PART 3STREETS

Traffic regulation

article 17 + 17.—(1) Subject to the provisions of this article, the undertaker may at any time for the purposes of the construction of the authorised development temporarily regulate traffic further to Part 1 of Schedule 9 (traffic regulation) in the manner specified in column (3) on those roads specified in column (1) and along the lengths and between the points specified, or to the extent otherwise described in column (2) of that Schedule.

(2) Without limiting the scope of the specific powers conferred by paragraph (1) but subject to the provisions of this article and the consent (such consent not to be unreasonably withheld) of the relevant traffic authority in whose area the road concerned is situated, which consent may be subject to reasonable conditions, the undertaker may, in so far as may be expedient or necessary for the purposes of or in connection with the construction, operation, use or maintenance of the authorised development—

article 17 2 a + (a)revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act;

article 17 2 b + (b)permit, prohibit or restrict the stopping, parking, waiting, loading or unloading of vehicles on any road;

article 17 2 c + (c)authorise the use as a parking place of any road;

article 17 2 d + (d)make provision as to the direction or priority of vehicular traffic on any road; and

article 17 2 e + (e)permit or prohibit vehicular access to any road,

either at all times or at times, on days or during such periods as may be specified by the undertaker.

(3) The undertaker must not exercise the powers in paragraphs (1) and (2) unless it has—

article 17 3 a + (a)given not less than 28 days’ notice in writing of its intention so to do to the chief officer of police and to the relevant traffic authority in whose area the road is situated; and

article 17 3 b + (b)advertised its intention in such manner as the relevant traffic authority may specify in writing within 7 days of the relevant traffic authority’s receipt of notice of the undertaker’s intention under sub-paragraph (a).

(4) Any prohibition, restriction or other provision made by the undertaker under paragraph (1) or (2) shall—

article 17 4 a + (a)have effect as if duly made by, as the case may be—

article 17 4 a i + (i)the relevant traffic authority in whose area the road is situated as a traffic regulation order under the 1984 Act; or

article 17 4 a ii + (ii)the local authority in whose area the road is situated as an order under section 32(1) (power of local authorities to provide parking places) of the 1984 Act; and

article 17 4 b + (b)be deemed to be a traffic order for the purposes of Schedule 7 (road traffic contraventions subject to civil enforcement) to the Traffic Management Act 2004(2).

(5) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraph (2) at any time.

(6) Before complying with the provisions of paragraph (3) the undertaker must consult the chief officer of police and the relevant traffic authority in whose area the road is situated.

(7) Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

(8) If the relevant traffic authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (2) that traffic authority is deemed to have granted consent save that the undertaker must with the request for consent from the relevant traffic authority notify the relevant traffic authority of the provisions of this paragraph.

(9) No person, except upon the direction or with the permission of a police officer or traffic officer in uniform, is to cause or permit any vehicle to proceed in the manner specified in column (2) of Part 2 of Schedule 9 (prohibited movements) after the event specified in column (3) of Part 4 of Schedule 9.