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Road Traffic Act 1991 (c. 40)

(The document as of February, 2008)

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(c) make transitional provision and different provision for different cases. "

(3) In subsection (3) for the words "under subsection (1)" there shall be substituted the words "made by virtue of subsection (1)(a)".

(4) At the end there shall be added--

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

46 Tramcars and trolley vehicles

(1) After section 141 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (tramcars and trolley vehicles) there shall be inserted--

" 141A Tramcars and trolley vehicles: regulations

(1) The Secretary of State may by regulations provide that such of the provisions mentioned in subsection (2) below as are specified in the regulations shall not apply, or shall apply with modifications--

(a) to all tramcars or to tramcars of any specified class, or

(b) to all trolley vehicles or to trolley vehicles of any specified class.

(2) The provisions referred to in subsection (1) above are the provisions of sections 1 to 14, 18 and 81 to 89 of this Act.

(3) Regulations under this section--

(a) may make different provision for different cases,

(b) may include such transitional provisions as appear to the Secretary of State to be necessary or expedient, and

(c) may make such amendments to any special Act as appear to the Secretary of State to be necessary or expedient in consequence of the regulations or in consequence of the application to any tramcars or trolley vehicles of any of the provisions mentioned in subsection (2) above.

(4) In this section--

  • "special Act" means a local Act of Parliament passed before the commencement of this section which authorises or regulates the use of tramcars or trolley vehicles;

  • "tramcar" includes any carriage used on any road by virtue of an order under the [1896 c. 48.] Light Railways Act 1896; and

  • "trolley vehicle" means a mechanically propelled vehicle adapted for use on roads without rails under power transmitted to it from some external source (whether or not there is in addition a source of power on board the vehicle). "

(2) After section 193 of the [1988 c. 52.] Road Traffic Act 1988 (exemptions for tramcars, trolley vehicles etc) there shall be inserted--

" 193A Tramcars and trolley vehicles

(1) The Secretary of State may by regulations provide that such of the provisions mentioned in subsection (2) below as are specified in the regulations shall not apply, or shall apply with modifications--

(a) to all tramcars or to tramcars of any specified class, or

(b) to all trolley vehicles or to trolley vehicles of any specified class.

(2) The provisions referred to in subsection (1) above are the provisions of--

(a) sections 12, 40A to 42, 47, 48, 66, 68 to 73, 75 to 79, 83, 87 to 109, 143 to 165, 168, 170, 171, 178, 190 and 191 of this Act, and

(b) sections 1, 2, 7, 8, 22, 25 to 29, 31, 32, 34 to 48, 96 and 97 of the [1988 c. 53.] Road Traffic Offenders Act 1988 (provisions requiring warning of prosecution etc and provisions connected with the licensing of drivers).

(3) Regulations under this section--

(a) may make different provision for different cases,

(b) may include such transitional provisions as appear to the Secretary of State to be necessary or expedient, and

(c) may make such amendments to any special Act as appear to the Secretary of State to be necessary or expedient in consequence of the regulations or in consequence of the application to any tramcars or trolley vehicles of any of the provisions mentioned in subsection (2) above.

(4) In this section "special Act" means a local Act of Parliament passed before the commencement of this section which authorises or regulates the use of tramcars or trolley vehicles. "

47 Applications for licences to drive hackney carriages etc

(1) Part II of the [1976 c. 57.] Local Government (Miscellaneous Provisions) Act 1976 (including that Part as it applies in any area at the commencement of this section) shall have effect with the insertion of the following subsection after subsection (1) of each of section 51 (licensing of drivers of private hire vehicles) and section 59 (qualifications for drivers of hackney carriages)--

" (1A) For the purpose of satisfying themselves as to whether an applicant is a fit and proper person to hold a driver's licence, a council may send to the chief officer of police for the police area in which the council is situated--

(a) a copy of that person's application, and

(b) a request for the chief officer's observations;

and the chief officer shall respond to the request. "

(2) Where any local Act contains a provision requiring a district council to be satisfied as to the fitness of an applicant to hold a licence to drive a private hire vehicle or a hackney carriage, the council may send to the chief officer of police for the police area in which the council is situated--

(a) a copy of that person's application, and

(b) a request for the chief officer's observations;

and the chief officer shall respond to the request.

48 Minor and consequential amendments

Schedule 4 to this Act, which makes minor amendments and amendments consequential on the preceding provisions of this Act, shall have effect.

49 Omission of enactments not brought into force

Parts II, III and IV of Schedule 2 to the [1988 c. 54.] Road Traffic (Consequential Provisions) Act 1988 (re-enactment or amendment of certain enactments not brought into force) shall be omitted.



Part III Traffic In London

Priority routes

50 Designation of priority routes

(1) The Secretary of State may by order ("a priority route order") designate any road in London as a priority route.

(2) The Secretary of State shall exercise his powers under subsection (1) above so as to provide for a network of priority routes in London ("the priority route network") with a view to improving the movement of traffic.

(3) Before making a priority route order, the Secretary of State shall consult--

(a) the London authority within whose area the proposed priority route is;

(b) the relevant Commissioner or, if appropriate, both Commissioners; and

(c) London Regional Transport.

(4) Where it appears to the Secretary of State that the designation of any road as a priority route is likely to affect a road within the area of--

(a) a London authority other than that consulted under subsection (3)(a) above; or

(b) a county council,

he shall also consult that other London authority, or that county council, before making the proposed priority route order.

51 The Secretary of State's traffic management guidance

(1) The Secretary of State shall issue to the London authorities and the Director guidance ("the Secretary of State's traffic management guidance") with respect to the management of traffic in London, and in particular with respect to priority routes and the priority route network.

(2) Any such guidance may--

(a) include provision--

(i) setting out the Secretary of State's objectives in designating priority routes; and

(ii) with respect to the role of the Director; and

(b) be varied at any time by the Secretary of State.

(3) Before issuing or varying any such guidance, the Secretary of State shall consult--

(a) such associations of London authorities (if any) as he thinks appropriate;

(b) the two Commissioners;

(c) the Disabled Persons Transport Advisory Committee; and

(d) London Regional Transport.

(4) In preparing any such guidance, the Secretary of State shall have regard to the needs of people with a disability.

52 The Traffic Director for London

(1) The Secretary of State shall appoint a person to be known as the Traffic Director for London (in this Act referred to as "the Director").

(2) Schedule 5 to this Act shall have effect with respect to the Director.

(3) In addition to the specific duties imposed on him by this or any other enactment, the Director shall have the general duty--

(a) of co-ordinating the introduction and maintenance of traffic management measures taken by highway authorities in relation to priority routes established under this Part of this Act; and

(b) of monitoring the operation of those measures.

(4) The Director shall keep under review the manner in which the London authorities exercise their functions under Part III of the [1991 c. 22.] New Roads and Street Works Act 1991 in relation to priority routes or roads which, in his opinion, are likely to affect traffic using any priority route.

(5) The Secretary of State shall set objectives which he expects the Director to meet in exercising his functions.

(6) The Secretary of State shall publish, in such manner as he considers appropriate, any objectives which he sets under subsection (5) above.

(7) The Director shall exercise his functions--

(a) so as to meet any such objectives, so far as it is reasonably practicable for him to do so; and

(b) in accordance with any directions which the Secretary of State may from time to time see fit to give him.

(8) Any objectives set for the Director under subsection (5) above and any directions given to him under subsection (7) above may be specific or general.

(9) The Secretary of State shall publish, in such manner as he considers appropriate, any directions which he gives to the Director under subsection (7) above.

53 The Director's network plan

(1) As soon as is reasonably practicable after first receiving a copy of the Secretary of State's traffic management guidance, the Director shall prepare and submit to him, and to each of the London authorities, his plans for the design and operation of the priority route network ("the network plan").

(2) The Director may divide the network plan into such parts as he considers appropriate and prepare and submit those parts separately.

(3) In preparing the network plan, or any part of it, the Director shall have regard to the Secretary of State's traffic management guidance and to the needs of people with a disability.

(4) Before submitting the network plan, or any part of it, the Director shall consult--

(a) the Secretary of State;

(b) the relevant Commissioner or, if appropriate, both Commissioners;

(c) any London authority within whose area there is any road which, in the opinion of the Director, is likely to be affected;

(d) such county councils (if any) as he thinks appropriate;

(e) such associations of London authorities (if any) as he thinks appropriate; and

(f) London Regional Transport.

(5) The network plan shall, in particular, include provision with respect to--

(a) the Director's overall objectives for particular priority routes;

(b) the traffic management measures which he expects to see taken in relation to priority routes in general or particular priority routes;

(c) the Director's requirements as to the timetable for the phased introduction of the priority route network; and

(d) the operation and maintenance of traffic management measures taken in respect of priority routes.

(6) The Director may from time to time vary the network plan, but before doing so he shall consult the persons mentioned in subsection (4) above.

(7) In preparing any variation, the Director shall have regard to the Secretary of State's traffic management guidance and to the needs of people with a disability.

(8) After varying the network plan, the Director shall submit it to the Secretary of State and to each of the London authorities.

(9) The Director shall--

(a) keep the network plan under review; and

(b) have regard to the desirability of varying it, particularly in the light of any further guidance issued by the Secretary of State under section 51 of this Act.



Local plans and trunk road local plans

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54 Duty of London authorities to prepare local plans

(1) Each London authority shall, after first receiving a copy of--

(a) the Secretary of State's traffic management guidance; and

(b) the network plan,

prepare a statement ("the local plan") of their proposals with respect to the operation of those priority routes which are within their area and with respect to which they are the highway authority.

(2) A local plan shall be in such form as may be specified by the Director.

(3) Where the Director prepares and submits the network plan in parts, subsection (1) above applies separately with respect to each part of the network plan.

(4) A local plan shall be prepared in accordance with the timetable set out in the network plan by virtue of section 53(5)(c) of this Act.

(5) Where the Secretary of State asks a London authority to make provision in their local plan with respect to a trunk road within their area which is a priority route, that authority may make, or (as the case may be) vary, their local plan so that it also has effect in relation to that trunk road.

(6) In preparing their local plan, a London authority shall have regard to--

(a) the Secretary of State's traffic management guidance; and

(b) the network plan.

(7) A London authority's local plan shall, in particular--

(a) indicate which of their powers under the [1980 c. 66.] Highways Act 1980 or the [1984 c. 27.] Road Traffic Regulation Act 1984 they propose to exercise in relation to the priority routes to which their plan relates and the manner in which they propose to exercise them;

(b) identify any orders made under the Act of 1984 which are, in their opinion, inconsistent with their plan and indicate their proposals for varying or revoking them;

(c) indicate--

(i) which of their powers under the Act of 1980 or the Act of 1984 they propose to exercise in relation to those other roads in their area which are (or would otherwise be) likely to affect, or be affected by, traffic using any of the priority routes to which their plan relates; and

(ii) the manner in which they propose to exercise them;

(d) indicate how the proposals referred to in paragraphs (a), (b) and (c) relate, in particular, to the needs of people with a disability;

(e) specify--

(i) the period which they consider will be required to implement their plan, on the assumption that it is approved by the Director; and

(ii) a timetable ("the local plan timetable") for implementing the different elements of their plan;

(f) specify a programme of maintenance of those traffic management measures which are derived from the exercise, on or in relation to the priority routes to which their plan relates, of powers under the Acts of 1980 and 1984;

(g) specify the amount of the expenditure which, in the opinion of the authority, they will incur as a direct result of implementing their plan; and

(h) deal with any other matter which they consider relevant to the proper and effective implementation of their plan.

(8) In preparing their local plan, a London authority shall consult--

(a) the relevant Commissioner or, if appropriate, both Commissioners;

(b) London Regional Transport;

(c) such organisations representing the interests of people with a disability who may be affected by the plan as appear to the authority to be appropriate; and

(d) any other London authority within whose area there is situated any road which is not a priority route but which is, in the authority's opinion, likely to be affected by any of the priority routes to which their plan relates.

(9) A London authority shall submit their local plan to the Director for his approval.

(10) The Director shall not approve a local plan unless he is satisfied--

(a) that it is consistent with the Secretary of State's traffic management guidance and with the network plan;

(b) in the case of any provision which is inconsistent with the network plan or the Secretary of State's traffic management guidance, that that provision is nevertheless appropriate for inclusion in the local plan;

(c) with the costing of the authority's proposals; and

(d) with the local plan timetable.

(11) Every London authority shall--

(a) keep their local plan under review; and

(b) consider whether it needs to be varied, particularly in the light of--

(i) any further guidance issued by the Secretary of State under section 51 of this Act; and

(ii) any variation of the network plan made by the Director under section 53(6) of this Act.

55 The Director's trunk road local plans

(1) Where any priority route, or part of a priority route, is a trunk road, the Secretary of State may give a direction to the Director requiring him to prepare a statement of the Director's proposals with respect to the operation of that priority route or of such part of it as may be specified in the direction.

(2) Subsection (1) above does not apply in relation to any trunk road in relation to which provision has been made by a London authority (under section 54(5) of this Act) in their local plan.

(3) A statement prepared under subsection (1) above is referred to in this Part of this Act as a "trunk road local plan".

(4) The Director may from time to time vary any trunk road local plan.

(5) In preparing any trunk road local plan or variation, the Director shall have regard to the Secretary of State's traffic management guidance and the network plan and shall consult--

(a) the Secretary of State;

(b) the relevant Commissioner or, if appropriate, both Commissioners;

(c) any London authority within whose area is situated--

(i) any priority route to which the trunk road local plan will apply; or

(ii) any road which is not a priority route but which, in the opinion of the Director, is likely to be affected by any priority route to which the trunk road local plan will apply;

(d) such organisations representing the interests of people with a disability who may be affected by the plan as appear to him to be appropriate; and

(e) London Regional Transport.

(6) Any trunk road local plan shall--

(a) indicate which powers under the [1980 c. 66.] Highways Act 1980 or the [1984 c. 27.] Road Traffic Regulation Act 1984 the Director proposes should be exercised in relation to the priority routes to which the plan relates and the manner in which he proposes they should be exercised;

(b) identify any orders made under the Act of 1984 which are, in his opinion, inconsistent with the plan and indicate his proposals for their variation or revocation;

(c) indicate--

(i) which powers under the Act of 1980 or the Act of 1984 he proposes should be exercised in relation to those other roads within London which are (or would otherwise be) likely to affect, or be affected by, traffic using any of the priority routes to which the plan relates; and

(ii) the manner in which he proposes they should be exercised;

(d) indicate how the proposals referred to in paragraphs (a), (b) and (c) relate, in particular, to the needs of people with a disability;

(e) specify--

(i) the period which he considers will be required to implement the plan; and

(ii) a timetable for implementing the different elements of the plan;

(f) specify a programme of maintenance of those traffic management measures, which are derived from the exercise, on or in relation to the priority routes to which the plan relates, of powers under the Acts of 1980 and 1984; and

(g) deal with any other matter which the Director considers relevant to the proper and effective implementation of the plan.

(7) The Director shall, in relation to each of his trunk road local plans--

(a) keep the plan under review; and

(b) consider whether it needs to be varied, particularly in the light of--

(i) any further guidance issued by the Secretary of State under section 51 of this Act; and

(ii) any variation of the network plan which he makes under section 53(6) of this Act.

56 The Minister's trunk road local plans

(1) Where any priority route, or part of a priority route, is a trunk road with respect to which--

(a) no provision has been made in a local plan; and

(b) no direction has been given under section 55(1) of this Act,

the Secretary of State shall prepare a statement of his own proposals ("the Minister's trunk road local plan") with respect to the operation of that priority route or any part of it.

(2) A Minister's trunk road local plan may be varied at any time by the Secretary of State.

(3) In preparing any such plan or variation, the Secretary of State shall consult--

(a) the Director;

(b) any London authority within whose area is situated--

(i) any priority route to which the plan will apply; or

(ii) any road which is not a priority route but which, in the opinion of the Secretary of State, is likely to be affected by any priority route to which the plan will apply;

(c) the relevant Commissioner or, if appropriate, both Commissioners;(d) such organisations representing the interests of people with a disability who may be affected by the plan as appear to him to be appropriate; and

(e) London Regional Transport.

(4) A Minister's trunk road local plan shall, in particular--

(a) indicate which powers under the [1980 c. 66.] Highways Act 1980 or the [1984 c. 27.] Road Traffic Regulation Act 1984 the Secretary of State proposes should be exercised in relation to the priority routes to which the plan relates and the manner in which he proposes they should be exercised;

(b) identify any orders made under the Act of 1984 which are, in his opinion, inconsistent with the plan and indicate his proposals for their variation or revocation;

(c) indicate--

(i) which powers under the Act of 1980 or the Act of 1984 he proposes should be exercised in relation to those other roads within London which are (or would otherwise be) likely to affect, or be affected by, traffic using any of the priority routes to which the plan relates; and

(ii) the manner in which he proposes they should be exercised;

(d) indicate how the proposals referred to in paragraphs (a), (b) and (c) relate, in particular, to the needs of people with a disability;

(e) specify--

(i) the period which he considers will be required to implement the plan; and

(ii) a timetable for implementing the different elements of the plan;

(f) specify a programme of maintenance of those traffic management measures which are derived from the exercise, on or in relation to the priority routes to which the plan relates, of powers under the Acts of 1980 and 1984; and

(g) deal with any other matter which he considers relevant to the proper and effective implementation of the plan.

(5) Where the Secretary of State considers that the implementation of any part of the plan requires a London authority to exercise any of its powers he may, in writing, ask the authority to exercise such powers as he may specify in his request.

(6) Where--

(a) the Secretary of State has sent such a request to a London authority; but

(b) the authority have not, in his opinion, exercised the powers in question within a reasonable period,

the Secretary of State may direct them to do so.

(7) Where a London authority have failed to comply with a direction under subsection (6) above within such period as the Secretary of State considers could reasonably be required by them, he may himself exercise the powers in question.

(8) Anything done by the Secretary of State in the exercise of those powers shall be treated for all purposes as if it had been done by the authority.

(9) Where the Secretary of State proposes to exercise any of the powers of a London authority by virtue of subsection (7) above, he may direct that authority not to exercise those or any other such powers, in such circumstances or in relation to such matters, as may be specified in the direction.

(10) Where, having intervened under subsection (7) above, the Secretary of State is satisfied that continued intervention by him is unnecessary--

(a) he shall notify the authority accordingly in writing; and

(b) with effect from the date on which that notice is served by him, any direction given by him with respect to his intervention shall cease to have effect.

(11) Any reasonable administrative expenses incurred by the Secretary of State in the exercise of his powers under subsection (7) above shall be recoverable by him from the London authority as a civil debt.

57 Implementation of local plans

(1) Where the Director has approved a London authority's local plan, or has himself prepared a local plan on behalf of a London authority under section 61 of this Act, it shall be the duty of that authority to--

(a) implement the plan as soon as is reasonably practicable; and

(b) continue to act in a manner which is compatible with it.

(2) Every London authority shall provide the Director with such information, in such form and manner, as he may reasonably require with respect to the implementation or otherwise of their local plan.

(3) Where a London authority's local plan has effect in relation to a trunk road, by virtue of section 54(5) of this Act, the duty imposed by subsection (1) above shall apply in relation to the plan so far as it has that effect only if the Director, with the consent of the Secretary of State, gives a direction to that effect.

58 Implementation by Director of certain plans

(1) Where the Secretary of State gives a direction to the Director requiring him to implement any trunk road local plan, or Minister's trunk road local plan, or part of any such plan, it shall be the duty of the Director to implement the provisions of the plan or (as the case may be) of that part of the plan, so far as they have effect in relation to any trunk road, as soon as is reasonably practicable.

(2) Any direction given under subsection (1) above may require any provision to which it applies to be implemented to such limited extent as may be specified in the direction.

(3) In so doing, the Director shall have all the powers which the Secretary of State would have in relation to any trunk road with respect to which the plan has effect, so far as may be necessary or expedient for the purpose of implementing the provisions of the plan.

(4) Anything done by the Director in purported exercise of those powers shall be taken to have been done by the Secretary of State.

(5) Where the Director considers that the implementation of any part of the plan requires a London authority to exercise any of its powers he may, in writing, ask the authority to exercise such powers as he may specify in his request.

(6) Where--

(a) the Director has sent such a request to a London authority; but

(b) the authority have not, in his opinion, exercised the powers in question within a reasonable period,

the Director may direct them to do so.

(7) Where a London authority have failed to comply with a direction under subsection (6) above within such period as the Director considers could reasonably be required by them, he may himself exercise the powers in question.

(8) Anything done by the Director in the exercise of those powers shall be treated for all purposes as if it had been done by the London authority.

(9) Where the Director proposes to exercise any of the powers of a London authority by virtue of subsection (7) above, he may direct that authority not to exercise those or any other such powers, in such circumstances or in relation to such matters, as may be specified in the direction.

(10) Where, having intervened under subsection (7) above, the Director is satisfied that continued intervention by him is unnecessary--

(a) he shall notify the London authority accordingly in writing; and

(b) with effect from the date on which that notice is served by him, any direction given by him with respect to his intervention shall cease to have effect.

(11) Any reasonable administrative expenses incurred by the Director in the exercise of his powers under subsection (7) above shall be recoverable by him from the London authority as a civil debt.

(12) Where the Secretary of State implements any of the provisions of a trunk road local plan, he shall have in relation to those provisions the powers conferred upon the Director by subsections (5) to (11) above.

59 Variation of local plans

(1) A London authority may vary their local plan, but only with the written consent of the Director.

(2) The Director may give a direction to any London authority requiring them to vary their local plan in such manner as may be specified in the direction.

(3) In varying their local plan, a London authority shall have regard to the Secretary of State's traffic management guidance and to the network plan.

(4) Before varying their local plan, a London authority shall consult--

(a) the relevant Commissioner or, if appropriate, both Commissioners;

(b) London Regional Transport;

(c) such organisations representing the interests of people with a disability who may be affected by the plan as appear to the authority to be appropriate; and

(d) any other London authority within whose area there is situated any road which is not a priority route but which is, in the authority's opinion, likely to be affected by the proposed variation.

(5) Where a London authority fail, within a reasonable time, to comply with any direction given under subsection (2) above, the Director may vary the local plan on their behalf.

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