On the road again
David Merson and Laura Tanguay discuss the Government’s consultation on traffic management orders and the publicity and consultation requirements placed on traffic authorities when making such orders.
On 30 January 2011, the Department for Transport released its consultation paper, “Traffic Orders: Simplifying the Process”. The consultation proposes a number of amendments to legislation dealing with traffic management orders, namely: the Secretary of State’s Traffic Orders (Procedure) (England and Wales) Regulations 1990 (SI 1990/1656)1; the Road Traffic (Temporary Restrictions) Procedure Regulations 1992 (SI 1992/1215)2; and the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 (SI 1990/2489)3.
Essentially, the consultation seeks to amend the current notification and consultation requirements placed on traffic authorities – which include local authorities, the Highways Agency, TfL in London and in certain circumstances the Secretary of State – when they are proposing traffic orders under provisions contained in the Road Traffic Regulation Act 1984. Traffic orders can apply to all types of road and can be either short term, permanent or experimental in nature.
Current requirements
At present, traffic authorities must advertise their traffic order proposals in a local newspaper. Further requirements are placed on local authorities – who must use an additional form of publicity, such as notices to affected properties, and advertise in the London Gazette if they relate to London – and the Highways Agency – who must advertise in the London Gazette, whether or not they directly affect roads within London.
The proposed changes
The consultation proposes that, in relation to England only, all specific requirements about how orders must be publicised should be removed. Although publicity must still take place, it will be up to the traffic authority in each case to decide what methods are appropriate and a newspaper publication will not be mandatory. This will enable local authorities to use more modern means of communication such as local authority and social net-working websites which will arguably be cheaper and more effective than newspaper articles. The Department for Transport plan to issue guidance alongside any new regulations to assist traffic authorities in making these decisions.
The consultation also includes plans to remove the current requirement to publicise temporary orders twice. At present traffic authorities are required to publicise their plans at proposal and making. Given that a proposed order is not usually amended prior to taking effect, the double publication is considered excessive. Traffic authorities will therefore only be required to publicise once – after the order has been made – unless the order has been varied between the two stages. The aim is that this will be much more cost effective for traffic authorities and it is hoped that the current expenditure on advertising of £20 million per year can be reduced.
A further proposal set out in the consultation is to remove the current prescriptive list of statutory consultees with whom traffic authorities must consult and instead place authorities under a general duty to consult such persons as they consider appropriate. At the same time, the consultation proposes to add a requirement to consult town or parish councils (plus district councils where applicable) regarding permanent traffic orders. It is thought that these proposals will inject flexibility into the system while at the same time maintaining the necessary democratic safeguards.
Timetable
The final form of the proposal will not be known for some time and interested parties have until 23 April 2012 to respond to the consultation.
David Merson is Head of Planning & Environment and Laura Tanguay is a trainee solicitor at Steeles Law. David can be contacted on 020 7421 1720 or by email at This email address is being protected from spambots. You need JavaScript enabled to view it..
