpose of securing access to premises abutting on or adjacent to the roads, by traffic other than such traffic as aforesaid, or relax, or enable such authority as aforesaid to relax, any prohibition or restriction imposed by the regulations.

(3) Regulations made under subsection (2) above may make provision with respect to special roads generally, or may make different provision with respect to special roads provided for the use of different classes of traffic, or may make provision with respect to any particular special road.

(3A) Where by regulations made under subsection (2) above a limit of speed is to be observed, then, if it is to be observed—

(a) on all special roads; or

(b) on all special roads provided for the use of particular classes of traffic ; or

(d) as mentioned in paragraph (a), (b) or (c) above except for such lengths of special road as may be so specified,

section 75 of this Act shall not apply in relation to that limit without prejudice to its application in relation to any lower limit of maximum speed or, as the case may be, higher limit of minimum speed required by any such regulations to be observed on any specified length of any specified special road.

(4) If a person uses a special road in contravention of this section or of regulations under subsection (2) above he shall be liable on summary conviction to a fine not exceeding—

(a) in the case of an offence committed in respect of a motor vehicle otherwise than by unlawfully stopping or allowing the vehicle to remain at rest on a part of the road on which vehicles are in certain circumstances permitted to remain at rest, £50, and

(b) in any other case, £20.

(5) The provisions of this section, and of any regulations made under subsection (2) above, shall not apply to any part of a special road until such date as may be declared by a notice published by the highway authority, in manner prescribed for the publication of notices under section 1(7) of this Act, to be the date on which it is open for use as a special road; but nothing in this subsection shall be construed as preventing the making of regulations under subsection (2) above so as to come into force, in relation to any such road, on the said date.

(6) In this section " use ", in relation to a road, includes crossing.

One-way traffic on trunk roads.

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(1) Without prejudice to the powers of the appropriate Minister under section 1 of this Act, where he proposes to make an order under section 1 of the Trunk Roads Act 1946, or section 7 of the Highways Act 1959, directing that a road shall become a trunk road and considers it expedient that that road, when it becomes a trunk road, should be used only for traffic passing in one direction, and that any other road, being a trunk road or a road which is to become a trunk road by virtue of the order, should be used only for traffic passing in the other direction, the order under the said section 1 or the said section 7, as the case may be, may make provision for restricting the use of those roads accordingly as from such date as may be specified in that behalf in the order.

(2) A person who uses a vehicle or causes or permits a vehicle to be used in contravention of any provision made by virtue of subsection (1) above shall be liable on summary conviction to a fine not exceeding £20, or in the case of a second or subsequent conviction to a fine not exceeding £50.

Regulation of use of highways by public service vehicles.

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(1) Subject to subsection (2) below and to sections 84A, 84B and 84C of this Act, a local authority may make orders for determining the highways which may or may not be used by public service vehicles in the area or in any part of the area of the authority and for fixing thereon stands for public service vehicles, and as to the places at which such vehicles may stop for a longer time than is necessary for the taking up and setting down of passengers and as to the manner of using such stands and places ; and any such order may be made—

(a) so as to apply only to such vehicles of a specified class ; or

(b) so as to have effect as respects a limited period only or as respects only limited periods in the year,

and may make different provision for different classes of such vehicles.

(2) No order shall be made under this section as respects Greater London.

(4) Without prejudice to subsection (1) and to any regulations under subsection (2) of section 84C of this Act, before making any order under subsection (1) above otherwise than in pursuance of a direction given by the Minister under section 84A(1) of this Act, the local authority shall consult with the traffic commissioners for any traffic area constituted for the purposes of Part III of the Road Traffic Act 1960 in which the area or any part of the area of the local authority is situate and, if the local authority's area is situated wholly or partly within an area designated under section 9(1) of the Transport Act 1968, with the Executive for that area; and if the order is required to be submitted to the Minister for his consent under section 84B(1) of this Act, the local authority shall so consult before so submitting it.

(8) In this section " local authority "—

(a) as respects England and Wales, means as regards a county borough or a non-county borough or urban district having a population according to the last census for the time being of over 20,000 and any other non-county borough or urban district or any rural district the council of which the Minister may by order declare to be a local authority for the purposes of this section, the council of the borough or district, and as regards any other area the council of the county;

(b) as respects Scotland, means in a burgh the magistrates thereof and in a county the council thereof.

Prohibition or restriction of use of vehicles on roads of certain classes.

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(1) The appropriate Minister may by order prohibit or restrict, subject to such exceptions and conditions as to occasional user or access to premises or otherwise as may be specified in the order, the driving of vehicles on all roads of any such class as may be specified in the order, if he is satisfied that it is desirable that such an order should be made, and may by order revoke, vary, amend or add to the provisions of such an order; but no order under this section shall have effect as respects any part of a special road on or after such date as may be declared by a notice published by the highway authority, in manner prescribed for the publication of notices under section 1(7) of this Act, to be the date on which it is open for use as a special road.

(2) A prohibition or restriction under this section may be imposed either generally, or in relation to any class of vehicle.

(3) For the purposes of this section the appropriate Minister may classify roads in any manner he thinks fit having regard to their character or situation, or the nature of the traffic to which they are suited, and may determine in what class any particular road shall be included.

(4) The powers conferred by this section to make, revoke, vary, amend and add to orders shall be exercisable by statutory instrument, and a statutory instrument by which those powers are exercised shall not have effect unless and until it has been approved by a resolution of each House of Parliament.

(5) A person who drives a vehicle, or causes or permits a vehicle to be driven, in contravention of an order under this, section shall be liable on summary conviction to a fine not exceeding £20.

Restriction of use of heavy vehicles on weak bridges.

17

(1) Where the bridge authority of a bridge over which a road passes is satisfied that the bridge is insufficient to carry vehicles of which the weights or axle weights, as hereinafter defined, exceeds certain limits, the authority may by a conspicuous notice in the prescribed form placed in a proper position at each end of the bridge, prohibit the use of the bridge either—

(a) by any vehicle of which the weight exceeds a maximum weight specified in the notice, not being less than five tons, or

(b) by any vehicle of which—

(i) the weight exceeds a maximum weight so specified, not being less than five tons, or

(ii) any axle weight exceeds a maximum axle weight so specified, not being less than three tons;

and any such notice may, as regards both weight of vehicle and axle weight, specify different maximum weights in relation to a vehicle travelling at a speed less than a speed specified in the notice, and in relation to a vehicle travelling at that speed or a greater speed.

(2) The highway authority for a road leading to a bridge shall give to the bridge authority reasonable facilities for placing on the road any such notice as aforesaid and, if the highway authority so require, the bridge authority shall erect warning notices in the prescribed form at the principal junctions of roads leading to the bridge.

(3) Before placing a restriction or prohibition under this section on the use of a bridge, other than one carrying a trunk road and repairable by the Minister or a Secretary of State, the bridge authority shall give to the appropriate Minister twenty-eight days' notice of their intention so to do with particulars of the restriction or prohibition, and the appropriate Minister shall cause a list to be kept of all restrictions or prohibitions which have been placed on the use of bridges under this section, and the list shall be open to inspection by any person.

(4) For the purposes of this section—

(a) " weight " means weight laden;

(b) the weight transmitted by a vehicle to any transverse strip of the road surface five feet in breadth shall be taken as being an " axle weight " of that vehicle and, for the purposes of this paragraph, a vehicle and any trailer drawn thereby shall be deemed to be a single vehicle;

(c) " placed in a proper position " means placed in such a position either on or near the bridge, or on or near the road leading to the bridge, as to be visible at a reasonable distance from the bridge to the drivers of vehicles approaching it;

(d) " prescribed " means prescribed by regulations made by the appropriate Minister.

(5) If, without the consent of the bridge authority, a vehicle is driven across a bridge in contravention of a notice so placed as aforesaid, any person who so drives it, or causes or permits it to be so driven, shall, without prejudice to any civil liability incurred by him in the case of damage's being caused to the bridge, be liable on summary conviction to a fine not exceeding £20, or in the case of a second or subsequent conviction to a fine not exceeding £50.

If in any proceedings under this subsection the prosecutor satisfies the court that there are reasonable grounds for believing that the weight of the vehicle exceeded the maximum weight specified in the notice, or that any axle weight of the vehicle exceeded the maximum axle weight so specified, it shall lie on the defendant to prove that the weight of the vehicle, or every axle weight of the vehicle, as the case may be, did not exceed such maximum weight or maximum axle weight.

(6) Any person or body of persons aggrieved by a restriction or prohibition placed on the use of a bridge under this section, and any highway authority in whose area the bridge is situate, may at any time apply to the appropriate Minister for an order modifying or removing the restriction or prohibition.

(7) On receiving any such application as aforesaid or, in the case of a bridge carrying a trunk road, on his own initiative, the appropriate Minister may cause the bridge to be inspected, and may require the bridge authority to give to his inspector such information as to its structure and condition, and such other facilities for his investigation of the circumstances as the bridge authority may be able to give and, after considering the report of his inspector and any representations made to him by the bridge authority, may, if he thinks proper, make by statutory instrument an order modifying or removing the restriction or prohibition, or imposing different restrictions, and the bridge authority shall, within such time as may be specified in the order, cause notices to be erected complying with the order and, if the bridge authority fail to do so, the appropriate Minister may cause the notice complained of to be removed or varied, or new notices to be erected so as to comply with his order; and the expenses incurred by him in so doing shall be recoverable by him from the bridge authority and, in England or Wales, shall be so recoverable summarily as a civil debt.

(8) Where any such inspection and investigation is held, the appropriate Minister may make such order as to the payment of the costs incurred by him in connection therewith (including such reasonable sum not exceeding five guineas a day as he may determine for the services of any officer engaged thereon) by such party thereto as he thinks fit, and the appropriate Minister may certify the amount of the costs so incurred, and any amount so certified and directed by the appropriate Minister to be paid by any person shall be recoverable from him, and shall be so recoverable, in England or Wales, either as a debt due to the Crown or by the Minister summarily as a civil debt, and in Scotland by the Secretary of

For the purposes of this subsection the applicants and the bridge authority shall be treated as parties to the inspection and investigation.

(9) The appropriate Minister may at any time on an application made to him by the bridge authority, or on his own initiative, by order made by statutory instrument vary or revoke any order made by him under subsection (7) above, if he is satisfied that it is proper so to do.

Power of highway and bridge authorities to authorise carriage of excess weights on roads and bridges.

18

(1) A highway authority as regards any road for the maintenance of which they are responsible, and a bridge authority as regards any bridge for the maintenance of which they are responsible, may, subject to such conditions as they think fit, grant a permit in respect of any trailer specified in the permit drawn by a heavy locomotive or a light locomotive on the road or bridge to carry weights specified in the permit notwithstanding that when conveying such weights the trailer does not comply with any regulations made by the Minister under Part I of the Road Traffic Act 1960 as to the weight laden of trailers or as to the maximum weight which may be transmitted to the road or any part thereof by trailers, and where such a permit is given it shall not, so long as the conditions, if any, attached to the permit are complied with, be an offence in the case of any such trailer to carry on that road or bridge weights authorised by the permit by reason only that the trailer when conveying them does not comply with such regulations as aforesaid:

Provided that, where a highway authority are responsible for the maintenance of a road passing over a bridge but not for the maintenance of the bridge itself, the power conferred by this section shall be exercisable by the bridge authority and not by the highway authority.

(2) In this section " highway authority " includes any person responsible for the maintenance of a road.

Control of driving over Menai Bridge.

19

(1) A motor vehicle shall not be driven on or over the Menai Bridge except in accordance with and subject to any restrictions contained in regulations made by the Minister.

(2) Different regulations may be made under-this section as respects different classes of vehicles or as respects the same class of vehicles in different circumstances.

(3) A person who acts in contravention of subsection (1) above shall be liable on summary conviction to a fine not exceeding £20, or in the case of a second or subsequent conviction to a fine not exceeding £50 or to imprisonment for a term not exceeding three months.

Removal of vehicles illegally, obstructively or dangerously parked, abandoned or broken down.

20

(1) The appropriate Minister may by regulations make provision for the removal from roads, and safe custody, or for the moving from one position on a road to another position on that or another road, of, and of the loads carried by, vehicles which have been permitted to remain at rest on a road—

(a) in contravention of any statutory prohibition or restriction, or

(b) in such a position or in such condition or in such circumstances as to cause obstruction to other persons using the road or so as to be likely to cause danger to such other persons, or

or which have broken down.

(2) Regulations under this section may provide for repealing byelaws dealing with the same subject matter as the regulations, and for suspending, while the regulations remain in force, any power of making such byelaws.

(3) Regulations under this section may be made so as to apply either generally or in such circumstances only as may be specified in the regulations.

(4) The foregoing provisions of this section shall have effect subject to the provisions of any order for the time being in force under section 25 of the Civic Amenities Act 1967.

Pedestrian crossings

Schemes for establishment of pedestrian crossings on roads other than trunk roads.

21

(1) A local authority may, after consultation with the chief officer of police and after giving public notice that they propose so to do, submit to the appropriate Minister a scheme containing proposals for the establishment on roads in their district (other than trunk roads) of crossings for foot passengers to be indicated in manner prescribed by regulations under section 23 of this Act.

(2) Where, under the enactments repealed by the Road Traffic Act 1960, a local authority have submitted a statement of reasons why they consider the establishment of crossings for foot passengers in their district to be unnecessary, the appropriate Minister, if it appears to him that crossings ought to be established in that district, and after giving to the local authority an opportunity of making representations, may require the local authority to submit to him such a scheme as aforesaid in relation to the district.

(3) A scheme submitted under this section shall specify either the position of the proposed crossings, or the lengths of road, or the areas, in which they are to be established, and the number proposed for any length of road or area, and the appropriate Minister may, if he thinks fit, approve the scheme with or without modification.

(4) A scheme under this section may be varied from time to time, or may be revoked, by a subsequent scheme submitted and approved as aforesaid, or by an order made by statutory instrument by the appropriate Minister after giving to the local authority by whom the scheme was submitted an opportunity of making representations.

(5) It shall be the duty of the authority by whom a scheme is submitted under this section to execute any works (including the placing, erection, maintenance, alteration and removal of marks and traffic signs) required in connection with the establishment of crossings in accordance with the provisions of the scheme for the time being in force, or with the indication thereof in accordance with regulations having effect under section 23 of this Act as respects the crossings, or required in consequence of a variation or revocation of the scheme, and if the authority make default in the execution of any such works, the appropriate Minister may execute them ; and the expense incurred by him in so doing shall be recoverable by him from the authority and, in England or Wales, shall be so recoverable summarily as a civil debt.

(6) In this section " local authority " means—

(a) as respects England and Wales other than Greater London, the council of a county, a borough or an urban district,

(b) as respects Scotland, the council of a county, or the town council of a burgh which is responsible for the maintenance and management of all or any of the highways in the burgh;

and references in this section to the district of a local authority shall be construed in relation to the council of a county in England or Wales as references to the rural districts comprised in the county, and in relation to the council of a county in Scotland as references to the county together with any burgh therein other than a burgh the council of which is responsible for the maintenance and management of all or any of the highways in the burgh.

(7) Notwithstanding subsection (6) above, a county council in Scotland may, after consultation with the town council of any small burgh within the meaning of the Local Government (Scotland) Act 1929 which is responsible for the maintenance and management of all or any of the highways in the burgh and is situated within the county, include in a scheme submitted under this section proposals for the establishment of crossings on classified roads in such a burgh, and such proposals shall not be included in any scheme submitted by the town council of the burgh.

In this subsection " classified road " means a road which for the time being is classified by the Secretary of State under section 28(2) of the Local Government (Scotland) Act 1966 as a principal road for the purposes of advances under section 8 of the Development and Road Improvement Funds Act 1909 or as a classified road for the purposes of, or for purposes which include the purposes of, this subsection.

(8) In the application of this section to Greater London " local authority " means—

(a) as respects a metropolitan road, the Greater London Council;

(b) as respects any other road in a London borough, the council of the borough;

but before the Greater London Council submit any scheme under this section with respect to a metropolitan road they shall consult with any other of the councils aforesaid within whose area that road is situated.

(9) This section, in its application to Greater London, shall have effect subject to such adaptations as may be specified in an order made by the Minister.

Any order made for the purposes of this subsection may be varied by a subsequent order; and the power to make orders conferred by this subsection shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Duty of appropriate Minister to establish pedestrian crossings on trunk roads.

22

It shall be the duty of the appropriate Minister to establish on trunk roads such crossings for foot passengers as he considers necessary, and to execute any works (including the placing, erection, maintenance, alteration and removal of marks and traffic signs) required in connection with the establishment of those crossings.

Pedestrian crossing regulations.

23

(1) The appropriate Minister may make regulations with respect to the precedence of vehicles and foot passengers respectively, and generally with respect to the movement of traffic (including foot passengers), at and in the vicinity of crossings.

(2) Without prejudice to the generality of subsection (1) above, regulations made thereunder may be made prohibiting foot passenger traffic on the carriageway within one hundred yards of a crossing, and with respect to the indication of the limits of a crossing, or of any other matter whatsoever relating to the crossing, by marks or devices on or near the roadway or otherwise, and generally with respect to the erection of traffic signs in connection with a crossing.

(3) Different regulations may be made under this section in relation to different traffic conditions, and in particular, but without prejudice to the generality of the foregoing words, different regulations may be made in relation to crossings in the vicinity of, and at a distance from, a junction of roads, and to traffic which is controlled by the police, and by traffic signals, and by different kinds of traffic signals, and which is not controlled.

(4) Regulations may be made under this section applying only to a particular crossing or particular crossings specified in the regulations.

(5) A person who contravenes any regulations made under this section shall be liable on summary conviction to a fine not exceeding £50.

(6) In this section " crossing " means a crossing for foot passengers established by a local authority in accordance with the provisions for the time being in force of a scheme submitted and approved under section 21 of this Act or by the appropriate Minister in the discharge of the duty imposed on him by section 22 thereof and (in either case) indicated in accordance with the regulations having effect as respects that crossing; and for the purposes of a prosecution for a contravention of any of the provisions of a regulation having effect as respects a crossing the crossing shall be deemed to be established and indicated as aforesaid unless the contrary is proved.

School crossings

Arrangements for patrolling school crossings.

24

(1) Arrangements may be made by the appropriate authority for the patrolling of places where children cross roads on their way to or from school, during periods between the hours of eight in the morning and half-past five in the afternoon when children are so on their way, by persons appointed by or on behalf of the appropriate authority, other than constables.

(2) For the purposes of subsection (1) above, in its application to England and Wales, the appropriate authority shall be—

(a) as respects places not in the metropolitan police district, other than places in the City of London, the council of the county or county borough in which the places in question are,

(b) as respects places in the City of London, the Common Council of the City, and

and for the purposes of that subsection in its application to Scotland, the appropriate authority shall be—

(i) as respects places in a county (exclusive of any large burgh, and inclusive of any small burgh, situate therein), the county council, and

(ii) as respects places in a large burgh, the town council of the burgh.

(3) The functions of the appropriate authority for the purpose of arrangements under subsection (1) above shall include the duty to satisfy themselves of the adequate qualifications of persons appointed to patrol, and to provide requisite training of persons to be appointed.

(4) In taking decisions as to making arrangements in England or Wales under subsection (1) above the council of a county, and the commissioner of police of the metropolis, shall have regard to any representations made to them or him by local authorities for localities in the county, or in the metropolitan police district, as the case may be, and in taking decisions as to making arrangements in Scotland under that subsection a county council shall have regard to any representations made to them by the council of any district or small burgh situated in that county, and the town council of a large burgh, other than a county of a city, shall have regard to any representations made to them by the education authority in whose area the burgh is situated.

(5) Any arrangements made in England or Wales under subsection (1) above by the council of a county or county borough as respects places in that county or borough may include an agreement between that council and the police authority for the police area in which those places are for the performance by the police authority, on such terms as may be specified in the agreement, of such functions for the purposes of the arrangements as may be so specified; and any arrangements made in Scotland by a council under that subsection may include an agreement between the council and any other local authority whose area for any purpose comprises the place to which the arrangements relate for the performance by that other local authority, on such terms as may be specified in the agreement, of such functions for the purposes of the arrangements as may be so specified.

(6) For the purposes of any arrangements made under subsection (1) above by the commissioner of police of the metropolis, there shall be paid out of the metropolitan police fund such expenditure as the Secretary of State may direct to be so paid.

(7) In this section, in its application to Scotland,—

(a) " district ", " large burgh " and " small burgh " have the same meanings respectively as in the Local Government (Scotland) Act 1947;

(b) " education authority " has the same meaning as in the Education (Scotland) Act 1962 ;

(c) " local authority " has the same meaning as in the Local Government (Scotland) Act 1947, save that it also includes a joint police committee within the meaning of the Police (Scotland) Act 1967.

Stopping of vehicles at school crossings.

25

(1) When between the hours of eight in the morning and half-past five in the afternoon a vehicle is approaching a place in a road where children on their way to or from school are crossing or seeking to cross the road, a school crossing patrol wearing a uniform approved by the Secretary of State shall have power, by exhibiting a prescribed sign, to require the person driving or propelling the vehicle to stop it.

(2) When a person has been required under subsection (1) above to stop a vehicle—

(a) he shall cause the vehicle to stop before reaching the place where the children are crossing or seeking to cross and so as not to stop or impede their crossing; and

(b) the vehicle shall not be put in motion again so as to reach the place in question so long as the sign continues to be exhibited;

and a person who fails to comply with paragraph (a) above, or who causes a vehicle to be put in motion in contravention of paragraph (b) above, shall be liable on summary conviction to a fine not exceeding £50.

(3) In this section—

(a) " prescribed sign " means a sign of a size, colour and type prescribed by regulations made by the appropriate Minister, or, if authorisation is given by the appropriate Minister for the use of signs of a description not so prescribed, a sign of that description; and regulations under this subsection may provide for the attachment of reflectors to signs, or for the illumination of signs; and

(b) " school crossing patrol " means a person appointed to patrol in accordance with arrangements made under section 24 of this Act.

(4) For the purposes of this section—

(a) where it is proved that a sign was exhibited by a school crossing patrol, it shall be presumed to be of a size, colour and type prescribed, or of a description authorised, under the foregoing provisions of this section, and if it was exhibited in circumstances in which it was required by the regulations to be illuminated, to have been illuminated in the prescribed manner, unless the contrary is proved ;

(b) where it is proved that a school crossing patrol was wearing uniform, the uniform shall be presumed, unless the contrary is proved, to be a uniform approved by the Secretary of State ; and

(c) where it is proved that a prescribed sign was exhibited by a school crossing patrol at a place in a road where children were crossing or seeking to cross the road, it shall be presumed, unless the contrary is proved, that those children were on their way to or from school.

Street playgrounds

Power of local authorities outside Greater London to prohibit traffic on roads to be used as playgrounds.

26

(1) Subject to sections 84B and 84C of this Act, the council of a county, borough or urban district shall have power, for the purpose of enabling roads within their area in respect of which they are the highway authority to be used as playgrounds for children, to make an order prohibiting or restricting, subject to such exceptions and conditions as to occasional user or otherwise as may be specified in the order, the use of any specified road by vehicles, or by vehicles of any specified class, either generally or on particular days or during particular hours.

(2) An order made under this section with respect to a road shall make provision for permitting reasonable access to premises situated on or adjacent to it.

(5) Without prejudice to section 84D of this Act, the appropriate Minister may at any time after giving notice in writing to the authority by whom an order under the foregoing provisions of this section was made, and after holding, if he thinks fit, a public inquiry, by order under this subsection, vary or revoke the authority's order.

(6) A person who uses a vehicle, or causes or permits a vehicle to be used, in contravention of an order in force under this section shall be liable on summary conviction to a fine not exceeding £50.

(9) The powers conferred by subsection (1) above on the councils therein mentioned shall, in Scotland, be exercisable as regards roads in a county by the county council, and as regards roads in a burgh by the town council.

(10) Without prejudice to section 26A of this Act, this section shall not apply to Greater London.

Power of local authorities in Greater London to prohibit traffic on roads to be used as playgrounds.

26A

(1) Subject to the provisions of this section, the council of a London borough or the Common Council of the City of London shall have power, for the purpose of enabling roads within their area in respect of which they are the highway authority to be used as playgrounds for children, to make an order prohibiting or restricting, subject to such exceptions and conditions as to occasional user or otherwise as may be specified in the order, the use of any specified road by vehicles, or by vehicles of any specified class, either generally or on particular days or during particular hours.

(2) An order made under this section with respect to a road shall make provision for permitting reasonable access to premises situated on or adjacent to it.

(3) No order made under subsection (1) above shall be of any effect unless and until it is confirmed by the Greater London Council who, if they confirm it, may confirm it either without modification or subject to such modifications as they think fit, but that Council shall not confirm an order until twenty-eight days at least have elapsed since the making of the order and, before confirming it, shall consider any objections which may have been made to them against the order and, if they think fit, may cause a public inquiry to be held.

(4) Without prejudice to section 84D of this Act, the Greater London Council may at any time after giving notice in writing to the authority by whom an order under subsection (1) above was made, and after holding, if the Council think fit, a public inquiry, by order of the Council vary or revoke the authority's order.

(5) A person who uses a vehicle, or causes or permits a vehicle to be used, in contravention of an order in force under this section shall be liable on summary conviction to a fine not exceeding £50.

(6) The Greater London Council may make regulations for prescribing the procedure to be followed in connection with the making of orders by any other authority under this section and the confirmation thereof and for prescribing the manner in which that other authority shall publish notice of the fact that any such order has been made and confirmed and of its effect.

Power of local authorities to make byelaws with respect to roads used as playgrounds.

27

A local authority by whom an order may be made under section 26 or 26A of this Act shall have power, in relation to any road as respects which an order is made by them prohibiting or restricting the use of the road by vehicles, or by vehicles of any specified class, for the purpose of enabling the road to be used as a playground for children, to make byelaws (subject to confirmation, in the case of byelaws of a local authority in Greater London, by the Greater London Council or, in any other case, by the appropriate Minister) authorising the use of the road for that purpose, and making provision with respect to the admission of children to the road when used as a playground, and with respect to the safety of children so using the road and their protection from injury by vehicles using the road for access to premises situated on or adjacent to it or otherwise, and generally with respect to the proper management of the road when used as a playground as aforesaid.

Parking places (general provisions): off highways or without payment on highways

Power of local authorities to provide parking places.

28

(1) Subject to sections 84A, 84B and 84C of this Act, where for the purpose of relieving or preventing congestion of traffic it appears to a local authority to be necessary to provide within their district suitable parking places for vehicles, the local authority may in accordance with the provisions of this section and sections 29 to 32 of this Act provide such parking places (whether above or below ground and whether or not consisting of or including buildings) together with means of entrance thereto and egress therefrom, or may by order authorise the use as a parking place of any part of a road within their district, not being a road the whole or part of the width of which is within Greater London.

(2) No order under subsection (1) above shall—

(a) authorise the use of any part of a road so as unreasonably to prevent access to any premises adjoining the road or the use of the road by any person entitled to the use thereof, or so as to be a nuisance, or

(b) be made in respect of any part of a road without the consent of the authority or person responsible for the maintenance of the road.

(3) A local authority may adapt for use as, or for providing means of entrance to, or egress from, a parking place any land acquired or appropriated by them for the purposes of this section and may, with the consent of the authority or person responsible for the maintenance of a road, adapt any part of it for the purpose of providing means of entrance to or egress from a parking place.

(4) The exercise by a local authority of their powers under this section with respect to the use as a parking place of any part of a road shall not render them subject to any liability in respect of the loss of or damage to any vehicle or the fittings or contents of any vehicle parked in the parking place.

(5) Any power conferred by this section to provide a parking place includes power to maintain it (if below ground) and to maintain buildings comprised in it, and to provide and maintain any cloakroom or other convenience for use in connection with it (references to parking places in other provisions of this section and in sections 29(4) and 31(7) of this Act being accordingly construed as including references to such a convenience).

(6) In this section and sections 29 to 32 of this Act—

(a) " local authority ", in relation to England and Wales, means the council of a county borough, London borough or county district, the Common Council of the City of London or, subject to subsection (7) below, the Greater London Council, and, in relation to Scotland, means a county council or town council;

(b) " parking place " means a place where vehicles, or vehicles of any class, may wait;

and for the purposes of those sections an underground parking place shall not be deemed to be part of a road by reason only of its being situate under a road.

(7) The Greater London Council shall not exercise their powers under this section or section 29 of this Act—

(a) as respects any London borough, without the consent of the council of that borough, or

(b) as respects the City of London, without the consent of the Common Council,

except with the consent of the Minister.

(8) For the purposes of the Telegraph Acts 1863 to 1962 an underground parking place situate under a road which is provided and maintained under this section shall be deemed to be a subway within the meaning of section 6 of the Telegraph Act 1878.

Additional powers of local authorities in connection with off-street parking places.

29

(1) The power of a local authority under section 28 of this Act to provide off-street parking places shall include power, exercisable in accordance with proposals in that behalf made to the appropriate Minister and approved by him, to provide them in buildings used also for other purposes, and to erect or adapt, and to maintain, equip and manage, buildings accordingly ; and the authority by whom a parking place is so provided may let on such terms as they think fit parts of the building which are not used for the parking place, and may provide services for the benefit of persons occupying or using those parts, and make such reasonable charges for those services as they may determine.

(2) The appropriate Minister shall not approve proposals submitted to him under subsection (1) above for the provision of a parking place in a building used also for other purposes unless he is satisfied that the extent to which those purposes will be served by the building is no more than reasonable to ensure the economic operation of the parking place.

(3) A local authority may adapt for use as a temporary off-street parking place any land owned by them or under their control, not being, in the case of land so owned, land acquired or appropriated by them for such a parking place.

(4) A local authority may let for use as a parking place any off-street parking place provided by them.

(5) Where under subsection (1) above a local authority provide an off-street parking place in a building, the power conferred on them by subsection (4) above shall extend to letting the parking place separately from the rest of the building and to letting the whole or any part of the building with the parking place.

(6) A local authority may on such terms as they think fit—

(a) let land on which they could erect or adapt a building for the purpose of providing an off-street parking place with a view to some other person's doing so ; or

(b) arrange with any person for him to provide such a parking place on any land of which he is the owner or in which he has an interest.

(7) A local authority may at an off-street parking place provided by them under section 28 of this Act provide and maintain such buildings, facilities and apparatus as they think fit for the storage and sale of fuel and lubricants and supply of air and water for the vehicles, and may let or hire out, on such terms as they think fit, the buildings, facilities or apparatus so provided, but shall not themselves sell or supply fuel or lubricants.

(8) The foregoing provisions of this section shall not affect the provisions of any local Act as to the provision of parking places.

(9) A local authority shall have power, and (notwithstanding anything in section 81 of the Road Traffic Act 1960 as originally enacted or in the corresponding provision of the enactments repealed by that Act) shall be deemed always to have had power, to enter into arrangements with any person under which, in consideration of the payment by him to the authority of a lump sum, or series of lump sums, he is authorised to collect and retain the charges made in respect of the parking of vehicles in an off-street parking place provided by the authority under section 28 of this Act, under the said section 81 or under that section as applied by virtue of section 82 of the said Act of 1960 or under the corresponding provisions of the enactments repealed by that Act.

Acquisition of land.

30

(1) A local authority may be authorised by the appropriate Minister to purchase compulsorily land for the purposes of sections 28 and 29(6)(a) of this Act, and the Acquisition of Land (Authorisation Procedure) Act 1946 or, as the case may be, the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to the compulsory purchase of land under this subsection as if it had been in force immediately before the commencement of that Act.

In this subsection " land " includes any interest or right in, over or under land.

(2) Land compulsorily acquired by a local authority otherwise than for the provision of an off-street parking place and not appropriated for a purpose other than that for which it was acquired shall not be used, by them for the provision of an off-street parking place thereon for a period exceeding twelve months except with the consent of the Minister of the Crown who, at the time when his consent is sought, is the Minister concerned with the function for the purposes of which the land was acquired.

(3) The power of a local authority to acquire land for the purposes of sections 28 and 29(6)(a) of this Act shall extend to the acquisition of any interest or right in, over or under land.

Provisions as to use of parking places provided under s. 28.

31

(1) Subject to sections 84A, 84B and 84C of this Act, a local authority may, as respects any parking place—

(a) provided by the authority under section 28 of this Act, or

(b) provided under any letting or arrangements made by the authority under section 29(6) thereof,

by order make provision as to the use of the parking place, and in particular as to the vehicles or class of vehicles which may be entitled to use it, as to the conditions on which it may be used, as to the charges to be paid in connection with its use (where it is an off-street one) and as to the removal therefrom of a vehicle left there in contravention of the order and the safe custody of the vehicle.

(2) An order under subsection (1) above may provide for a specified apparatus or device to be used as a means to indicate the time at which a vehicle arrived at, and the time at which it ought to leave, a parking place, or one or other of those times, or the charges paid or payable in respect of a vehicle in an off-street parking place, or as a means to collect any such charges, and may make provision regulating the use of any such apparatus or device; but an order shall not provide for the use of any apparatus or device not generally or specially approved for the purpose by the appropriate Minister and, where an order provides for the use of any apparatus or device for collecting charges at an off-street parking place, the local authority shall comply with any directions of the appropriate Minister as to the testing, maintenance and periodical inspection of the apparatus or device.

(3) In the event of any contravention of, or non-compliance with, a provision of an order under subsection (1) above, the person responsible shall be liable on summary conviction to a fine not exceeding £5 or, in the case of a second or subsequent conviction, to a fine not exceeding £10 ; and where such an order provides for the use of any apparatus or device for collecting charges at an off-street parking place, any person who, with intent to defraud, interferes with the apparatus or device, or operates or attempts to operate it by the insertion of objects other than current coins of the appropriate denomination, shall be liable on summary conviction to a fine not exceeding £50 or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

(4) An order under subsection (1) above may include provision—

(a) for determining the person responsible for any contravention of, or non-compliance with, the order;

(b) for treating the indications given by any apparatus or device used in pursuance of the order as evidence, and in Scotland sufficient evidence, of such facts and for such purposes as may be provided by the order ;

(5) While a vehicle is within a parking place, it shall not be lawful for the driver or conductor of the vehicle, or for any person employed in connection therewith, to ply for hire or to accept passengers for hire, and if a person acts in contravention of this provision he shall be liable on summary conviction to a fine not exceeding £2.

(6) In England or Wales, a local authority may institute proceedings for offences in connection with parking places provided by the authority, or provided under any letting or arrangements made by the authority under section 29(6) of this Act, being offences under subsection (3) or (5) above.

(7) A local authority may appoint with or without remuneration such officers and servants as may be necessary for the superintendence of parking places.

(8) Nothing in subsections (1) to (4) above shall affect the Restriction of Ribbon Development (Power to Provide Parking Places) Order 1936, so far as it applies to the City of London or apply to any byelaws having effect as respects the City of London by virtue of that Order; and that Order, so far as it so applies, shall continue to have effect by virtue of this subsection.

Provisions supplemental to ss. 28 to 31.

32

(5) A local authority may contribute towards the expenses incurred by any other authority in the exercise of their powers under sections 28, 29(1), 30 and 31(7) of this Act.

(6) A local authority in Scotland may borrow such sums as they may require for the purposes of the provisions mentioned in subsection (5) above.

Omnibus and coach stations.

33

(1) Subject to subsection (1A) below and to sections 84A, 84B and 84C of this Act, where, in pursuance of the powers conferred by section 28 of this Act, a local authority provide a parking place which may be used by public service vehicles, the local authority may, if they think fit,—

(a) by order appoint that parking place as a station for, or for a specified class of, such vehicles ;

(b) in England or Wales by regulation, and in Scotland by order, declare that section 31(5) of this Act shall not apply to public service vehicles, either absolutely or to such extent as may be specified in the regulation or order.

(1A) Without prejudice to subsection (1) and to any regulations under subsection (2) or (4) of section 84C of this Act, before making an order under subsection (1)(a) above otherwise than in pursuance of a direction given by the Minister under section 84A(1) of this Act, the local authority shall consult—

(a) with the appropriate traffic commissioners; and

(b) if the local authority's area is situated wholly or partly within an area designated under section 9(1) of the Transport Act 1968, with the Executive for that area ;

and, if the order is required to be submitted to the Minister for his consent under section 84B of this Act, the authority shall so consult before so submitting it.

(2) Where a parking place is appointed under this section as a station for public service vehicles, the local authority may—

(a) do all such things as are necessary to adapt the parking place for use as such a station, and in particular provide and maintain waiting rooms, ticket offices and lavatories, and other similar accommodation, in connection therewith;

(b) make reasonable charges for the use of, or let on hire to any person, any accommodation so provided; and

(3) A local authority shall have power to make such reasonable charges for the use of a parking place, not being part of a street, as a station for public service vehicles as may be fixed by the local authority, so however that if the public service vehicle licence holder in respect of any vehicles using the parking place as a station considers that the charges fixed are unreasonable, then, in default of agreement between the licence holder and the local authority for a reduction thereof, the charges in respect of those vehicles shall be such as may be determined by the appropriate traffic commissioners.

(5) In this section, the expression " the appropriate traffic commissioners " means the commissioners for any traffic area constituted for the purposes of Part III of the Road Traffic Act 1960 in which the area or any part of the area of the local authority is situate.

(8) The powers conferred on a local authority by subsections (1) and (2) above shall be in addition to, and not in substitution for, the powers conferred on a local authority by sections 28 and 29(1) of this Act.

(9) The purposes of this section shall be purposes for which a local authority may borrow.

Provisions as to foreshore in Scotland.

34

(1) Nothing in sections 28, 29(1), 30(1) and 33 of this Act shall authorise the execution of any works on, over or under tidal lands in Scotland below high-water mark of ordinary spring tides except in accordance with such plans and sections and subject to such restrictions and regulations as previous to such works' being commenced have been approved in writing by the Board of Trade.

(2) The functions of the Board of Trade under this section may be exercised by the President of the Board of Trade, any Minister of State with duties concerning the affairs of the Board, any secretary, under-secretary or assistant secretary of the Board, or any person authorised in that behalf by the President of the Board.

Parking places (general provisions): on highways for payment

Provision on highways of parking places where charges made.

35

(1) Subject to sections 84A, 84B and 84C of this Act, the following authority, namely—

(a) as respects any part of Greater London, the Greater London Council on the application of the local authority;

(b) as respects any other area, the local authority with the consent, if they are not the highway authority for the highway in question, of that highway authority,

may by order designate parking places on highways in the local authority's area for vehicles or vehicles of any class specified in the order, and the local authority may make charges for vehicles left in any parking place so designated of such amount as is prescribed under section 36 of this Act.

(1A) Any order under this section, whether made under subsection (1) above or under subsection (5) below, may designate any parking place for use, either at all times or at times specified in the order, only by such persons or vehicles, or such persons or vehicles of any class specified in the order, as may be authorised for the purpose by a permit from the authority operating the parking place; and that authority may, in the case of any particular parking place and any particular vehicle, or any vehicle of a particular class, instead of making a charge as mentioned in the said subsection (1) or (5), issue a permit for that vehicle to be left in that parking place while the permit remains in force either at all times or at such times as may be specified in the permit and make such charge in connection with the issue or use of that permit of such amount payable in such manner as the authority by whom the designation order was made may by order prescribe ; but no charge shall be made by virtue of this subsection in respect of a public service vehicle.

(2) In determining what parking places are to be designated under this section the authority concerned shall consider both the interests of traffic and those of the owners and occupiers of adjoining property, and in particular the matters to which that authority shall have regard shall include—

(a) the need for maintaining the free movement of traffic, and

(b) the need for maintaining reasonable access to premises, and

(c) the extent to which parking accommodation (whether open or covered) otherwise than on highways is available in the neighbourhood or the provision thereof is likely to be encouraged there by the designation of parking places under this section.

(3) The exercise by any authority of functions under this section shall not render the authority subject to any liability in respect of the loss of or damage to any vehicle in a parking place or the contents or fittings of any such vehicle.

(4) In this section and sections 36 to 44 of this Act " local authority " means the council of a county borough or county district, the Common Council of the City of London or the council of a London borough or, in Scotland, a county council or a town council and " the local authority ", in relation to a parking place or proposed parking place on any site, means that one of the said councils in whose area the site is.

(5) If it appears to the Greater London Council, without any application being made by the local authority, that it is expedient that parking places be designated under this section on highways at any sites in Greater London, then, subject to sections 84A, 84B and 84C of this Act, they may by order designate those parking places for vehicles or vehicles of any class specified in the order, and may make charges for vehicles left in any parking place so designated of such amount as is prescribed under section 36 of this Act; and—

(a) in relation to parking places designated by virtue of this subsection references in sections 36 and 37 of this Act to the local authority shall be construed as references to the Greater London Council;

(b) if the Greater London Council enter into an agreement with the local authority for the transfer to the local authority of the operation of any parking place so designated, the operation thereof, and such apparatus or other things held by, and rights or liabilities of, the Greater London Council in connection with the parking place as may be specified in the agreement, shall be transferred as from such date and on such terms (including terms as to the making of payments to or by the Greater London Council) as may be so specified;

(c) from the taking effect of any such transfer of the operation of a parking place the order designating the parking place shall have effect subject to such modifications (if any) as the Greater London Council may direct, being modifications appearing to them requisite in consequence of the transfer, and the provisions of this section and sections 36, 37, 42 and 44 of this Act shall thereafter apply as if the parking place had been designated by order made on the application of the local authority.

(6) Where an order has been made under paragraph (a) of subsection (1) above on the application of a local authority, an order under that paragraph by virtue of section 84D(1) of this Act varying or revoking the first-mentioned order may be made without such an application.

(7) Subject to sections 84A, 84B and 84C of this Act, in any case where it appears to the authority concerned to be expedient so to do having regard to any objections duly made in respect of proposals made by that authority for a designation order or, where that authority are the Greater London Council, in respect of an application made to that Council for such an order, they may, if they think fit, make an interim order pursuant to the proposals or application in respect of any one or more of the sites affected or in respect of any part of any of those sites and postpone for further consideration the making of any further order in pursuance of the proposals or application.

(9) Nothing in this section shall affect the operation of section 6 or 28 of this Act.

Regulation of parking in places designated under s. 35.

36

(1) Subject to sections 84A, 84B and 84C of this Act, the authority by whom a designation order is made shall by order prescribe any charges to be paid for vehicles left in a parking place designated by the order, and any such charge may be prescribed either—

(a) as an amount (hereinafter referred to as an initial charge) payable in respect of an initial period and an amount (thereinafter referred to as an excess charge) payable, in addition to an initial charge, in respect of any excess over an initial period ; or

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