FOI request detail

TfL Procedure for making Traffic Order laws under delegated authority

Request ID: FOI-0719-2425
Date published: 01 July 2024

You asked

I refer to Transport for London’s delegated authority from Parliament to make laws relating to speed limits (Traffic Orders) under the Road Traffic Regulation Act 1984 and TfL's constitutional obligation to exercise this authority in a responsible manner and not arbitrarily. What is the TfL process/procedure/protocol for making a Traffic Order? What are each of the steps, including notification and time period requirements? Who has to approve each of the steps and ultimately approve the Order? Does the Board of Transport for London, under Chairman Sadiq Khan, have to approve the Traffic Orders? Given TfL's laws do not undergo the normal Parliamentary scrutiny of primary legislation, are there any checks and balances to ensure TfL's laws (Traffic Orders) are balanced and fair and the most effective way of achieving legitimate public interests, also considering alternatives, rather than unchecked, unilaterial decisions? What are the signature requirements for a Traffic Order? Can only one person sign a Traffic Order into law for the public to obey? Who has oversight of this person? Does signatures on the Traffic Orders have to be witnessed or stamped? Is there a registry or log of Traffic Orders that have been issued? Who enters the Traffic Orders on this registry and ensures that Traffic Orders have been made in compliance with the approved process for making a Traffic Order?

We answered

Our Ref:         FOI-0719-2425

Thank you for your request received on 10 June 2024 asking for information about the procedure for making traffic order laws under delegated authority.

Your request has been considered in accordance with the requirements of the Freedom of Information (FOI) Act and our information access policy. I can confirm that we do hold the information you require. You asked:

1.         What is the TfL process/procedure/protocol for making a Traffic Order? What are each of the steps, including notification and time period requirements? Who has to approve each of the steps and ultimately approve the Order?

All authorities, including TfL, must comply with the statutory requirements set out in legislation and regulations when making Traffic Orders. These statutory requirements form the basis for the Traffic Order making process and include details on what is required from an authority including consultation and timeframes. The relevant legislation and regulations are the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996, The Road Traffic (Temporary Restrictions) Procedure Regulations 1992 and Road Traffic Regulation (Special Events) Act 1994 in compliance with the Road Traffic Regulation Act 1984. The statutory requirements are different for the type of traffic order required but all order types are covered within these statutory provisions.

TfL uses a software system which is compliant with these statutory requirements to manage their Traffic Order making process and each of the statutory requirements set out in legislation, including the making of the order, is approved by an officer identified within Delegated Authority Consent Forms.

2.         Does the Board of Transport for London, under Chairman Sadiq Khan, have to approve the Traffic Orders? Given TfL's laws do not undergo the normal Parliamentary scrutiny of primary legislation, are there any checks and balances to ensure TfL's laws (Traffic Orders) are balanced and fair and the most effective way of achieving legitimate public interests, also considering alternatives, rather than unchecked, unilaterial decisions?

The Board of TfL has authority to approve Traffic Orders for the TfL Network. However, the Board delegates this authority by way of TfL Standing Orders, Part 2: Scheme of Delegation and the Delegated Authority written consent forms.

TfL’s ability to bring into effect Traffic Orders is regulated by the legislation and regulations referred to in question one above. The Road Traffic Regulation Act 1984 establishes the purpose when a Traffic Order can be made and along with the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996, The Road Traffic (Temporary Restrictions) Procedure Regulations 1992 and Road Traffic Regulation (Special Events) Act 1994 places a number of statutory obligations on the authority including consultation with statutory bodies e.g. Police, Emergency Services etc and with the public. TfL fully comply with these statutory duties and fully review, consider and respond to all objections received as part of this process.

In addition to these statutory requirements TfL provides a stakeholder engagement website Have Your Say Transport for London (tfl.gov.uk), which informs the public of TfL’s future plans and provides the public an opportunity to comment and provide feedback.

3.         What are the signature requirements for a Traffic Order? Can only one person sign a Traffic Order into law for the public to obey? Who has oversight of this person? Does signatures on the Traffic Orders have to be witnessed or stamped?

In relation to your third question, the Consent Order lists those individuals within TfL who have delegated authority under TfL’s Standing Orders to make appropriate decisions in relation to Traffic Orders including to make and approve such Orders. Our Chief Operating Officer has general oversight of these personnel. Where signatures are affixed to any Traffic Orders, we have no internal procedures to have them witnessed or stamped.

4.         Is there a registry or log of Traffic Orders that have been issued? Who enters the Traffic Orders on this registry and ensures that Traffic Orders have been made in compliance with the approved process for making a Traffic Order?

TfL’s Traffic Orders Team keeps a log of all Traffic Orders that have been issued. This function is completed in line with our statutory process, where the steps are managed and then the final Made Order is filed and logged.

If this is not the information you are looking for please do not hesitate to contact me.

Please see the attached information sheet for details of your right to appeal.

Yours sincerely

Gemma Jacob
Senior FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London

[email protected]

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