Advice on procedures for making 'special events' orders
Road Traffic Regulation (Special Events) Act 1994
Advice on procedures for making “special events” orders under sections 16a-c of the Road Traffic Regulation Act 1984
1. The Road Traffic Regulation (Special Events) Act 1994 gave traffic authorities powers to make orders to regulate traffic on a temporary basis to facilitate the holding of sporting events, social events, or entertainments on the highway. When the Act was passed, it was envisaged that it would primarily be used to provide for the traffic management needs of substantial events, such as the UK leg of the Tour de France. However, in practice, the powers are increasingly used in connection with smaller events such as processions and street parties.
2. The procedures followed by local authorities when proposing to make such orders need to be proportionate to the scale and nature of event for which the restrictions would be introduced. The Government would not wish to see small events, perhaps organised by voluntary or charitable groups, subjected to unnecessarily long or cumbersome procedures. But equally, any measure that would have the effect of restricting free access to premises or property, or that would restrict the ability to park in a particular area, should be subject to appropriate prior consultation and notification, to minimise its impact upon local businesses and residents and to allow for alternative arrangements to be made.
3. The 1994 Act provides for restrictions to be imposed for a maximum of three days, or longer with the consent of the Secretary of State. Although only one such set, of restrictions may be imposed on any particular' section of road in a calendar year (unless the Secretary of State's consent is received to the contrary), there is the potential for significant short term disruption to local business and social life. The Government believes that there should be adequate consultation with the principal interested parties, and general advance notice of the consequences of the restriction.
4. What is regarded as "adequate" will need to be judged in the individual circumstances of the particular event. But the Government believes that, as a general rule, it is reasonable to adopt shorter and simpler procedures for events that are of short duration, affecting a relatively short section of road, and for established annual events. Paragraphs 5 - 12 below set out the Government's view of what represents general good practice; paragraphs 13 - 14 indicate the circumstances in which it considers shortened procedures appropriate, and what those procedures should entail.
Consultation
5. The Government advises that the following should normally be consulted, where relevant, at an early stage of the preparation of an order under the 1994 Act, and in any event not less than 8 weeks before it is proposed that the order should come into force:
| Consultee | Circumstances |
| The relevant chief officer of police | All cases |
| Other traffic authorities | Where the order relates to, or appears to the order making authority likely to affect traffic on, a road for which another authority is the traffic authority |
| The concessionaire | Where the order relates to, or appears to the order making authority likely to affect traffic on, a road subject to a concession |
| The operator of the service | Where the order relates to, or appears to the order making authority likely to affect traffic on, a road on which tramcar or trolley vehicle service is provided |
| The operator of the service or, where appropriate, the relevant Passenger Transport Executive | Where the order relates to, or appears to the order making authority likely to affect traffic on, a road outside Greater London which is included in the route of a public service |
| The operator of the service and London Transport | Where the order relate to, or appears to the order making authority likely to affect traffic on, a road in Greater London which is included in the route of a London bus service |
| The chief officer of The ambulance authority | Where it appears to the authority that the order is likely to affect the passage on any read of ambulances |
| The chief officer of the fire brigade of the fire authority | Where it appears to the authority that the order is likely to affect the passage on any road of fire fighting vehicles |
| The National Farmers' union or the National Farmers' Union of Scotland, as appropriate | Where the order would have the effect of restricting the leading or driving of horses, cattle, sheep or other animals |
| The Traffic Director for London | Where the order relates to, or seems to the order making authority to be likely to affect traffic on, a designated priority route in London |
| The undertaker concerned | Where apparatus of an undertaker has been placed in a road affected by the order |
| Such other organisations representing persons likely to be affected by any provision in the order as the order making authority considers it appropriate to consult | All cases |
Public Notification
6. The Government believes that public notice of a proposed order should generally be given a minimum of eight weeks before the order would come into force. At minimum, this should entail the publication of a notice in at least one local newspaper of the proposal, giving the following details:
- the name of the order making authority;
- the title of the order;
- the name of the event in relation to which the order is to be made, and .the name and address of the promoter of the event,
- a brief statement of the general nature and effect of the order;
- a statement to the effect that the order will not have the effect of preventing at any time access for pedestrians to premises situated on or adjacent to any road to which the order relates, or to any premises only accessible to pedestrians from such a road;
- a statement of the day on which the order is to come into effect, its maximum duration, and the times of day during which it shall have effect;
- the names of and a brief description of the roads affected by the order and, where applicable, of the alternative routes available for traffic,
- a list of relevant documents available for inspection and of the addresses of the places at which, and the times at which, the documents may be inspected. These documents should generally include a copy of the proposed order, a map showing the roads affected and, where applicable, alternative routes for diverted traffic, copies of any order temporarily suspended, and a statement of the order making authority's reasons for doing so. They should generally be available at the offices of the order making authority during normal office hours, and at such other places (if any) as the authority considers appropriate.
7. Authorities should also take such other steps as they see fit to publicise the proposal. These might include a notice in the London or Edinburgh Gazette, the display of notices in roads or other places affected by the order, or the delivery of notices or letters to premises likely to be affected by any provision in the order.
8. The Government recognises that, by their nature, special events are organised to a set timetable, and generally cannot be delayed to allow for extensive public discussion of the accompanying traffic management measures to be implemented in accordance with an order under the 1994 Act. It therefore takes the view that the purpose of giving public notice is primarily to give advance warning that an event is to occur, and to allow those affected to make arrangements accordingly. It does not regard it as practical to expect authorities explicitly to invite and consider objections to the proposed order. However, it expects authorities to have regard where possible to any representations made, and to explore in a constructive fashion ways of mitigating the traffic impact of an event where this might be done without detracting unduly from the nature and viability of that event. Where a road is closed to vehicular access, for instance, it may be possible to allow delivery vehicles entry at a given time of day.
9. Generally not less than 14 days before the event begins, notices containing the information itemised in paragraph 5 should be displayed in each road affected by the order. Authorities should also take such other steps as they consider appropriate to ensure that persons likely to be affected by the order are adequately informed of its effect and duration.
10. Where an order is substantially modified after the publication of public notice, the order making authority should take appropriate steps to communicate the modifications to those likely to be affected, and should publish a further notice in the local press before the order is made, describing the modifications. When, an emergency or other unforeseen circumstances require sudden, last minute, variation of the order, authorities should take such steps as are reasonably practicable to consult and inform those likely to be affected.
11. Orders should always contain an exemption clause to the effect that the prohibitions or restrictions imposed by the order shall not apply:
- to anything done with the permission or at the direction of a constable in uniform,
- to any vehicle being used for police, fire brigade or ambulance purposes, or the purposes of an undertaker in an emergency, such as the loss of supplies of gas, electricity or water to premises in the area, which necessitates the bringing of vehicles into the section of road to which the order applies.
12. Authorities should ensure that traffic signs are erected and maintained so as to convey adequate information about the effect of the order. Where existing restrictions or directions are to be suspended, it is important that the permanent signs are removed or covered up, to avoid confusion.
Shortened Procedure
13. The Government believes that the procedures outlined above generally
strike an appropriate balance between facilitating the holding of a special event and protecting the interests of other parties that would be affected by it. However, it accepts that they may be more onerous than necessary for certain types of event. It believes that shorter and simpler procedures would be appropriate under certain circumstances. It suggests that such circumstances would be:
i. where a similar event had been held, in the same location, under the same name and at generally the same time of year, in the previous year (or years): it does not seem necessary to follow the full procedures for an established event chat the, public and affected parties can anticipate; or
ii. where no more than 2 miles of carriageway, all subject to a speed limit of 30mph or less, would be subject to the terms of the order, and
the restrictions or prohibitions imposed by the order would not remain in force for more than 12 hours.
14. For shortened procedure orders, the Government believes that there should be prior consultation with the police, any other traffic authority affected and, in Greater London, the Traffic Director for London where the event would affect a designated road. Other identified interested parties (as specified in the list in paragraph 5) should be specifically notified four weeks in advance of the date in which the order was to come into force. General public notice should be given at the same time in local newspapers, giving the information set out in paragraph 6. Authorities should also take such other steps as may be considered appropriate to give general advance warning and to notify those people that they consider may be affected. Notices should be posted in the streets to which the order applies not less than 7 days before the event.
This guidance was originally produced by the Department of Transport in January 1997.
Enquiries should be directed to:
Traffic Managament Division
Zone 2/06 Great Minster House
LONDON SW1P 4DR
