Road Traffic Control

Department for Transport written question – answered on 7th January 2016.

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Photo of Baroness Wolf of Dulwich Baroness Wolf of Dulwich Crossbench

To ask Her Majesty’s Government, further to the Written Answer by Lord Ahmad of Wimbledon on 14 December (HL4061), what checks are in place to ensure that Regulation 6 of the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 is complied with; who is entitled to complain if that Regulation is not complied with, and to whom; and what penalties are incurred by local authorities or London boroughs for failing to comply with that regulation.

Photo of Lord Ahmad of Wimbledon Lord Ahmad of Wimbledon Parliamentary Under-Secretary (Department for Transport), Parliamentary Under-Secretary

There are no checks in place to ensure that local authorities comply with the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996, including the duty concerning consultation. Anyone can complain if they consider that the authority has failed to comply with their duty. Complaints should initially be raised with the authority concerned, and if they are not satisfactorily addressed, they can be raised with the Local Government Ombudsman. Alternatively, failure to comply with the consultation requirements in regulation 6 would be grounds for bringing a legal challenge against an order under paragraph 35 of Schedule 9 to the Road Traffic Regulation Act 1984.

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