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A traffic order is a legal document produced and held by the council
that specifies the exact location and times of operation of a parking,
loading, bus lane or other restriction (such as banned turns).
They
are sometimes know as Traffic Management Orders (TMOs)
or Traffic Regulation Orders (TROs) and also include details of any exemptions
eg buses and taxis. The information on this document
must match the signs and roadmarkings
on the street and if it doesn't, or doesn't exist, then the restriction is
unenforceable. So for instance if a bus lane sign states 'Monday - Saturday'
but the traffic order states 'Monday - Friday', then the bus lane cannot
be enforced on Saturdays and any ticket issued on that day is invalid. All restrictions except bus stops, bus stands and yellow
boxes require a traffic order.
By law the traffic order must be made viewable to the public. To view an order, contact
the transport department of the relevant local authority. You may request a copy
be sent to you under the Freedom of Information Act. A few authorities such as
Devon
keep their orders on line.
Example of a traffic
order:
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NO
WAITING MONDAY TO SATURDAY 9AM to 6PM
lengths of road in the City of Exeter |
|
Leighton
Terrace |
north
side |
from
a point 34 metres from its junction with York Road to a point 46 metres from that
junction | |
Oxford
Road |
south
side |
from
a point 36 metres from its junction with York Road to a point 48.5 metres
from that junction | |
from
a point 252 metres from its junction with York Road to a point 264 metres from
that junction | |
Queens
Crescent |
northeast
side |
from
a point 27 metres from its junction with York Road to a point 37 metres from that
junction | |
Well
Street |
north
side |
from
a point 12 metres north-east of its junction with St Sidwells Avenue (C/L) to
a point 22 metres north-east of that junction | |
from
a point 56 metres north-east of its junction with St Sidwells Avenue (C/L) to
a point 66 metres north-east of that junction | |
from
a point 82 metres north-east of its junction with St Sidwells Avenue (C/L) to
a point 100 metres north-east of that junction |
Check
that the restriction at the location you received your ticket
conforms with the traffic order. Both in terms of the exact location
and the hours and days of operation. Any difference is grounds for
an appeal. Also check for any exemptions to the restriction eg
picking up or dropping off passengers may be allowed.
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Relevant Legislation
The Road Traffic Regulation
Act 1984 empowers highway authorities to make traffic orders to restrict or regulate
movement on a highway or certain users on the highway either permanently or for
a temporary specified period.
The
Local Authorities' Traffic Orders (Procedure) (England and Wales's) Regulations,
1996 specifies the procedures for introducing traffic orders that local
authorities must adhere to. Check these if you believe your council may have introduced
restriction illegally. If they have not followed this procedure then the order
is illegal and cannot be enforced.
This also
places a duty on authorities to ensure the roadmarkings and signs are
maintained:
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“Where an order relating to a
road has been made, the order making authority shall take such
steps as are necessary to secure:
(a) before the order comes into force, the placing on or near
the road of such traffic signs in such positions as the order
making authority may consider requisite for securing that
adequate information as to the effect of the order is made
available to persons using the road;
(b) the maintenance of such signs for as long as the order
remains in force.” |
Schedule 2 of this act decrees that
Traffic Orders must be made available for inspection by the public | 
