Legislation – Road Traffic Regulation Act 1984
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Part VII Bollards and Other Obstructions
92 Bollards and other obstructions outside Greater London.
(1)
Where the passage, or the passage in any direction, of vehicles, or of vehicles of any class, is prohibited at any point of a road outside Greater London by an order made under section 1 or 9 of this Act, F1the traffic authority may, in accordance with the following provisions of this section, place, or authorise or require to be placed, at or near that point such bollards or other obstructions as they consider appropriate for preventing their passage.
(2)
The bollards or other obstructions that may be placed under subsection (1) above—
(a)
shall include obstructions of any description whatsoever;
(b)
may be either fixed or moveable; and
(c)
may be placed so as to prevent the passage of vehicles at all times or at certain times only.
(3)
Where the powers conferred by subsection (1) above have been exercised with respect to two or more points of a road, so that the passage of vehicles along a stretch of that road is prevented, those powers shall extend to placing, or authorising the placing of, further obstructions on that stretch of road; but any obstructions placed under those powers shall not be so placed as to prevent at any time the passage of pedestrians past the point or along the stretch of road in question, and shall not be of such a nature that the re-opening of the road to vehicles would be unreasonably difficult or so as to alter the nature of the surface of the road.
F2(4)
The bollards or other obstructions authorised by an order under subsection (1) shall be placed on the road by the traffic authority, except as mentioned in section 93 below.
(5)
Any power conferred by this section to place an obstruction includes power to maintain or light it.
(6)
Any enactment authorising the making of grants or loans in connection with traffic signs (including section 79 of this Act) shall extend to any such obstructions as are mentioned in this section.
93 Powers of Secretary of State in relation to functions under s. 92.
F3(1)
by virtue of an order under section 92(1) the Secretary of State has power to place bollards or other obstructions at a point on a road, he may authorise or require the traffic authority for any other road leading into or crossing that road at that point to place the bollards or other obstructions on that other road.
(2)
(3)
If F4a F6…traffic authority fail to comply with any requirement imposed under this section to carry out any work, the Secretary of State may himself carry out the work; and the expense incurred by him in doing so shall be recoverable by him from the authority and, in England or Wales, shall be so recoverable summarily as a civil debt.
(4)
Any requirement imposed under this section—
(a)
if relating to a road in England or Wales, shall be enforceable on the application of the Secretary of State by order of mandamus; or
(b)
if relating to a road in Scotland, shall be enforceable by order of the Court of Session on an application by the Lord Advocate under section 91 of the M1Court of Session Act 1868.
(5)
Any power conferred by this section to authorise or require an authority to place an obstruction includes power to authorise or require the authority to maintain or light it.
(6)
Subsection (6) of section 92 of this Act shall apply for the purposes of this section as it applies for the purposes of that section.
F794 Bollards and other obstructions in Greater London.
(1)
Where an order under section 6 or 9 of this Act is made or proposed to be made by the Secretary of State F8or a strategic highways company he, F9or it may, to such extent as he F9or it considers necessary in connection with the order, authorise or require any person who is responsible for the maintenance of any road in Greater London F10for which he F9or it is not the traffic authority—
(a)
to place on the carriageway such bollards or other obstructions as the Secretary of State F11or the company may consider appropriate for preventing the passage of vehicles, or vehicles of any class, at any point at which their passage (whether in any direction or in one direction only) is prohibited by any such order, and to maintain and light those obstructions; or
(b)
to remove any obstruction placed by that person in pursuance of an authorisation or a requirement under this subsection.
(2)
Where an order under section 6 or 9 of this Act is made or proposed to be made by the council of a London borough, they may, to such extent as they consider necessary in connection with the order, authorise or require any person who is responsible for the maintenance of any road in their area F12for which neither they nor the Secretary of State F13nor a strategic highways company are the traffic authority—
(a)
to place on the carriageway such bollards or other obstructions as they may consider appropriate for preventing the passage of vehicles, or vehicles of any class, at any point at which their passage (whether in any direction or in one direction only) is prohibited by any such order, and to maintain and light those obstructions; or
(b)
to remove any obstruction placed by that person in pursuance of an authorisation or a requirement under this subsection.
(3)
Subsections (2) and (3) of section 92 of this Act shall apply in relation to the placing of bollards or other obstructions under subsection (1) or (2) above, as if for any reference in them to subsection (1) of that section there were substituted a reference to subsection (1) or (2) above.
(4)
To such extent as the Secretary of StateF14, a strategic highways company or, as the case may be, the council of a London borough may consider necessary in connection with an order under section 6 or 9 of this Act, whether made or proposed to be made by the Secretary of StateF15 , the company, or that council—
(a)
(5)
If a person fails to comply with a requirement to carry out any work under subsection (1) or (2), above, the Secretary of StateF21, the strategic highways company or, as the case may be, the council of the London borough may carry out the work, and the expenses incurred by the Secretary of StateF22, the company or that council in doing so shall be recoverable summarily as a civil debt from that person.
(6)
Section 79 of this Act shall apply in relation to any such obstruction as is mentioned in subsection (1) or (2) above as it applies in relation to traffic signs; and the power of the Secretary of State under that section to make advances towards expenses incurred in relation to traffic signs shall be exercisable with respect to any expenses incurred by the council of a London borough by virtue of subsection (4) above.
(7)
In this section references to the council of a London borough include references to the Common Council of the City of London.
F2394ABollards and other obstructions: terrorism
(1)
This section applies where the passage, or the passage in any direction, of traffic (including pedestrians), or of traffic of any class, is prohibited at any point of a road by virtue of the exercise of a power under section 67 for a purpose relating to danger or damage connected with terrorism or the prospect of terrorism.
(2)
An authorised person may place at or near that point whatever bollards or other obstructions the person considers appropriate for preventing the passage of the traffic.
“Authorised person” means a constable or a person authorised or required to act on behalf of a constable.
(3)
The bollards or other obstructions that may be placed under this section—
(a)
include obstructions of any description,
(b)
may be either fixed or moveable, and
(c)
may be placed so as to prevent the passage of traffic at all times or certain times only.
(4)
Where the passage of traffic along a stretch of road is prevented by virtue of the power under subsection (2) being exercised in respect of one or more points on the road, the power under that subsection includes placing, or authorising the placing of, further obstructions on that stretch of road.
(5)
A power conferred by this section to place an obstruction includes power to maintain or light it.
(6)
Nothing in this section affects any power that a constable has apart from this section.