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 Post subject: Do TROs have to be signposted??
PostPosted: Sat Feb 27, 2010 4:48 pm 
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Joined: Mon Sep 14, 2009 6:07 pm
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Location: Bristol
Just wondering, do trails that have been TRO'ed have to be signposted or is the responsibility on the user to find out the information before using them.

If a trial doesn't have a sign or notice displaying that it is TRO'ed then I assume we can still use it??

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 Post subject: Re: Do TROs have to be signposted??
PostPosted: Sat Feb 27, 2010 5:19 pm 
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Yes is the short answer. It needs the correct approved signs. Without it the TRC cannot legally be enforced.

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 Post subject: Re: Do TROs have to be signposted??
PostPosted: Thu Mar 04, 2010 5:59 pm 
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In addition to below.. the signs need to be at BOTH ends of the lane or you would ride it's length before you saw it ;)
The signs also need to be clear and visible for all users.. so if it cant be seen when you ride it you cant be prosecuted..well you can but you probably would not get convicted... ;)


Statutory Instrument 1996 No. 2489
The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 - continued

--------------------------------------------------------------------------------


PART III


MAKING AN ORDER
Preliminary
15. This Part of these Regulations has effect subject to the provisions of Part IV.
Making an order and bringing it into force
16.—(1) An order shall not be made—
(a) until after the last date by which any person may object in accordance with regulation 8;
(b) in a case where an objection has been made pursuant to regulation 8(2) or 24(2), until after the order making authority has notified the Secretary of State of its proposed exercise of power and of the objection under paragraph 7(2) of Schedule 5 to the 1985 Act and the Secretary of State has made a determination under paragraph 7(3) of that Schedule.

(2) No order shall be made after the expiration of the period of two years beginning with the date on which a notice of proposals relating to the order is first published.

(3) No provision of an order shall come into force before the date on which the order making authority intend to publish a notice of making as respects the order.

Action after making
17.—(1) As soon as practicable after an order has been made, the order making authority shall include among the deposited documents a copy of the order as actually made.

(2) The order making authority shall, within 14 days of the making of the order,—
(a) publish in a newspaper circulating in the area in which any road or place to which the order relates is situated, a notice (in these Regulations called a "notice of making")—
(i) stating that the order has been made; and
(ii) containing the particulars specified in Parts I and III of Schedule 1; and
(b) in the case of an order under section 6 or an order made by a London authority under section 9 of the 1984 Act, publish a similar notice in the London Gazette.

(3) Within 14 days of making an order, the order making authority shall notify the making of the order in writing to any person who has objected to the order under regulation 8 and has not withdrawn the objection and, where the objection has not been wholly acceded to, shall include in that notification the reasons for the decision.

(4) The order making authority shall take such other steps of the kinds referred to in regulation 7(1)(c) as it considers appropriate for the purpose of ensuring that adequate publicity is given to the making of the order.

Traffic signs
18.—(1) Where an order relating to any road has been made, the order making authority shall take such steps as are necessary to secure—
(a) before the order comes into force, the placing on or near the road of such traffic signs in such positions as the order making authority may consider requisite for securing that adequate information as to the effect of the order is made available to persons using the road;
(b) the maintenance of such signs for so long as the order remains in force; and
(c) in a case where the order revokes, amends or alters the application of a previous order, the removal or replacement of existing traffic signs as the authority considers requisite to avoid confusion to road users by signs being left in the wrong positions.

(2) The order making authority shall consult the appropriate Crown authority before carrying out the requirements of sub-paragraphs (a) and (c) of paragraph (1) in relation to a Crown road.

(3) This regulation is without prejudice to section 85 of the 1984 Act[15] (traffic signs for indicating speed limits).

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 Post subject: Re: Do TROs have to be signposted??
PostPosted: Wed Oct 20, 2010 11:32 pm 
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does this mean if we nick all the signs we could use the lanes without the risk of conviction ?

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 Post subject: Re: Do TROs have to be signposted??
PostPosted: Wed Oct 20, 2010 11:50 pm 
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Joined: Wed Oct 14, 2009 11:07 am
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Location: Little Clacton, Essex
Since this has been resurrected - is there any particular specification for the closure signage which is to be displayed?

I only say this as have recently come across a particular lane with a heras panel and triangular 'road closed' sign (the temporary sort that are used for road works) shutting it off.

This seemed somewhat unofficial and unlike what I have seen elsewhere in the county (generally a laminated notice or fixed circular signpost), so could have been a diy closure / obstruction.


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 Post subject: Re: Do TROs have to be signposted??
PostPosted: Fri Oct 22, 2010 7:56 am 
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Two quick points,

1) there is a difference between temporary closures and permanent closures. Temporary generally require a notice (often laminated paper which is crap but apparently all they legally require) and permanent which absolutely require a proper road sign to be enforced.

2) regards nicking the signs, I'll assume thats meant as a joke :? but just in case it isn't I would point out that both theft and the specific crime of pulling down/obliterating a road sign are more serious offences than contravening a TRO anyway.

Not that I'm encouraging people to that either of course.

Cheers

Richard


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