Statutory Instruments VS Traffic regulation orders

Can you tell the difference between a Statutory Instrument & a Traffic regulation order?


I found that this Heddon On The Wall, Northumbria Council order featured the "cause or permit" provision.
That provision applies to both speeding offences & dangerous driving offences differently in the Road Traffic act 1930.
It seems to have been separated between the Road traffic acts & Road Traffic regulation acts. And I am not certain if it still applies the same.
It has been quoted in this 2019 order anyway.



So I am looking into it.
The 1972 road traffic act features the provision, but I haven't seen it yet in the 1988 road traffic act or 1984 road traffic regulation act.

This gave me reason to question if councils were getting other things wrong as well.



I Knew that, by the wording on a Traffic regulation orders article, they were not to be used for changing speed limits. I always understood that.
Yet people always referred to local speed limit orders as "traffic regulation orders"

regulations for making traffic regulation orders
www.bentcop.biz/traffic_regulation_orders.pdf


I was recently very happy to be proved right, in my belief that traffic regulation orders cannot be used to regulate speed limits.

when I found... looking through the Road Traffic Regulation Act 1984... in Part 1

(3) Provisions for regulating the speed of vehicles on roads shall not be made by a traffic regulation order.

This is great.... But if councils refer to them as traffic regulation orders.. then there is something wrong, right?

Well... It turns out that the Department of transport get Statutory Instruments made by Parliament (both houses)
Trunk road speed limits are changed by Statutory instrument.

And Local councils must only get Local roads changed by Statutory Instrument as well. Statutory instruments are very distinguishable
Here are the regulations for making those here:

www.bentcop.biz/statutory_instuments.pdf

The only thing is that in general terms they are both referred to as "an order" which is confusing.
Because they are both very different.


I have looked at some (orders) for speed limits by local councils...
www.bentcop.biz/2012_Barton_TRO_police_camera_road.pdf
www.bentcop.biz/LANCASHIRE_Tro_A682_on_consultation_with_chief_police_off.pdf
www.bentcop.biz/2000_Ossett_bypass_colin_cramphorn_entrapent_road.pdf
They definitely did have some 1977 traffic regulation orders for speed limits, which were removed in one of the orders & stated as such

And some orders for parking, which must clearly be (traffic regulation orders)
www.bentcop.biz/TRO_Chorley_council.pdf

And they look the same to me. They quote various legislation.. (so what) I can quote legislation myself and draft a document.
But I don't really see anything which makes those speed orders out as a "statutory instrument" made order.
They just look like the parking order. In the way its been done.

Now. here are some "Statutory Instruments" & what they should look like... it says statutory instrument on it. not just order.
the first one here is the same road (A638) to the last order of the first list above, but they are totally different.
The last one below, is for a welsh road and only a temporary order but its very identifiable as a statutory instrument, even if temporary, not a scratty local order form
www.bentcop.biz/1991_A638_TRO.pdf
www.bentcop.biz/2009_A63_Hull_detrunking_2009_no_TRO_40_50mph.pdf
www.bentcop.biz/2009_Jan_A55_50mph_no_tro_number_north_wales.pdf

Now... I have read the Road traffic regulation act & Road Traffic act...
I am not entirely certain the council NEEDS to make ANY ORDER at all... if it is a 30mph road that is LIT. Because it is a restricted road anyway by the street lighting. It doesn't have Road Signs. I was wondering if they can just use 40mph signs to make it 40mph on a restricted road (without needing any order) I thought that it what it used to be for making effect of the speed limit.

It seems like an unrestricted road that is LIT, should be considered 30mph if no National speed limit signs are present. That is what we are led to believe.

It seems like they definitely need an order to change a restricted road into an unrestricted road. And apply a speed limit specific to the unrestricted road.

But I think they DO need an order to change other speed limits.. only that... It is pretty clear that they aren't to do it by way of Traffic regulation order. Only by Statutory Instrument.

I have found that Statutory Instruments must be put through parliament & both Houses. It is not just something that the local council can cook up themselves.

I put together the relevant information, which I will go through soon, in detail. I have noted a few things, I will talk about.everything below I have pulled together just out of interest for evaluation.
But to start with... we see that in 84. (1)(2)(3)(4)&(5) it says that part VI is only for (speed limits on roads other than restricted roads)
so my question is, why the hell would you make an order.. that was an order for a restricted road, and draft it up, using powers under section 84 which only concern roads that are non restricted roads? as none of those provisions are applicable.


That brings me back to the very first point I mentioned in this thread... IF the "cause & permit" provisions are partly obsolete in some acts.. then why are they being used in a 2019 order? and is it a statutory instrument at all? or just a traffic regulation order? This is what I am going to find out.