A Traffic Order is a legal document made by a local authority, under its powers as a highway authority, that enables the local authority to introduce parking restrictions, speed limits, one-way streets, banned turns, disabled parking bays, width restrictions, weight limits, vehicular traffic restrictions, parking bays and to close roads for construction works, maintenance or special events. Failure to comply with the requirements of a traffic order, as indicated by signs or road markings, is an offence that results in prosecution by the Police and/or the local authority.

The Road Traffic Regulation Act 1984 grants the powers to the local authority to make a traffic order. Other Acts of Parliament vary these powers for certain situations such as special events or temporary traffic orders. The procedures that must be followed to make a traffic order are laid down by Parliament in a Statutory Instrument.

Permanent Traffic Orders

The regulations require a public consultation period of a minimum of 21 days for the most common form of traffic order – known as a permanent traffic order. There is a requirement to publish a public notice – known as a Notice of Proposal – to announce that the local authority proposes to make a traffic order. This notice must be published in the London Gazette – a paper produced by HMSO for the publication of all types of public notice – and a local newspaper that is circulated in the area of the proposed traffic order. The Council currently use The Post for this purpose.

There is also a requirement to consult directly with certain organisations such as the Police, emergency services, bus operators, Road Haulage Association etc.

To ensure that the public are fully aware of the proposals, the Council places notices in the affected streets and often delivers letters to residents in those streets.

Anybody has the right to make a representation to the Council regarding a proposal. This must be done in writing and state any reasons for objecting. The Council must consider any material objections it receives and in certain cases these may be referred back to the relevant area committee of councillors. If the proposal proceeds, then a second public notice is published – the Notice of Making – in the same publications. Once the traffic order comes into effect, any carriageway marking and traffic signs associated with it shall be put in place.

Experimental traffic orders  

Experimental traffic orders are used to introduce traffic schemes so that their performance may be monitored before being made permanent. There is scope within an experimental traffic to make amendments to a traffic scheme and observe their effect. A Notice of Making is published in the London Gazette and The Post; the Council places notices in the affected streets and delivers letters to the residents, but there is no public consultation before the experimental traffic order is made and brought into effect. From the date the order is made, there is a 6 months public consultation that allows representations to be submitted based on experience of the traffic scheme in operation. After that period, the scheme may be modified or varied in which case there will be a further 6 months consultation period, or revoked if it fails to achieve its objective, or made permanent. There is a maximum time period of 18 months from the date the experimental traffic order is made in which to make the order permanent. A further Notice of Making is then published; which states that the experimental order is being made permanent.

Permanent or experimental traffic orders may be part of a traffic scheme or a construction project which would have been discussed by one of the Council’s area committees before the councillors agree to the plans. Something small - like double yellow lines at a road junction – would have been agreed under powers delegated to the Executive Head of Planning, Transport and Highways.

There are other variants of traffic order that are used. The most common of these is the Temporary Traffic Order. This is used mainly when works are to take place on the highway or adjacent to it. Road surfacing and works by the public utilities to lay new mains or cables are when a temporary traffic order would be used to close a road or implement one-way working. The regulations only require that a notice is published in a local newspaper and in this instant it is called a Notice of Intent - the Council ‘intends to make’ the temporary traffic order rather than ‘proposes to make’ a permanent traffic order.The Council also places notices in the affected streets and delivers letters to residents in those streets for this type of traffic order. There is no public consultation so the Council publishes a Notice of Making shortly after publishing the first notice. This contains the date that the traffic order comes into effect and the works may commence from this date.

A temporary traffic order has a maximum duration of 18 months. Although most works are usually completed well within that time, to allow for any overrunning of the works or any problems developing from the works, the Council makes temporary traffic orders that are valid for 18 months. In case of an emergency such as a bridge that may be liable to collapse, restrictions can be introduced by notice and take immediate effect.

Special Events Traffic Orders

The final type of traffic order is for special events. This usually takes the form of a road closure to allow an event to take place on it. In Sutton, special events orders are made for the Charter Fairs in Carshalton and Cheam. The format used is similar to that for a temporary traffic order. There is a Notice of Intent and a Notice of Making published in The Post. The Council places notices in the affected streets and delivers letters to those who might be affected by the order. The special events order only has effect for the duration of the event.

CONTACT US

For further information contact Transport, Planning and Works on Telephone No. 020 8770 6455