TRO and rules

interesting · 14th December 2007 18:17

Am I correct in my thinking here with councils and closing roads.
If a council wants to close a road for 2weeks they have to apply for a temporary traffic regulation order and consult with local businesses, put adverts in local newspapers and signs on lamposts for comment ?

We have a XMas market nearby and the council have closed off the main access road from 9am-7:30pm, pedestrians can access OK but it means we cant park car in main area due to this tempary traffic order.

I cant remember seeing anything in newpapers/signs up.

I called the council today and they saud Under section 287 of the Highways Act 1980 the council can close a road off for health and safety reasons with no notifications etc..

I queried if this was an emergency use (ie. after a fire or other unexpected event) rather than realising you havent done the TRO correctly for a pre planned event and use this power in an incorrect way ?

If they can use the powers under S287, then why pre-advertise and consult for other temporary road closures.

Any comments would be appreciated.

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**pt2537** · 14th December 2007 21:00

I would slap a Freedom of Information Request into the council asking for copies of the TROs etc and see what comes back

this clearly doesnt conform to s287 as it is not an emergency, in fact far from it

all we need to do here is look at what an emergency is.

1.a sudden unforeseen crisis (usually involving danger) that requires immediate action

taken from Dictionary entries for 'emergency' - Ask.com UK Search

they really need to understand what an emergency is

cause a market aint an emergency

**Sidewinder** · 14th December 2007 23:25

Can't profess to know the answer but it would appear that some councils routinely use S.287 for temporary crowd control or special events.

Quote from a council's guide to planning special events.

Approaches to Traffic Management

Town Police Clauses Act
Town Police Clauses Act 1847 Section 21 (Highways Act Section 287). This allows Highways to be closed for special events for street parties and parades, etc. The order is granted by Hinckley and Bosworth Borough Council on application from an Event Organiser. For this type of order you must submit your application to the Borough Council at least 2 months in advance of your event. This time period is required for the Borough Council to consult with a number of key organisations to ensure that they have no objection to the traffic order being approved, including East Midlands Ambulance Service, Leicestershire County Council, Leicestershire Fire Service, Hinckley Area Taxi Association, Cyclists Touring Club, Freight Transport Association, Leicestershire Police, relevant Ward Councillors and Parish Councils. This act can only be used when the event itself is actually on a road and may also be used for rolling road closures.
There is no clear definitive list of events that would be Town Police Clauses Act or Road Traffic Regulations Act. In general terms, traffic orders under the Town Police Clauses are made for small events such as illuminations and carnivals. Aside from this, it is recommended that for most other events, applications are submitted under the Road Traffic Regulations Act with a view to obtaining a section 16A Order. Please note that you will be charged a fee for obtaining a traffic order, and Event Organiser’s should be aware of this. This relates to the cost of advertising the legal notices, consultation, officer time and the cost of processing the traffic order. Therefore, please discuss this with either Leicestershire County Council or Hinckley & Bosworth Borough Council, depending upon the type of order you are applying for.

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