My first job as a trainee solicitor in local government was to draft a Traffic Regulation Order (TRO) for a temporary closure of a road to facilitate the installation of a new gas main. Life in the fast lane and such feelings of power. It was one of many over the years including the oversight of a team dedicated to such tasks.
Our recent impression, when advising several clients affected by TRO’s is that the process is not now generally overseen by lawyers. No doubt this may be a cost saving exercise. However, the fundamental point is that these orders emanate from a statutory framework and represent one of a range of powers delegated to local councils to regulate the use of roads and which attract financial penalties or criminal consequences.
Thus, TROs are ubiquitous in modern life. Speed limits, cycle lanes, bus lanes, parking restrictions, disabled spaces, no waiting restrictions, on street parking charges, residents parking schemes and a new kid in town low traffic neighbourhoods.
A number of recent cases demonstrate reflect increasing public engagement and subsequent litigation in respect of traffic regulation schemes which affect the way people can live in a residential district or impact businesses in town centres. Within the latter, the schemes can be extensive and extremely complicated. Recent Gateway schemes promoted under the Transforming Cities Fund are a case in point. Traffic orders regulating the movement and parking arrangements within a city centre can be very wide ranging.
The ability to promote such orders are framed by the Road Traffic Regulation Act 1994 (Section1) and regulations emanating from them[1]. The legal processes are prescribed and, in some cases, objections raised will cause a public inquiry to be held. Statutory notices are also required. Objections are then to be properly considered. If an order is to be made then there is a six-week period of challenge in the High Court by way of statutory, or judicial review.
This evolving area of jurisprudence engages with many public law concepts, consideration of technical drafting and examination of procedural requirements.
Local authorities and objectors alike may well need to have recourse to lawyers trained in the fast lane.
[1] Local Authorities’ Traffic Orders (Procedure) Regulations 1996 in England and Wales
By David Walton & Kellie Hainsworth