Torbay Council

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Traffic Regulation Orders TRO’s

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.
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What form do TROs take?

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

Experimental Orders

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)

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

Urgency Orders may be used when works requiring restrictions must be carried out immediately.
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The Order Making Process

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

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 :
The proposal may be amended at this stage.

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.

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.
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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 and 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.
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