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Roads: Byways Open to All Traffic

Volume 712: debated on Wednesday 1 July 2009

Question

Asked by

To ask Her Majesty’s Government further to the Written Answers by Lord Hunt of Kings Heath on 11 May (WA 173–74) and 1 June (WA 55), what action they will take to enable responsible organisations and individuals to appeal to the Secretary of State against refusals by local highway authorities to make traffic regulation orders to ban mechanically propelled vehicles from damaged byways open to all vehicles, where the circumstances of the byways in question satisfy any of the criteria in Section 1(1) of the Road Traffic Regulation Act 1984. [HL4532]

There are no plans to amend the Road Traffic Regulation Act 1984 to provide for a right to appeal to the Secretary of State against a refusal by a local highway authority to make a traffic regulation order. To do so would risk imposing a significant new regulatory and financial burden upon those authorities. Local highway authorities are best placed to judge whether a traffic regulation order would be appropriate in any given circumstances. If an individual wishes to challenge the decision of a local highway authority not to make a traffic regulation order he or she can do so by way of an application for judicial review.