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One of the perks of my new job is learning about the traffic regulation order (tro) process. Speaking with a colleague who's an off roader I've found that some tro put in by councils could be incorrect and challenged.
A tro is a legal power that allows a local authority to impose temporary or permanent restrictions on a public highway. The order is only enforceable when the correct signage has been installed.
This is the part where some authorities slip up as they do not follow through and install the correct signage. So until the "no motor vehicles" sign (the red circle with the car being jumped over by a motorcycle) is in place the tro cannot be enforced and challenged in court.
The authority could argue that the tro was published for the public to be aware of and you should have a duty to check if a tro is in place before using the byway. However, if there is no sign, then there is no warning to say if you drive beyond this point you're breaking the law.
It's no different if an authority reduced a speed limit, but didn't put up new signs. It would be ridiculous for them to say "we put an advert in the local paper to inform you and you should have a duty to check before driving"
A tro is only a legal process to allow an authority to impose restrictions, the enforcement is done via the correct signage.
So please check the byways in your area.
A tro is a legal power that allows a local authority to impose temporary or permanent restrictions on a public highway. The order is only enforceable when the correct signage has been installed.
This is the part where some authorities slip up as they do not follow through and install the correct signage. So until the "no motor vehicles" sign (the red circle with the car being jumped over by a motorcycle) is in place the tro cannot be enforced and challenged in court.
The authority could argue that the tro was published for the public to be aware of and you should have a duty to check if a tro is in place before using the byway. However, if there is no sign, then there is no warning to say if you drive beyond this point you're breaking the law.
It's no different if an authority reduced a speed limit, but didn't put up new signs. It would be ridiculous for them to say "we put an advert in the local paper to inform you and you should have a duty to check before driving"
A tro is only a legal process to allow an authority to impose restrictions, the enforcement is done via the correct signage.
So please check the byways in your area.
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