Written question asked by Lord Bradshaw (Liberal Democrat), in the House of Lords. It was answered by Lord Davies of Oldham (Labour) on Wednesday, 1 July 2009.

Roads: Byways Open to All Traffic

Question: To ask Her Majesty’s Government further to the Written Answers by Lord Hunt of Kings Heath on 11 May (WA 173–74) and 1 June (WA 55), what action they will take to enable responsible organisations and individuals to appeal to the Secretary of State against refusals by local highway authorities to make traffic regulation orders to ban mechanically propelled vehicles from damaged byways open to all vehicles, where the circumstances of the byways in question satisfy any of the criteria in Section 1(1) of the Road Traffic Regulation Act 1984.

Answer: There are no plans to amend the Road Traffic Regulation Act 1984 to provide for a right to appeal to the Secretary of State against a refusal by a local highway authority to make a traffic regulation order. To do so would risk imposing a significant new regulatory and financial burden upon those authorities. Local highway authorities are best placed to judge whether a traffic regulation order would be appropriate in any given circumstances. If an individual wishes to challenge the decision of a local highway authority not to make a traffic regulation order he or she can do so by way of an application for judicial review.

Secondary information

Type: Written question
Reference: 4532; 712 c64WA
Session: 2008-09
Related items: Roads: Byways Open to All Traffic
Monday, 1 June 2009
Written questions
House of Lords; Roads: Byways Open to All Traffic
Monday, 11 May 2009
Written questions
House of Lords
Subjects: Appeals Damage Motor vehicles Protection Rights of way Road traffic control
Link: View this Written question on www.publications.parliament.uk