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#Post#: 84525--------------------------------------------------
Is this TRO lawful?
DIR By: Francis
Date: August 7, 2025, 1:59 am
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My local council has placed temporary restrictions on several
roads prohibiting stopping and waiting between the hours of
11:00 and 15:00 on Fridays only. These times have been targeted
by the council because some users of the local place of worship
park their vehicles along these roads, sometimes
inconsiderately, and this has led to complaints from residents.
As a result of the parking of vehicles, traffic flow is often
impacted but I have not seen anything which I would describe as
a danger to the public. Therefore, I am concerned that the
council is misusing the Road Traffic Regulation Act in order to
impose restrictions in order to appease local residents and
bypass the process for implementing permanent restrictions.
As part of an FOI request, the council made the following
comment:
"Regrettably, some vehicles are being parked in dangerous and
obstructive locations, so temporary restrictions to maintain
safety have been installed whilst we work with the mosque and
Earley Town Council to find a solution that is suitable for the
needs of all road users."
What is the legality of the TRO (attached)? Does the council
need to demonstrate that there is a risk of danger to the
public?
#Post#: 84553--------------------------------------------------
Re: Is this TRO lawful?
DIR By: fraser.mitchell
Date: August 7, 2025, 5:38 am
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--- Quote ---
> What is the legality of the TRO (attached)? Does the council
need to demonstrate that there is a risk of danger to the
public?
--- End Quote ---
Perfectly legal if due process has been followed. There is no
need to demonstrate the risk to the public, all they need to do
is state a reason. Residents can object to proposed TROs when
they are in course of preparation, but councils make sure by
various subtle means that nobody knows about them until they are
implemented. The law on publising the proposals is way, way, out
of date, so the proposals get buried in local papers. I see them
regularly in the Crewe Chronicle up here in CHeshire. Are they
on the council website ? Of course not !
There is hope, as an LTN was recently declared illegal by a High
Court judge, but the residents had to find a lot of money to
fight it.
#Post#: 84578--------------------------------------------------
Re: Is this TRO lawful?
DIR By: H C Andersen
Date: August 7, 2025, 7:50 am
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If you want to know whether we can supply you with a silver
bullet, the answer is no.
There's clearly a backstory.
As per Incandescent, was due process followed as far as you
know?
#Post#: 84745--------------------------------------------------
Re: Is this TRO lawful?
DIR By: Francis
Date: August 8, 2025, 6:32 am
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Yes, I believe the legal process was followed except for the
fact signage placed at the location contained untrue information
but the council have admitted this and said that they will
change the signs:
"...these restrictions are not in situ due to any highway works.
Signs referring to this have been placed and erected in error
and will be replaced with correct information as soon as
possible this week."
I was questioning the legality of the TRO because the official
reason for the TRO is because the "[council] is satisfied that
traffic on the said roads should be restricted by reasons of
maintaining the safety of the public" but it seems blatant to me
that the reason for the TRO is to manage traffic flow.
Unfortunately, I am not able to prove this belief.
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