Section 3
Rights over highways
3.4: Restrictions: byelaws, TROs
Mark Heath Principal Solicitor, Southampton City Council.
Byelaws are not mini-statutes, instead they are limited by strict procedural and legal
controls. These controls prevent them providing a general method of stopping what may seem
to be undesirable acts on public rights of way.
Alan Kind, LL.B.
The Road Traffic Regulation Act 1984 enables highway authorities to restrict the use
of highways or to limit the kinds of user which may be permitted; either permanently or
simply in order to facilitate the holding of particular events or the carrying out of
necessary works. The Act has now been amended by the Road Traffic (Temporary Restrictions)
Act 1991, and this article examines the legislative framework with particular reference to
users of minor highways.
Francois Barker, LL.B., Lecturer in Law, University of Hull
S.21 Town Police Clauses Act 1847 has come to be used in the context of the staging of
commercial events. This article argues forcibly that for two reasons this use of s.21 is
inappropriate. It is both illegitimate, given the wording of the section, and undesirable
given the spirit of highways legislation.
Ross Crail, Barrister
A traffic regulation order (TRO) made for the purpose of economising on the cost of
highway maintenance would be ultra vires. A TRO prohibiting vehicular use, made for a
proper purpose, might in practice reduce the frequency with which repairs would need to be
made, but could not negate the duty to maintain the highway.
J.D.C. Harte, Barrister, Senior Lecturer in Law, Newcastle Law School, Newcastle
University.
Part V of the Criminal Justice and Public Order Act 1994 has important implications
for rights of way law. It creates new risks for rights of way users by criminalising civil
trespass to land in certain circumstances. In some circumstances it restricts what would
previously have been entirely lawful use of rights of way and it increases uncertainty as
to what is lawful. However, the Act provides powers for the control of anti-social
activity which may serve to protect legitimate access rights from abuse.
Professor Emeritus Keith Davies, J.P., M.A., LL.M.,Barrister.
A case note
S.14 of the Road Traffic Regulation Act 1984, as amended by the Road Traffic (Temporary
Restrictions) Act 1991, Schedule 1, authorises a local authority as traffic authority, to
restrict or prohibit temporarily the use of any road, or part of a road, by vehicles, or
any class of vehicles, or by pedestrians, for certain specified reasons. It was held in R.
v. Greenwich ex p. Williams and Others that this power does not apply to cases in which
the reason put forward is danger to the public from air pollution.
Timothy Straker, Q.C.
A case note
Less than a week after Mrs. Justice Steel had, in a prospective writ action, granted an
interlocutory injunction restraining Berkshire County Council from closing Thames Street
in Sonning, Berkshire to traffic, the Court of Appeal, by a majority, discharged the
injunction and held that the only way the plaintiffs could seek any form of relief was by
way of judicial review.
Donna O'Brien, B.Sc., Rights of Way Policy Officer, Ramblers' Association
Traffic Regulation Orders (TROs) are a useful and necessary part of the armoury
available to highway authorities to manage the public rights of way network. This article
focuses on temporary TROs, identifies the main areas of concern, and suggests how the
legislation could be improved. The power to make such TROs is primarily designed to
restrict temporarily access to rights of way where there are safety issues requiring
remedial action, but anecdotal evidence gathered by the Ramblers’ Association (RA)
indicates that there is cause for concern about the use of such TROs by certain
authorities, with reports of some public rights of way being prohibited to users for
several years.
Richard Partridge, LL.B., Solicitor, Assistant Director, Law & Performance
Management, East Sussex County Council
An overview of the statutory powers applicable to events held on highways.
John Dwyer B.A., M.Phil. Senior Definitive Map Officer, Yorkshire Dales
National Park Authority
When s.72 of the Natural Environment and Rural Communities Act 2006 (“the NERC
Act”) is brought into force, National Park authorities will have power to make
Traffic Regulation Orders (“TROs”) as respects certain ways within National
Parks. The reasons for this change, its scope, and its likely impact, are addressed here.
Adrian Pay, Barrister
A case note
A challenge to Traffic Regulation Orders proposed by a National Park Authority was upheld
on the grounds
(1) that the Authority did not exercise the order making power consistently with its
duty under s. 122 of the Road Traffic Regulation Act to balance securing the movement of
vehicular traffic with other considerations and
(2) that the Authority did not have regard to the possibility that an unresolved
application to have vehicular rights recorded might be successful.
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