A Traffic Regulation Order (TRO) is the statutory legal document necessary to support any enforceable or highway measure. It allows the Highways Authority to regulate the speed, movement and parking of vehicles and regulate pedestrian movement, which are enforceable either by Monmouthshire County Council Civil Enforcement Officers or by the police.
UK law requires that TROs be in place to enable the police or, in the case of yellow lines, the council, to enforce these restrictions.
The making of a TRO is a lengthy process which includes the following steps:
Following the completion of the proposal consultation must be undertaken. This will require obtaining the views of the Emergency Services, Public Transport Associations, Local Ward Members, and local public transport operators.
Where a proposal involves highway modification or a significant impact to road users Local interest groups such as residents, traders and community groups, who are likely to be affected by the proposals, may also be consulted where appropriate. The proposal may then be amended following consultation.
The TRO advertisement includes a notice in the local press which may also be inspected online here. We will endeavour to display public notices in any roads, where changes may take place, and deemed appropriate.
Representations to the proposals must be made in writing, with grounds, to the address specified in the notice during a minimum 21 day notice period.
When considering the representations Officers must make recommendations to (a) allow the scheme to proceed as advertised, (b) modify the scheme, or (c) not progress it. These recommendations are then considered by a Cabinet Member and a final decision is made in the form of an Officer Decision Report.
Making the Order
The TRO can then be formally sealed providing all standing representations have been considered. Modifications to the proposals resulting from representations could require extended consultation. This procedure can take months to complete and the advertising and legal fees can be substantial.
Notice of order having been made
The Order will be advertised in the local press again and people who have made representations to the scheme will receive notification that the Order has been made from Legal Services. From the date specified in the advertisement the Order will then become enforceable.
Subject to Schedule 9 Part VI of the Road Traffic Regulation Act 1984, any person wishing to question the validity of the Order or any of the provisions in it on the grounds that the Order is not within the relevant powers or that any of the relevant requirements or regulations made hereunder have not been complied with in relation to the Order, may within six weeks from the date on which the Order is made, make an application for that purpose to the High Court.