Road Traffic Regulation Act 1984
Summary
Stretch any parking or traffic restriction back to its source and you find the Road Traffic Regulation Act 1984 (RTRA 1984). It is the enabling statute under which local authorities make Traffic Management Orders, impose speed limits, designate bus lanes, and control the movement and stationing of vehicles on public roads. Sections 1–6 cover the power to restrict or regulate traffic; s.45 covers parking places; s.81–84 deal with speed limits. The Act works alongside the Traffic Management Act 2004, which created the civil enforcement machinery for contraventions of restrictions made under RTRA.
The scope of RTRA 1984
RTRA 1984 is a framework Act: it gives powers to highway authorities and local councils to regulate roads, but the actual restrictions are created by statutory instruments (Traffic Management Orders) made under those powers. Sections 1–6 are the most frequently cited — they allow councils to make TROs prohibiting or restricting the use of roads, subject to consultation and procedural requirements in the Local Authorities' Traffic Orders Regulations 1996. Without a valid order made under RTRA, there is no enforceable restriction.
Speed limits under RTRA 1984
Sections 81–84 RTRA 1984 govern speed limits. The national speed limit (70 mph on dual carriageways, 60 mph on single carriageways) is set by s.81 and the 70 mph (Restriction) Regulations 1973. Local speed limits — 20 mph, 30 mph, 40 mph, 50 mph — are imposed by TROs made under s.84. The TRO must be accompanied by the correct speed limit repeater signs as required by TSRGD. A speed limit not properly introduced by a TRO (where one is required) may be challengeable.
Street works and temporary restrictions
RTRA 1984 also covers temporary traffic regulation orders (TTROs) under s.14, used during roadworks, events, and emergencies. These are time-limited and often underlie temporary 'no entry' or 'road closed' signs. A TTRO must also be made properly — it is not enough for a council or contractor to simply erect cones and signs without legal authority.
When to check RTRA 1984 compliance
- ✓Any challenge to a speed limit sign should trace the limit back to the TRO made under s.84.
- ✓Any challenge to a parking or traffic restriction requires checking the TRO made under ss.1–6.
- ✓For temporary restrictions, request the TTRO made under s.14.
- ✓Verify the TRO was made by the correct authority — highway authority vs district council powers differ.
- ✓Check consultation was carried out as required by the 1996 Procedure Regulations.
Relationship with the Traffic Management Act 2004
RTRA 1984 creates the restrictions; TMA 2004 provides the civil enforcement machinery (PCNs, representations, appeals, charge certificates). The two Acts work together: a council uses RTRA to make the restriction, then enforces contraventions of it using TMA 2004 powers. A defect in the RTRA instrument undermines enforcement under TMA 2004.
Sources
- Road Traffic Regulation Act 1984, ss.1–6, 14, 45, 81–84
- Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 (SI 1996/2489)
- Traffic Management Act 2004, Part 6
Frequently Asked Questions
- Can I challenge a speed limit imposed under RTRA 1984?
- Yes, but in practice speed limits are rarely successfully challenged. The more productive ground is usually whether the signs were TSRGD-compliant or whether the NIP was served in time, rather than attacking the TRO itself.
- Does RTRA 1984 apply to Northern Ireland?
- No. RTRA 1984 applies to Great Britain (England, Wales, and Scotland). Northern Ireland has its own road traffic regulation legislation.
- Where can I access Traffic Management Orders made under RTRA 1984?
- Councils must maintain a public register of TROs. You can request a copy via the council's highways or traffic management department, or via a Freedom of Information request. Many councils also publish TROs on their websites or the Traffic Regulation Orders database.
Related
- road-traffic-regulation-act-1984-ss-1-6
- tmo-defect
- traffic-management-act-2004-part-6
- tsrgd-2016
- inadequate-signage-traffic
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