Traffic Regulation Orders
A Traffic Regulation Order (TRO) is a legal device that
enables the Highway Authority to regulate or prohibit the movement
of traffic on the highway. They apply to the regulation of speed,
movement and parking of vehicles as well as regulating pedestrian
movement.
If drivers do not comply with these TROs, they are then guilty
of an offence for which the courts may impose penalties such as
fines, license points or even disqualification.
Prior to October 2004, Eastleigh Borough Council utilised the
Road Traffic Regulation Act 1984 to authorise Traffic Regulation
Orders for enforcement by the Police. Since then however, EBC now
uses the provisions of the Road Traffic Act 1991 to transfer the
enforcement of on-street parking restrictions from the Police to
the Highway Authority, thereby allowing EBC to act as the agent for
that Authority (currently Hampshire County Council) and enforce
these restrictions.
All other non-parking TROs, such as speed and weight limits,
are still enforced by the Police.
Procedure for making a Traffic Regulation Order
The procedures for making TRO’s are laid down by the Secretary
of State and must be observed strictly. The procedure is outlined
below:
1. Consultation is initially
carried out with various statutory consultees including the Police,
Fire Brigade, Ambulance Service, County Councillor, local
Councillors and the County Surveyor. Any objections received from
the statutory consultees would have to be addressed and if the
objections cannot be resolved then the scheme may have to be
abandoned.
2. If no objections are received
to the initial consultation, or if any are received and can be
overcome, the proposed scheme is advertised for public comment for
a period of three weeks.
3. If objections are received at
either of these two stages then these must be considered and
reported to the Local Area Committee. The Committee meets every six
to eight weeks to consider reports.
4. If there are no objections,
or once the Committee approves an amended scheme, the proposal can
be implemented.
The likely timescale for implementation of the proposal
assuming there are no objections is approximately 26 weeks. If
objections are received then implementation could take nearer 40
weeks. The process often costs several thousand pounds.
Types of Traffic Regulation Order
There are three types of TRO:
Permanent
These are introduced on a fixed and on-going basis.
Experimental
These are used to see if the recommendation will work in
practise, before possibly converting it to a permanent TRO. They
may be made for up to 18 months to trial a scheme before deciding
whether to make it permanent. They are subject to different and
shorter procedural requirements. These are that:
- Orders must be advertised at least seven days before they are
due to come into effect.
- Consultation requirements must be followed before the order is
made.
- There is no requirement to advertise an order before the order
is made.
- Where an order is intended to become permanent, objections may
be made within six months of the order being made, or subsequently
varied by the authority.
- The authority must not vary or modify an order more than 12
months after the initial order is made (if it does so, it must
follow the normal and not shortened procedures for making the order
permanent); and
- An authority must consider all objections during the
consultation period, before deciding whether or not to make an
order permanent.
An authority must be able to demonstrate where the element of
experiment or uncertainty lies, as an experimental order can only
be made for the purpose of carrying out an experimental scheme of
traffic control.
Temporary
These are used to cover temporary events such as road works or
if a road is to be closed for a period of time for a carnival for
example and may also be made for up to 18 months. There is no right
of objection to a temporary order, as there is no right of
objection to a temporary notice. A notice may be used by a highway
authority or concessionaire of a toll road to immediately restrict
or prohibit the use of a road where there is a potential of danger
to the public or of serious damage to the highway. These may last
for between 5 and 42 days.
Why do we have Traffic Regulation Orders?
- They allow regulations to be enforced by the police or Highway
Authority;
- To avoid danger to persons or other traffic using the road, or
any other road or to prevent the likelihood of any danger
arising;
- In the interests of conserving air quality;
- To prevent damage to the road or to any building near or on the
road;
- To preserve the character of the road, in a case where it is
especially suitable for the use by persons on horseback or
foot;
- To preserve or to improve amenities of the are through which
the road runs;
- To facilitate the passage on the road or any other road of any
class of traffic (including pedestrians);
- To prevent the use of the road by vehicular traffic of a kind
or in a manner which is unsuitable, having regard to the existing
character of the road or adjoining property;
- They give road users and residents a chance to comment on
traffic management proposals.
Objections to Traffic Orders
You can now make your objection online using our
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Page Last Updated: 10/3/2008
Eastleigh Borough Council
legal disclaimer
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Eastleigh Borough Council, Civic Offices, Leigh Road, Eastleigh, SO50 9YN
Telephone: 023 8068 8068, Fax: 023 8064 3952, Text: 07797 877001
Email:
direct@eastleigh.gov.uk