Transport Act, 2000
Legal Framework – England and Wales
Section 268 of the Transport Act 2000, which came into force on 1 February 2001, provides the legislative basis for establishing Home Zones in England and Wales.
This section of the Transport Act also deals with Quiet Lanes, which are minor rural roads appropriate for shared use by walkers, cyclists, horse riders and other vehicles.
The full text of Section 268 of the Transport Act, 2000 is as follows:
- A local traffic authority may designate any road for which they are the traffic authority as a quiet lane or a Home Zone.
- The appropriate national authority may make regulations authorising local traffic authorities who have designated roads as quiet lanes or home zones to make use orders and speed orders of such descriptions as are prescribed by the regulations in relation to any roads designated by them as quiet lanes or home zones.
- A Use Order is an order permitting the use of a road for purposes other than passage.
- But a Use Order may not permit any person to:
(a) wilfully to obstruct the lawful use of a road by others; or
(b) use a road in a way which would deny reasonable access to premises situated on or adjacent to the road.
- A Speed Order is an order authorising the local traffic authority by whom it is made to take measures with a view
to reducing the speed of motor vehicles or cycles (or both) on a road to below that specified in the order.
- The appropriate national authority may make regulations specifying procedures for the making, variation and revocation of:
(a) designations, and
(b) Use Orders and Speed Orders, including procedures for confirmation (whether by the appropriate national
authority or any other body).
- The appropriate national authority may give guidance to local traffic authorities about matters to which they must have regard in determining
whether or not to designate a road as a QuietLane or Home Zone.
- In this section - 'the appropriate national authority' means:
(a) the Secretary of State as respects England; and
(b) the National Assembly for Wales as respects Wales,
'cycle' has the same meaning as in the Road Traffic Act 1988,
'local traffic authority' has the same meaning as in the Road Traffic Regulation Act 1984,
'motor vehicle' means a mechanically propelled vehicle intended or adapted for use on roads, and
'road' has the same meaning as in the Road Traffic Regulation Act 1984.
- Regulations under this section shall be made by statutory instrument and may make different provision for different cases or areas.
- A statutory instrument containing regulations made by the Secretary of State under this section shall be subject to annulment in
pursuance of a resolution of either House of Parliament.
Copyright
S268 of the Transport Act 2000 is reproduced under the terms of Crown Copyright Policy Guidance issued by HMSO.
Click here for a commentary on the legal framework in England and Wales.
A list of Traffic Advisory leaflets are available from the Department for Transport website.
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