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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 |
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Leighton Terrace
|
north side |
from a point 34 metres from
its junction with York Road
to a point 46 metres from
that junction |
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Oxford Road |
south side |
from a point 36 metres from
its junction with York Road
to a point 48.5 metres from
that junction |
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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 |
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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
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