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Tuesday, 02 Dec 2008

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Contacting us by post Parking Services
Torbay Council
PO Box 422
Torquay
TQ2 5WU
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@torbay.gov.uk
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Traffic Regulation Orders TRO’s

What is a Traffic Regulation Order (TRO)?

A Traffic Regulation Order (TRO) is a legal document made under the Road Traffic Regulation Act 1984 and all other enabling powers, by the local authority under its powers as a highway authority to support any enforceable traffic or highways measures.

Failure to comply with the requirements of a TRO , as indicated by signs or road markings, is an offence that may result in the issue of a Penalty Charge Notice, by a Civil Enforcement Officer, or prosecution by the Police.

When is a TRO Used?

A TRO enables the local authority to introduce parking restrictions, speed limits, one-way streets, width and weight restrictions, vehicular access and turning, or for maintenance and special events.

Most traffic regulation orders come about as a result of input from the local communities and the emergency services, to address specific traffic congestion, health and safety, or quality of life issues.

What form do TROs take?

TRO’s are mostly permanent legal documents, but there are some exceptions;

Experimental Orders are used in situations that need monitoring and reviewing. These can last no more than eighteen months before they are either abandoned, amended or made permanent.

There is no public consultation required prior to the making of an experimental order, however there is a 6 month public consultation period from the date of making the order, that allows representations to be submitted based on the 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 stated objective, or made permanent.

A notice of proposal is published in the local paper prior to the commencement of the experimental order, and a notice of making is published if the order then becomes permanent.

Temporary Orders(TTROs) may be used when works affecting a highway require short-term road closures, suspensions of parking bays or traffic restrictions.

The regulations only require a notice is published in the local newspaper and in this instant it is called ‘Notice of Intent’.  Notices will also be placed in the affected streets, and letters or notices delivered to the residents in those streets.  There is no public consultation, and dependant on the reason for the TTRO the Council may also publish a second notice confirming the date that the temporary traffic order comes into effect.  A temporary traffic order has a maximum duration of 18 months.

Not all event related closures made with a temporary order require a notice of intention advert in the local press.  Notices will be displayed in the affected areas at least seven days in advance of the date of the closure or suspension and where reasonable notices delivered to addresses in the affected streets.

Urgency Orders may be used when works requiring restrictions must be carried out immediately.

The Order Making Process

A formal TRO requires a statutory procedure to be followed.  This includes:

  1. Consultation - This may be initiated by a letter of request from a resident(s) with regards to introducing or amending existing restrictions and discussed at The Transportation Working Party Committee.  Following the completion of the design, consultation must be undertaken involving getting the views of the following :

    • Local councillors or parish councillors
    • The emergency services
    • Freight Transportation Association and Road Haulage Association
    • Local interest groups, residents, traders and community groups
    • Local public transport operators.

      The proposal may be amended at this stage.

  2. Advertisement - The TRO will then be advertised in the local press, and also be displayed at regular intervals on the affected street on existing street furniture, eg lamp posts.  From the date of the advertisement, the public may then view copies of the proposal and plans at the local Connections office in the town where the proposal is to be implemented for a period of 21 days from that date.

    Objections to, or support for the proposal must be made in writing to the address specified in the notice. Substantial objections or contentious issues are then reported to the Transportation Working Party Committee for their consideration.  When considering the objections the committee must decide (a) to proceed with the scheme as advertised, (b) modify the scheme, or (c) abandon the scheme.

    There may be occasions where the nature of the modifications require further advertising prior to the implementation of all or part of the original scheme.

  3. Making The Order - Once any objections have been reviewed, and a decision reached by the Transportation Working Party, a delegated decision from a senior director is required before the TRO can be legally sealed, and any works required ordered.

    Once all necessary signing and lining works are completed, the Traffic Order is sealed and becomes legally enforceable.

How do I request a change to, or the introduction of a new TRO?

If you wish to request changes to be made to introduce new waiting restrictions, or speed or weight limits, or for changes to be made to any existing restrictions in an area this must be made in writing to :

Highways & Engineering
4th Floor Roebuck House
Abbey Road
Torquay
TQ2 5TF.

This process can take 6 months to complete and advertising and legal fees can be substantial.  Where a Traffic Order is being made to relax or de-restrict parking restrictions, these restrictions apply until the legal date of the TRO being made and residents, traders should not mistake the advertised 21 day period for any objections as the date after which the restrictions would no longer apply.


Related Documents

Link to document - Torquay Control of Waiting Articles 2008
The Articles made under the Road Traffic Regulation Act 1984 are the legal powers under which the TRO’s for Torquay are made.
Last updated: 14/05/2008 (145 KB)
Link to document - Torquay Control of Waiting Schedule 2008
The Schedule provides a full description of restrictions as they apply on a street by street basis, detailing restriction type, days and times restrictions apply, distance and direction.
Last updated: 14/05/2008 (568 KB)
Link to document - Paignton Control of Waiting Articles 2008
The Articles made under the Road Traffic Regulation Act 1984 are the legal powers under which the TRO’s for Paignton are made.
Last updated: 11/06/2008 (114 KB)
Link to document - Paignton Control of Waiting Schedule 2008
The Schedule provides a full description of restrictions as they apply on a street by street basis, detailing restriction type, days and times restrictions apply, distance and direction.
Last updated: 14/05/2008 (340 KB)
Link to document - Brixham Control of Waiting Articles 2008
The Articles made under the Road Traffic Regulation Act 1984 are the legal powers under which the TRO’s for Brixham are made
Last updated: 14/05/2008 (76 KB)
Link to document - Brixham Control of Waiting Schedule 2008
The Schedule provides a full description of restrictions as they apply on a street by street basis, detailing restriction type, days and times restrictions apply, distance and direction.
Last updated: 14/05/2008 (144 KB)

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Last updated : 27.11.2008, 15:09:02