TRO process

As Government Guidance to National Park Authorities on making Traffic Regulation Orders recognises ‘when considering how to deal with an identified problem, a TRO may be only one of several options available…more information on possible solutions and strategies is contained in the Defra publications "Making the Best of Byways" and "Regulating the use of motor vehicles on public rights of way and off-road” and guidance specific to national park authorities.’

(All of above website links open in new windows.)

The National Park Authorities’ Traffic Orders (Procedure) (England) Regulations 2007 came into effect on  October 2007.  This enables the Yorkshire Dales National Park Authority to make TROs using powers under sections 22BB and 22BC of the Road Traffic Regulation Act (RTRA) 1984.  These powers were introduced by Section 72 of the Natural Environment and Rural Communities Act 2006 and enacted through The Natural Environment and Rural Communities Act 2006 Commencement Number 1 Order 2007.  A copy of the Regulations (Statutory Instrument) can be found on the Office of Public Sector Information website by clicking on the link below:

• The National Park Authorities' Traffic Orders (Procedure) (England) Regulations 2007 (website opens in new window)

These new powers enable national park authorities to make TROs within a National Park on roads (or ways) which are shown on the definitive map and statement as public footpaths, public bridleways, restricted byways and byways open to all traffic and other carriageways with a predominantly unsealed surface. The TRO may be permanent (of unlimited duration), experimental or temporary.

The National Park Authorities' Regulations require a four stage process, involving two separate consultations when making a traffic regulation order. Details are given below.

1. Consultation before publication of proposals (Part 2, Section 4 )

This is a consultation on the possibility of making an Order, followed by consideration of those consultation responses before deciding whether to publish a notice to make an Order. No statutory period for consultation is stated in the Regulations. To download a list of the statutory consultees who will be consulted at this stage, click on the link below:

• Statutory consultees for TRO consultation process (opens Document Library)

2. Publication of proposals (Part 2, Sections 5 and 6)

Publishing a notice, and sending  the notice to consultees, (and reasons for proposing an Order, a copy of the draft Order to be made, to be made available for public inspection for six weeks).  The Regulations requires a minimum of 21 days for representation after all notices are displayed.

Notice of proposals to make a Traffic Regulation Order must be posted on the Authority's website under Section 5 of the Regulations.  These can viewed on the TROs page.

3. Considering representations (Part 2, Sections 7 and 11(1))

Before deciding whether to make an Order the Authority must consider all of the representations received, and then decide whether to still make the Order.  The Authority could decide to call a public inquiry at this stage.

4. Making the Order

Finally making the Order a minimum of one month after publishing notice of its intention.

To download a copy of a flowchart illustrating the above  process in full from our document library click on the link below:

• Flowchart illustrating TRO process (opens Document Library)

In addition the National Park Authority can make temporary TROs under its delegated powers from the county councils.  Details of current and proposed TROs in place in the National Park are available from the TROs page.