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POLICE POWERS TO CLOSE THE HIGHWAY

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POLICE POWERS TO CLOSE THE HIGHWAY

Postby OPENSPACES » Tue Jun 27, 2017 9:56 am

I live in a village which is badly affected traffic wise by a public event of national significance. While we have had some difficulty with the TRO issued by the HA being less than specific, the issue which is of greatest concern is the ad hoc closure of other highways not mentioned in the TRO by the Police, which causes villagers a 7 mile diversion.
I have at last been quoted RTRA 1984 s67 as the legislation which gives powers to make such decisions. Could an experienced eye confirm that this legislation does indeed empower the Police to close any highway, erect road closed signs, without notice to mitigate against traffic congestion. It appears to be the case
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Re: POLICE POWERS TO CLOSE THE HIGHWAY

Postby atticus » Tue Jun 27, 2017 10:09 am

I think the OP refers to the Road Traffic Regulation Act 1984.

S67 is a power to be used in "extraordinary circumstances".
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Re: POLICE POWERS TO CLOSE THE HIGHWAY

Postby diy » Tue Jun 27, 2017 10:37 am

The police specifically don't have a power to close a road, in the same way as the local authority/highway authority have the power to issue a temporary traffic order. But they have the power stop anyone and you commit an offence if you don't stop. http://www.legislation.gov.uk/ukpga/1988/52/section/35 Further you could commit an offence if your failure to comply with their direction, if it amounted to wilful obstruction http://www.legislation.gov.uk/ukpga/1996/16/section/89 Also this applies to anyone else assisting them. So for example a closed road cycle race, an instruction from one of the escort motorbikes might also qualify, if it amounted to the same thing. In addition you have the traffic management act giving powers to stop/direct to others http://www.legislation.gov.uk/ukpga/2004/18/contents

Fundamentally, you must comply with their directions or those of any road sign (you've already covered the right they have to install those for up to 7 days), but you could if prosecuted investigate the lawfulness of the traffic order, which may make the road sign unenforcable.
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Re: POLICE POWERS TO CLOSE THE HIGHWAY

Postby atticus » Tue Jun 27, 2017 11:17 am

s67 of the 1984 Act, indicates otherwise, diy.
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Re: POLICE POWERS TO CLOSE THE HIGHWAY

Postby diy » Tue Jun 27, 2017 12:08 pm

Which bit? the power to issue a TRO?

Thats covered here:
http://www.legislation.gov.uk/ukpga/1984/27/section/1

My point was - yes they do have the right to erect temporary blocks and enforcement of them is not limited to them.

So to answer the OPs question : Yes and its a power not restricted to a constable.
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Re: POLICE POWERS TO CLOSE THE HIGHWAY

Postby atticus » Tue Jun 27, 2017 12:21 pm

If this event will be repeated, perhaps in 2019, the OP and other affected residents should now contact local MP and councillors to try to agree with the police arrangements that will cause less inconvenience.
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Re: POLICE POWERS TO CLOSE THE HIGHWAY

Postby OPENSPACES » Tue Jun 27, 2017 1:12 pm

The problem is that the Highways Authority, Police and the Events company who use accredited marshals essentially say we have written a traffic management plan between ourselves and that's all you need to know. I tried last year to get them to use grid references on TROs but the attitude seems to be we manage the Highways we know what we are doing , go away. I suppose the only question mark is, is there a definition of extraordinary circumstances i.e. if its a known and expected problem should it be dealt with by a TRO?
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Re: POLICE POWERS TO CLOSE THE HIGHWAY

Postby atticus » Tue Jun 27, 2017 1:32 pm

Is that a reason not to ask your MP and or councillors to try to help for the future?
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Re: POLICE POWERS TO CLOSE THE HIGHWAY

Postby diy » Tue Jun 27, 2017 1:33 pm

I think your option was to object to the events license on the basis of disruption.

other than that, you need to form a lobby group. I live near the ride 100 course and the TRO's in place are very restrictive (vague). Many towns are cut in half giving residents no ability to get from one side to the other during the event. The council's initial view was, its tough luck as its part of the Olympic legacy and was approved years ago, however, there has been an ever increasing lobby which is starting to get heard.

Personally I make sure I'm away that weekend and therefore not affected. But business owners do suffer.
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Re: POLICE POWERS TO CLOSE THE HIGHWAY

Postby atticus » Tue Jun 27, 2017 1:37 pm

You could rent your house out, diy, to one of the hordes of visitors, and go to Glastonbury.
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