Scottish Government

Dear Sir/Madam

THE LOCAL AUTHORITIES' TRAFFIC REGULATION ORDER (PROCEDURES) (SCOTLAND) REGULATIONS 1999

The Local Authorities' Traffic Regulation Order (Procedures) (Scotland) Regulations 1999 (the Regulations) replaced, after consultation, previous Regulations which had been in force since 1987. The decision to revise the Regulations was based on a desire to make the procedures for making traffic regulation orders (TRO's) more efficient and easier for local road authorities to understand. At the same time, new procedures were introduced to safeguard the interests of road users and the public at large. Among the changes introduced was a provision requiring that all new TRO's must be in force within two years of the date on which the proposals were first published. This provision had not previously been provided for and was inserted to prevent local road authorities bringing TRO's into force a number of years after they were proposed.

With the increasing complexity and scale of some TRO's, concerns have been expressed that the two year time limit may be restrictive and could have an adverse impact on authorities promoting traffic regulation orders.

Accordingly, the aim of this consultation exercise is two-fold. Firstly, we are seeking views on the extent to which the view is shared that the time limit is restrictive. Secondly, we are seeking views on what legislative steps, if any, need to be taken to improve the workability of the regulations.

We believe there are three options available:

• Do nothing - because there is no widespread evidence of the regulations not working as they were intended.

• Remove the two year rule - either completely which would give no incentive to complete TRO's within a reasonable time-scale ie return to the provisions of the 1987 regulations, or imposing a different time limit, possibly three years.

• Introduce an amendment allowing Local Road Authorities to apply to Scottish Ministers, in exceptional circumstances only, to extend the two-year limit for a further period, perhaps in progressions of six-month periods. This would be broadly similar to legislative provisions currently available to roads authorities to extend certain types of temporary traffic regulation orders.

Your views are invited on:

1. how local authorities are affected by the restrictions placed on them by the time limit; and

2. should a problem exist, what legislative action would be required
and should be sent, no later than 6 February 2003 to:-

Iain Gardiner
Scottish Executive Transport Division 3-3
2-F, Victoria Quay
EDINBURGH
EH6 6QQ
(Tel: 0131 244 0838)
(e-mail iain.gardiner@scotland.gsi.gov.uk)

This consultation paper is also available on the Scottish Executive website.

Yours sincerely

DAVID BINNIE
Traffic Management Branch