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POLICE POWERS TO CLOSE THE HIGHWAY

Issues arising from our actions on the roads - including Transport.

Re: POLICE POWERS TO CLOSE THE HIGHWAY

Postby OPENSPACES » Wed Jun 28, 2017 6:46 am

One final question. The s67 legislation appears to authorise only the use of signage defined in s64. Does this include the simple "bollarding off" of access or must there be a readable instruction as well?
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Re: POLICE POWERS TO CLOSE THE HIGHWAY

Postby diy » Wed Jun 28, 2017 8:38 am

If there is a TRO in force, the coning off is sufficient. If there is no prescribed road closed sign, then its back to failure/obstruction. Sec 14-16 lays out the provision for coning off. Its also rule 288 https://www.gov.uk/guidance/the-highway ... 288-to-307 so you could be done for driving without due care as a catch all.

You only really have an argument to ignore a sign, if the TRO no longer covers it and its unmanned and nobody directs you to stop. Obviously there are other reasons why this may not be smart.
My suggestions are not legal advice
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Re: POLICE POWERS TO CLOSE THE HIGHWAY

Postby OPENSPACES » Wed Jun 28, 2017 9:35 am

Let me be clear the TRO does not cover the affected roads. They are entirely separate highways. Essentially what happens is that if the site becomes overcrowded the police (presumably) order the closure of all in bound roads to the site. This appears to be covered by 67 "extraordinary circumstances". What in practice happens is that the accredited marshals do the closing off with cones using devolved powers.
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Re: POLICE POWERS TO CLOSE THE HIGHWAY

Postby diy » Wed Jun 28, 2017 11:21 am

Check with the council if the organisers submitted an application under Section 14 (1) of the Road Traffic (Temporary restrictions) Act 1991, they may be missing their £475 fee. An event employee has no right to close a road, so if you are certain that they didn't get a TRO and that the police or other authorised person didn't do it then its potentially an offence

If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage of the highway, he commits an offence, (section 137 Highways Act 1980).

I'm not convinced in the circumstanced he doesn't have lawful authority.
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Re: POLICE POWERS TO CLOSE THE HIGHWAY

Postby OPENSPACES » Wed Jun 28, 2017 12:41 pm

My understanding is
Accredited companies and their staff do not seek permission from local forces to use their powers. The Police are not relying on any powers in respect of CTM staff, their powers derive from their accreditation under the Police Reform Act, Schedule 5 paragraph 8b which enables them to stop and direct traffic
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