C5C6C7 Part I General Provisions Relating to Road Passenger Transport
Pt. 1(ss. 1-33) modified (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), art. 36 (with art. 52)
Pt. 1 (ss. 1-33) modified (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 37(3)
C1C8C97 Application of traffic regulation conditions to local services subject to registration under section 6.
1
If a traffic authority asks F7himF7a traffic commissioner to exercise his powers under this section in relation to a particular traffic problem F5which has arisen or which the authority reasonably foresees is likely to arise, F7the traffic commissioner for any traffic areaF7he or any other traffic commissioner may determine conditions (“traffic regulation conditions”) which must be met in the provision of services in the area to which the conditions are expressed to apply.
2
In this section “service” means any local service to which section 6 of this Act applies.
3
F143A
Traffic regulation conditions may not be expressed to apply to an area to which an enhanced partnership scheme under section 138A of the Transport Act 2000 relates.
4
No traffic commissioner shall determine traffic regulation conditions unless he is satisfied, after considering the traffic in the area in question, that such conditions F6are requiredF6are, or are likely to be, required in order to—
a
prevent danger to road users; F1. . .
b
reduce severe traffic congestion F2; or
c
reduce or limit noise or air pollution.
5
In considering what traffic regulation conditions to apply to a particular area a traffic commissioner shall have regard in particular to the interests of—
a
those who have registered under section 6 of this Act services which are or will be operated in the area;
b
those who are, or are likely to be, users of such services; and
c
persons who are elderly or disabled.
6
The purposes for which traffic regulation conditions may be determined are the regulation of—
a
the routes of services;
b
the stopping places for services;
c
when vehicles used in providing services may stop at such stopping places and for how long they may do so; and
C2d
such other matters as may be prescribed.
7
Subject to subsection (8) below, traffic regulation conditions shall apply—
a
to all services operated in the area to which the conditions are expressed to apply; or
b
to such class of service operated there as may be specified in the conditions.
8
Where F9the traffic commissioner for any traffic areaF9a traffic commissioner is satisfied that traffic regulation conditions applying generally to a particular part of F9his traffic areaF9a traffic area would be inappropriate as a means of achieving the regulation of traffic which he considers is required there, he may determine traffic regulation conditions which apply only to the service or services specified in the conditions.
C39
Before determining any traffic regulation conditions, a traffic commissioner shall hold an inquiry if F10he has received (within the prescribed period) a request for an inquiryF10a request for an inquiry has been received by a traffic commissioner (within the prescribed period) from—
a
the traffic authority which made the request under subsection (1) above;
b
any other traffic authority likely to be affected by traffic regulation conditions determined in response to that request; or
c
any person who has registered under section 6 of this Act a service which is or will be operated in the area in question;
and the request has not been withdrawn.
10
Subsection (9) above shall not apply where the traffic commissioner is satisfied that the conditions should be determined without delay.
C411
Where, in reliance on subsection (10) above, a traffic commissioner determines traffic regulation conditions without first holding an inquiry, F11heF11he or another traffic commissioner shall hold one as soon as is reasonably practicable F11if any person mentioned in subsection (9)(a) or (c) above or any other traffic authority affected by the conditions has, before the end of the prescribed period, asked him to do soF11if a request for a traffic commissioner to do so is made to a traffic commissioner, before the end of the prescribed period, by any person mentioned in subsection (9)(a) or (c) above or any other traffic authority affected by the conditions.
12
Before asking a traffic commissioner to exercise his powers under this section in relation to a F3a road for which the Secretary of State is the highway or roads authority, a traffic authority shall obtain leave of the Secretary of State; but leave given under this subsection shall not be taken to indicate the Secretary of State’s approval of any conditions determined by F12the traffic commissionerF12a traffic commissioner in response to the request.
13
Traffic regulation conditions may make different provision with respect to the operation of any service to which they apply during different periods of the year, on different days of the week, or at different times during any period of 24 hours.
14
A traffic commissioner may vary or revoke any traffic regulation conditions F13determined by himF13(whether determined by him or another traffic commissioner)F13on being requested to do soF13if a request for a traffic commissioner to do so is made to a traffic commissioner by—
a
any traffic authority; or
b
the operator of any service affected by the conditions.
F1514A
Where an enhanced partnership scheme under section 138A of the Transport Act 2000 comes into operation as regards an area, any traffic regulation condition expressed to apply in an area that consists of or includes the area to which the scheme relates ceases at that time to apply in the area to which the scheme relates.
14B
A traffic commissioner may accordingly vary or revoke a traffic regulation condition (without a request being made).
15
In this section “traffic authority” means—
a
in relation to England and Wales, the council of any metropolitan district or non-metropolitan county; and
b
in relation to Scotland, the council of any F4local government area.
F1616
The power to make regulations under subsections (6)(d), (9) and (11), so far as exercisable in relation to Wales, is exercisable by the Welsh Ministers (and not by the Secretary of State).
Pt. I (ss. 1-33) modified by S.I. 1984/748, regs. 5(2), 6(2) (as amended by S.I. 1987/1755, reg. 2(2)