FIFE COUNCIL
City of Dunfermline Area Committee
03 March 2008
Agenda Item No. 7
TRANSPORTATION SERVICES
TRAFFIC REGULATION ORDER (TRO) PROCEDURE – POSITION STATEMENT
1.0
Proposal
1.1
The purpose of this report is to clarify the procedure for Traffic Regulation
Orders (TROs) and to provide an update on Service performance in the
delivery of such Orders.
1.2
The Terms of Reference as detailed in the Council’s Scheme of
Administration, identifies the role of Area Committees in dealing with statutory
Traffic Regulation Orders. Orders relating to charging, or those with strategic
implications, are dealt with by the Environment and Transportation
Committee.
1.3
Typical examples of the most common permanent or experimental Traffic
Regulation Orders to be dealt with by Area Committees are detailed below.
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Waiting and loading restrictions
Prohibition on vehicles by weight
One Way traffic
Weak bridges
Parking places reserved for disabled badge holders (eg. car parks)
Speed limits (20mph, 30mph, 40mph, 50mph)
Cycle lanes etc.
1.4
Where it is intended to introduce an experimental traffic scheme, an
experimental Traffic Regulation Order is required which cannot remain in
force for longer than 18 months. This allows for a period of assessment and
monitoring of such experimental traffic schemes, which can then be taken into
account when deciding whether to make the scheme permanent or not. Such
experimental Orders allow for public objections.
1.5
The processing of temporary Traffic Regulation Orders is delegated to the
Head of Transportation Services under the Council’s Scheme of Delegation
and these are used to control traffic on roads, or temporarily close roads, for
the purposes of works, special events or for public safety. Such temporary
Orders do not allow for public objections but appropriate information notices
are displayed advising of the effects of such Orders. The costs associated
with the publishing of such Orders for private parties such as Utility
Companies is recovered.
1.6
In a typical year, based on records over the past 2 year period, the Service
would promote Traffic Regulation Orders in the following approximate quantity
and category:
Experimental – 0
Temporary
– 308
Permanent
– 105 (with approximately 20%, or 1 in 5, attracting objections)
1.7
The relevant statutory instruments for Traffic Regulation Orders is The Local
Authorities’ Traffic Orders (Procedure) (Scotland) Regulations 1999, in
conjunction with the Road Traffic Regulation Act 1984 and The Roads
(Scotland) Act 1984 as appropriate.
2.0
Option Appraisal
2.1
The procedure in making Traffic Regulation Orders includes several different
processes, depending on whether the associated Order is permanent,
experimental or temporary. This report will focus on permanent Traffic
Regulation Orders. The procedure and associated processes are largely
statutory requirements laid down by the statutory instruments described at
paragraph 1.7 and hence there is little scope for options in how we deal with
such Orders.
2.2
Key stages in the processing and delivery of permanent Traffic Regulation
Orders are detailed below:
2.2.1 Where Transportation Services have determined that a Traffic
Regulation Order is necessary as part of a design solution to a traffic
related problem the first phase (informal) of consultation regarding the
proposals is with local councillors, police and key local stakeholders as
appropriate (shopkeepers, schools etc).
2.2.2 Transportation Services submits a report to the appropriate Committee
seeking approval to promote the relevant Order, subject to further
consultation.
2.2.3 If approved, Transportation Services then prepares plans and
documents to allow drafting of a legal Order and supporting
documentation and passes to Law and Administration Service who
then consult formally with Councillors, police, emergency services,
motoring and freight associations, key road-users and the Scottish
Government (if relevant). Whilst community councils are not consulted
consistently across Fife via this formal procedure, they are consulted
by Transportation Services with regard to Orders and Notices for
20mph schemes and by some local Councillors for all other Orders.
The formal consultation procedure will be reviewed to consider the
need for a consistent approach to community councils.
2.2.4 Law and Administration Service prepare a legal Order and publish
“Intention to make an Order” in the local press.
2.2.5 A 21 day period must elapse for the receipt of any objections to the
terms of the Order (28 for those relating to speed limits, stopping-up
and re-determination of use).
2.2.6 All objections are acknowledged by Law and Administration Service
and forwarded to Transportation Services to consider. This will often
lead to meetings with objectors, discussions on the merits or otherwise
of the proposals and exchange of correspondence. Through this
process sometimes objections can be resolved allowing the scheme to
proceed. A letter is requested from an objector to confirm the removal
of their objection.
2.2.7 Where objections cannot be resolved, this will either involve a
subsequent report to Committee seeking a decision on these unresolved objections or the undertaking of a Hearing (depending on the
nature of the Order).
2.2.8 If no objections are received the Order is made and a “Notice of
making an Order” is published in the local press.
2.2.9 Engineering measures (signs/lines etc) are implemented and the Order
is operative.
2.2.10 A 6 week objection period is available for any objections to be raised
regarding the process of making the Order. Any such objections
received are dealt with through the Court of Session. This is not
common.
2.3
Appendix 1 shows a flow-chart of the full Traffic Regulation Order procedure
described above and Appendix 2 shows a flow-chart of how objections to the
terms of such Orders are dealt with.
3.0
Monitoring and Evaluation
3.1
The processing of permanent Traffic Regulation Orders has a strict procedure
which must be followed and has numerous consultative and administrative
stages involving a variety of Services and stakeholders. Typically, it can take
up to 12 months from initiating the consultative phase to delivery of the
approved measures on the ground, particularly when objections are lodged.
Where the implementation of Traffic Regulation Orders involve laying
thermoplastic road markings, delays can occur in wet weather conditions
since the process is very weather susceptible.
3.2
As detailed in Transportation Services “Service Improvement Plan”, we have
aspirations to complete all permanent Traffic Regulation Orders with
associated routine measures (excluding those involving objections) on the
ground within 26 weeks, with a current target performance of 80% of such
Traffic Regulation Orders within this timescale. For Traffic Regulation Orders
associated with engineering projects, rather than routine traffic management
measures, the timescale for implementing the Order and completing the
works on the ground will be dictated by the associated Area Transportation
Works Programme rather than by the above target and timescale.
3.3
Councillors have continuing concerns with the timescales in implementing
some Traffic Regulation Orders and delivering the associated measures.
Whilst some have been delayed by the objection process, it is acknowledged
that the Service performance in progressing several of these orders can be
affected by delays being caused by staff turnover, staff absence,
communication and administration problems between Services and
competing workload priorities.
3.4
To maintain service performance in this area, increased resources have been
provided for some time now in the Law and Administration Service, which is
helping with the current workload peak relating to 20 mph zones at schools
etc. A more focussed approach towards the administrative process has been
taken by Transportation Services and, to assist with this, a quarterly
performance report, previously brought to Area Services Committees, will
continue to be brought to Area Committees. This will report on our
performance, both on a Service wide basis and in relation to each committee
administrative area, in relation to the target detailed at 3.2 for completing 80%
of routine traffic management measures on the ground within 26 weeks that
have associated permanent Traffic Regulation Orders attracting no
objections. Information will also be available on the progress and timescale
for processing all other permanent Traffic Regulation Orders, including those
which attract objections.
4.0
Resource and Policy Implications
4.1
As explained at paragraph 3.4, Transportation Services has supported an
additional staff resource in Law and Administration Service for some time now
to deal with the on-going peak workload related to the roll-out of mandatory
20mph schemes since 2003.
4.2
The current approximate annual cost to Fife Council incurred by advertising
fees associated with Traffic Regulation Order statutory procedures is
£40,000.
4.3
The ability to promote and implement Traffic Regulation Orders, and the traffic
management and engineering measures associated with them, in an efficient
and effective way has a major bearing on ensuring a safe and effective
transportation network in Fife for the benefit of our communities and
businesses. Raising awareness of the processes and procedures involved,
and setting appropriate performance targets in this regard as part of Service
Improvement Planning, will help provide a focus on this area of service
delivery to help reduce the risk of failing to reasonably progress such Traffic
Regulation Orders once their need has been identified.
5.0
Consultation
5.1
On-going consultation with elected councillors and area committees continues
to take place through the processing of Traffic Regulation Orders and regular
progress reports. North East Fife Area Committee requested that this update
report be brought to the Area Committees to bring new councillors and
committees up to speed with the procedures.
6.0
Conclusion & Recommendations
6.1
It is recommended that Committee notes the contents of this report and
a) agrees to the continuing submission of quarterly performance reports on
Traffic Regulation Orders to the Area Committee.
b) agrees to the continuing reporting of performance against a target of
completing 80% of all routine permanent Traffic Regulation Orders and
associated routine measures within 26 weeks, excluding those which
attract objections.
Author: Murray Hannah
(01383 609296)
New City House
1 Edgar Street, Dunfemline
11 February 2008
Stuart Knowles
Senior Manager
Dr Bob McLellan
Head of Transportation Services