UK Offence Report

Contravention of The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1989

the instrument as a whole of The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1989

The provision has been revoked, but a saving provision keeps it prosecutable for conduct before a stated date. A person can still be charged with something it is no longer an offence to do.

What the provision says

Contravening this instrument is an offence under sections

5 and 17(4) of the Road Traffic Regulation Act 1984. The instrument itself contains no offence-creating words.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
breaching the provision
Fault element
Strict liability
Burden of proof
Not determined

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

Classifier’s reasoning: contravention offences of this kind are strict as to the breach; the fault position is governed by the parent Act and was not read from it.

What would breach the instrument as a whole?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing what the provision prohibits, or failing to do what it requires under the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1989.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to sections 5 and 17(4) of the Road Traffic Regulation Act 1984.

the penalty is in the parent Act, not in this instrument.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Revoked, but still prosecutable
Revoked by
The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996
Revoked on
1 December 1996
Made
4 July 1989
In force from
28 July 1989
Extent
Not stated

How this was established: revoked, but a saving provision keeps the offence prosecutable for conduct before the stated date.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations lay down the procedure to be followed by local authorities in England and Wales in connection with the making by them of the main types of traffic and parking place orders under the Road Traffic Regulation Act 1984. The Regulations restate with modifications in a single, uniform code the separate procedures which formerly applied in London and in the rest of England and Wales respectively (see regulation 1). The main changes are referred to below. Regulation 3 specifies the orders to which the Regulations apply. These include traffic regulation orders, experimental traffic orders, orders relating to the use of roads by public service vehicles, street playground orders, orders relating to parking places both on and off the highway (including bus station and parking meter orders), orders relating to speed limits, orders for exempting roads from the prohibition of the parking of vehicles on verges, central reservations and footways, and for controlling the parking of vehicles in areas used for loading or unloading goods vehicles. Regulations 4 to 13 lay down the procedure to be followed before an order is made. They provide for preliminary consultations (regulation 5), publication of proposals (regulation 6), objections to the order (regulations 7 and 12), public inquiries (regulations 8 to 10), the modification of proposals (regulation 13) and for certain cases where the Secretary of State’s consent is required (regulation 11). The main changes are a new requirement to consult a neighbouring highway authority whose roads may be affected (regulation 5(1)(c)); a relaxation in respect of street notices—obligatory only where the authority consider it desirable for publicity purposes (regulation 6(1)(c) and regulation 9); extension of the former London provision for simultaneous consultation and advertisement (regulation 6(2)); a minimum period of 21 days for objections in all cases (regulation 7(1)); extension to London of the provisions previously applying elsewhere to public inquiries, except where objections are frivolous (regulation 8) and extension of the “peak period” times in that connection. Regulations 14 to 16 contain requirements about the commencement date of the order and notification thereof. The previous requirement outside London to notify objectors of the made order has been relaxed (regulation 16(2)). Regulation 17 makes provision for the erection of traffic signs to convey information as to the effect of the order. It differs from previous regulations in that it expressly requires such signs to be maintained. Regulations 18 to 25 generally extend the former London procedures for consolidation orders (regulation 19), minor orders (regulation 20), orders under section 30 of the 1984 Act, roads used as playgrounds (regulation 23), loading area orders (regulation 24) and the making of orders in part (regulation 25). The main exception is in relation to experimental traffic orders (regulations 21 and 22) where the former requirement outside London for consultation is applied generally, but the requirement for prior publication is relaxed. Regulations 26 and 27 contain new requirements for the revocation and re-enactment of orders in exceptional circumstances where the publication requirements of regulation 16 cannot be met. Regulation 29 lays down the procedure to be followed by London Boroughs and metropolitan districts in respect of orders subject to Part II of Schedule 5 to the Local Government Act 1985. Regulation 30 makes transitional provision for orders published before the coming into force of these Regulations. Schedules 1 to 3 contain particulars of the details to be included in the press notices of an order, of the requirements as to display of notices of an order in the road itself, and of the requirements about making documents relating to an order available for public inspection. These are to include a map in appropriate cases. Schedule 4 lists the documents which must accompany an application for the appropriate Secretary of State’s consent. The requirement to supply copies of press advertisements no longer applies; a statement identifying the relevant newspapers or journals will suffice. Schedule 5 lists the minor variations to an order to which regulations 19 and 20 apply. These generally extend simplified London procedures such as the waiving of obligations to consult in certain cases. This includes orders varying parking charges other than excess charges (paragraphs 9 and 10). Part V relates specified unladen weights to corresponding maximum gross weights of vehicles for the purposes of Part I.

Read the full note and every offence in this instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.63.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.63 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source