Date lodged: 9 January 2018
To ask the Scottish Government whether marches and parades fall within the definition of “events” described under the (a) Road Traffic Regulations Act 1984 and (b) Road Traffic Regulation (Special Events) Act 1994; whether multiple temporary traffic regulation orders (TTROs) may be issued for the same stretches of public roads without the express permission of the Scottish Ministers, and, if not, what arrangements have been made to process any reported recent increase in such applications for a TTRO.
Answered by: Annabelle Ewing 24 January 2018
Section 16A of the Road Traffic Regulation Act 1984 defines a “relevant event” as “any sporting event, social event or entertainment which is held on a road”. It is for the relevant traffic authority to reach a view as to whether or not a particular event falls within that definition.
Section 14(1) of the Road Traffic Regulation Act and section 62 of the Roads (Scotland) Act 1984 also provide for a traffic authority to temporarily restrict or prohibit traffic on a road by means of an order when the circumstances and conditions set out in those sections are fulfilled.
It is for each traffic authority to consider the powers available to them to regulate traffic for a particular event.
As regards the possibility of multiple TTROs being made for the same stretch of road, section 16B of the Road Traffic Regulation Act 1984 provides that where a s16A order has been made by a local traffic authority in any calendar year, no further order (affecting the same length(s) of road) may be made under that section in that year, unless the further order is made with the consent of the Scottish Ministers.
In September 2015, Transport Scotland issued ‘Section 16A Special Events – Guidance’ to the Society of Chief Officers of Transportation in Scotland (SCOTS), which was subsequently distributed to local authorities. This can be accessed at https://www.transport.gov.scot/media/5744/section-16a-special-events-guidance.pdf. The guidance was prepared in order to facilitate an effective and efficient handling process in the instances where local authorities are required to obtain Scottish Ministers’ consent to section 16A orders.
Transport Scotland, on behalf of Scottish Minsters, will continue to process any applications for consent to such orders as set out in the above guidance.