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Roads: Traffic Signs

Volume 707: debated on Thursday 12 February 2009

Question

Asked by

To ask Her Majesty's Government whether a traffic sign as defined in Sections 142 and 64 of the Road Traffic Regulation Act 1984 must be in compliance with Regulation 11 and Regulation 12 of the Traffic Signs Regulations and General Directions 2002 and can only be used in such circumstances as directed by the Secretary of State for Transport. [HL1309]

Section 64 of the Road Traffic Regulation Act 1984 provides that a traffic sign may be specified by regulations or authorised by the Secretary of State. Regulations 11 and 12 of the Traffic Signs Regulations and General Directions 2002 identify the signs to which they apply. Regulations 11 and 12 of the Traffic Signs Regulations and General Directions 2002 do not apply where the Secretary of State authorises the erection or retention of a sign of another character.

Traffic signs should be used in accordance with the applicable directions given by the Secretary of State for Transport.

It should be noted that only the courts can provide a definitive interpretation of the law.

Asked by

To ask Her Majesty's Government whether non-prescribed traffic signs authorised by or on behalf of the Secretary of State for Transport may only be used in full compliance with the content of the authorisation documents; and whether any deviation from the constraints of that authorisation voids the permission thus binding the highway authority to the content of the Traffic Signs Regulations and General Directions 2002 and the Road Traffic Regulation Act 1984 and to the use of prescribed traffic signs. [HL1310]

Section 64 of the Road Traffic Regulation Act 1984 provides that a traffic sign may be authorised by the Secretary of State. An authorised traffic sign should be used in accordance with the applicable authorisation. It would be for the courts to determine the legal effect of any deviation.

It should be noted that only the courts can provide a definitive interpretation of the law.

Asked by

To ask Her Majesty's Government whether a taxi rank created under the Local Government (Miscellaneous Provisions) Act 1976 is considered to be a parking place; and whether such a taxi rank can be enforced under decriminalised parking enforcement.[HL1308]

To ask Her Majesty's Government whether Regulation 18 of the Local Authorities' Traffic Orders Procedure (England and Wales) Regulations 1996 binds an authority to the content of Traffic Signs Regulations and General Directions 2002 and the Road Traffic Regulation Act 1984 by the use of the term “traffic sign”. [HL1311]

These questions appear to relate directly to issues that are currently before the Administrative Court. It would not be appropriate for the Secretary of State to address them.

Asked by

To ask Her Majesty's Government what action they have taken to remove non-prescribed traffic signs that have not been authorised by the Secretary of State for Transport. [HL1313]

This Government have not exercised the power in Section 69(3) of the Road Traffic Regulation Act 1984 relating to the removal of signs by giving directions to a local traffic authority.