3LEGAL
GENERAL
2.1 All traffic signs placed on a highway or on a road to which the public has access (right of passage in Scotland), as defined in section 142 of the Road Traffic Regulation Act 1984 and amended by the New Roads and Street Works Act 1991, must be either prescribed by Regulations or authorised by the Secretary of State for Transport (for installations in England), the Department for Regional Development (Northern Ireland), the Scottish Executive or the Welsh Assembly Government as appropriate. Care should be taken to ensure that signs are used only as prescribed in the Regulations, and in accordance with any relevant directions, and that no non-prescribed sign is used unless it has been formally authorised in writing. Failure to do so may leave an authority open to litigation, or make a traffic regulation order unenforceable. There could be circumstances where it might be appropriate to use prescribed signs in a manner that is not strictly in accordance with the Directions. In such cases, a special direction (not an authorisation), given in writing, should be sought from the Department. Except in the case of certain signs to indicate temporary obstructions or placed by the police in an emergency, signs may be placed only by or with the permission of the traffic authority.
2.2 Most regulatory signs are the means of putting into practical effect an Act, order, regulation, byelaw or notice (direction 7). For example, such orders may impose restrictions on speed, on the turning of traffic in a particular direction at a junction, or on waiting. Most regulatory signs are therefore used to give effect to a traffic regulation order. Restrictions, and the supporting traffic orders, particularly those for parking controls, should be kept as simple as possible in order to avoid complex traffic signs that might be difficult for drivers to understand.
2.3 Where an order is not required, this is indicated in the relevant section of this chapter. Even signs which do not require an order may, by virtue of regulation 10, be subject to section 36 of the Road Traffic Act 1988; these are listed below:
601.1 (but does require the Secretary of State's approval, see direction 6)
602
606 when used on the central island of a roundabout or at a junction with a dual carriageway road
609 when used on the approach to a dual carriageway road
610
611.1
615
616 in certain circumstances (see para 4.44)
629.2 and 629.2A where used on a road where headroom is limited by a structure (see para 5.42).
Although a bus stop clearway does not require an order, and the signs to diagrams 974 and 975 are not included in regulation 10, the road markings to diagrams 1025.1, 1025.3 and 1025.4 are, and are therefore subject to section 36 of the Road Traffic Act 1988. However, they must be accompanied by a sign to diagram 974 or 975 (direction 25(1)).
2.4 In this chapter, the words "exception" and "excepted" are used to describe variations to an order that need to be signed, and "exempt" and "exempted" to indicate those that do not.
ILLUMINATION
2.5 Illumination requirements for traffic signs are set out in Schedule 17 and referenced as Item 5 in the tables associated with each diagram. Most regulatory signs, other than those that prohibit waiting and loading, or indicate parking places, must be lit in accordance with Schedule 17 Item 1. This requires signs to be directly lit if they are sited within 50 m of a street lamp forming part of a system of street lighting. However, certain exceptions are permitted in paragraph (4) in column (3) of Item 1. These include the "one-way traffic" sign shown in diagram 652 (see paras 4.35 to 4.37) when sited more than 50 m from a junction, signs placed to indicate the provision of a temporary order, and road works signs on a road where the permanent speed limit is 40 mph or less. Signs that qualify for this exemption from direct lighting, and those listed in Schedule 17 Item 1 that are located on unlit roads, need only be reflectorised (see para 2.6), although they may be directly lit. Schedule 17 Items 6 and 7 deal with signs mounted on traffic signals and in illuminated bollards respectively. See paras 14.54 to 14.58 for the illumination of speed limit signs.
2.6 Signs listed in Schedule 17 Item 4, such as those for bus lanes, must be either directly lit or reflectorised in accordance with regulation 19, whether or not the road is lit. It is not, therefore, a regulatory requirement to directly light these signs within a system of street lighting. However, some
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