HL Deb 25 July 1930 vol 78 cc852-4

After Clause 45, page 39, insert the following new clause:

Power of highway authority temporarily to prohibit or restrict traffic on roads.

(".—(1) Subject to the provisions of this section, if a highway authority are satisfied that traffic on any road for the maintenance of which they are responsible should, by reason of works of repair or reconstruction being required or being in progress on the road, be restricted or prohibited, they may by order restrict or prohibit the use of that road or of any part thereof by vehicles or by vehicles of any particular class or description to such extent and subject to such conditions or exceptions as they may consider necessary.

(2) Subject to the provisions of this section a highway authority shall, not less than seven days before making an order under this section, cause notice of their intention to make the order to be published in one or more newspapers circulating in the district in which the road or part of a road affected by the order is situate, and shall also within a period of seven days after making any such order cause a notice of the making of the order to be published in the like manner.

Every such notice shall contain a statement of the effect of the order and a description of the alternative route or routes available for traffic.

(3) A highway authority, when considering the question of the making of an order under this section, shall have regard to the existence of alternative routes suitable for the traffic which will be affected by the order.

(4) No order made under this section shall, without the approval of the Minister, continue in force for a longer period than three months from the making thereof, and where the Minister gives his approval to an order continuing in force after the expiration of that period, the authority shall give such notice of the Minister's approval as may be directed by him.

(5) So long as any order made under this section is in force, a notice stating the effect of the order, and describing the alternative route or routes available for traffic, shall be kept posted in a conspicuous manner at each end of the part of the road to which the order relates, and at the points at which it will be necessary for vehicles to diverge from the road.

(6) A highway authority may at any time by notice restrict or prohibit temporarily the use of any road or any part of any road by vehicles or by vehicles of any particular class or description where owing to the likelihood of danger to the public or of serious damage to the highway, it appears to them necessary that such restriction or prohibition should come into force without delay.

Any such notice shall describe the alternative route or routes available for traffic, and shall be kept posted in accordance with the provisions of the last preceding subsection, and shall not continuo in force for a longer period than seven days from the date thereof; but, where such a notice has been posted, the authority may before the expiration of that period, proceed to male an order under subsection (1) of this section with respect to the same road or part of a road without causing notice of their intention to make such order to be published in any newspaper.

(7) Any person who uses or permits the use of a vehicle in contravention of any restriction or prohibition imposed under this section shall be liable in the case of a first conviction to a fine not exceeding five pounds and in the case of a second or subsequent conviction to a fine not exceeding ten pounds.

(8) Any person aggrieved by any restriction or prohibition imposed under this section may appeal to the Minister who may either quash the restriction or prohibition or confirm it with or without modifications, and the Minister's decision shall be final and conclusive.

(9) No restrictions or prohibition imposed under this section shall apply to the driving of any tramcar or trolley vehicle in pursuance of the powers of any special Act of Parliament or order having the force of an Act.")

EARL RUSSELL

My Lords, this clause is put forward by the County Councils Association. It is necessary sometimes that a road should be closed temporarily for the purposes of repair or sometimes because of an accident, such as an explosion or flood. It is rather a curious thing, but it is extremely doubtful whether a local authority has any power to close a road even for necessary repairs. It is desirable that that ambiguity should be cleared up and that the local authority should be given full powers. The object of this clause is to give them those powers and I think it is agreed to by all concerned.

Moved, That this House doth agree with the Commons in the said Amendment.—(Earl Russell.)

On Question, Motion agreed to.