 |
 |
| Publications |
| Home | Press | Publications | What We Do | Who We Are | Search | Site Map | Contacts | Links | ||||
|
|
|||
 Publications A to Z
|
< Previous | Contents | Next >
Introduction
A1.1 The following sections outline the legislative guidelines and legal considerations currently necessary to enable the development of a cycle facility within Scotland.
Legislative Guidelines
A1.2 Provision of any type of cycle facility should rely on clear legal authority. Four Acts of Parliament provide the main sources of statutory authority for the provision of cycle facilities within Scotland:-
(I) The Roads (Scotland) Act 1984,
(ii) The Road Traffic Regulation Act 1984,
(iii) The Town and Country Planning (Scotland) Act 1997 and
(iv) The Countryside (Scotland) Act 1967.
A1.3 The key aspects in relation to the provision of cycling facilities are detailed in the following sections.
A1.4 The Roads (Scotland) Act 1984:
A1.5 In Section 151 of the Roads (Scotland) Act 1984 the following terms are defined and apply to all roads in Scotland:-
A1.6 "public road" means a road which a Roads Authority has a duty to maintain.
A1.7 "road" means subject to Section 151(3) of the Roads (Scotland) Act 1984, any way (other than a waterway) over which there is a public right of passage (by whatever means) and includes the road’s verge, and any bridge (whether permanent or temporary) over which or tunnel through which, the road passes; and any reference to a road includes a part thereof.
A1.8 The parts of the road which are defined are:-
A1.9 "footway" the right of passage by foot only where it is associated with a carriageway.
A1.10 "footpath" the right of passage by foot only where it is not associated with a carriageway.
A1.11 "cycle track" the right of passage by pedal cycle only or by pedal cycle and foot only.
A1.12 "carriageway" the right of passage by vehicle and pedal cycles.
A1.13 The Secretary of State for Scotland is the Road Authority for Trunk Roads; Local Authorities are local Roads Authorities for all public-non-trunk roads. Section 4 sets out the circumstances where they may act as agents for the Secretary of State for any of his functions. Local Authorities are responsible for the cleansing of all public roads other than Special Roads or Trunk Roads (although by agreement they may cleanse Trunk Roads as agents for the Secretary of State for Scotland).
A1.14 Section 20 gives power for local Roads Authorities to construct new roads, which by definition includes new cycle tracks. Upon completion they are entered on the List of Public Roads with the appropriate description.
A1.15 Section 25 gives powers for the provision of footways.
A1.16 Section 26 gives powers for the provision of pedestrian subways and footbridges and their lighting, maintenance etc.
A1.17 Section 28 covers the provision of raised paving, barriers, walls etc. between footways, footpaths, cycle tracks, or carriageways, or on a cycle track so as to segregate users.
A1.18 Section 31 covers the provision for drains, Section 35 the provision of lighting and Section 54 the provision of refuse bins. Section 48 enables a Roads Authority to enter into an agreement for contribution by other persons for the provision or improvement of a road (including footpaths and cycle tracks).
A1.19 Section 64 permits vehicles to be used on cycle tracks to construct, improve, maintain or cleanse them. Statutory undertakers require consent from the Roads Authority. Vehicles operated by the emergency services do not have explicit authority under this Act to use cycle tracks.
A1.20 Section 68 gives powers for the stopping up of roads, but there may be a reservation of a means of passage along the road to be stopped up for pedestrians, cyclists, or both, plus the usual safeguards for statutory undertakers. Unopposed Orders promoted under this Section can be made by the Road Authority.
A1.21 Section 71 gives information on the procedure in cases where there are objections to the Order and these are not withdrawn. The regulation referred to in the section of the Act are the Stopping Up of Roads and Private Accesses and the Re-determination to Public Rights of Passage (Procedure) (Scotland) Regs 1986 (No. 252(S.16)).
A1.22 Sections 83-95 deal with obstructions, deposits or other dangers on or beside the road, and their removal or alleviation.
A1.23 Section 100 states that it is an offence to paint, inscribe or affix anything on the surface of a road, or upon trees, traffic signs, milestones etc. without lawful authority or reasonable excuse.
A1.24 Sections 103-119 cover the acquisition of land, either by agreement or by CPO.
A1.25 Section 120 reminds anyone proposing or executing works in a road to have regard to the needs of disabled or blind persons.
A1.26 Section 129 lists various offences, including at Sub-Section (5), driving, riding, leading etc. vehicles, horses, cattle, etc. along footways, footpaths, or cycle tracks. They may however be taken across such routes, and pedal cycles may be used on cycle tracks. Sub-Section (6) makes it an offence to park a motor vehicle wholly or partly on a cycle track.
A1.27 Section 151 - Pedal Cycle Definition.
A1.28 Section 151(3) explains that the powers and duties in the Roads (Scotland) Act 1984 do not apply to public paths erected under Section 30 of the Countryside (Scotland) Act 1967 or to long distance routes approved by the Secretary of State under Section 40(1) of the 1967 Act.
A1.29 Section 152(2) in conjunction with Section 1(1) gives powers to re-determine the means of exercise of public right of passage along a public road or any part thereof. This can be used to convert a footway or footpath on the List of Public Roads, for example to a cycle track.
A1.30 Footpaths not on the List of Public Roads e.g. those created under Section 30 of the Countryside (Scotland) Act 1967, or part of a long distance route approved under Section 40 (1) of that Act, or forming part of land owned, or managed, and used by Local Authorities for recreational, sporting or cultural activities may be converted for shared use by cyclists under other legislation. (See below).
A1.31 Road Traffic Regulation Act 1984:
A1.32 This Act covers Traffic Regulation Orders (TROs), Parking Place Orders (including the provision of stands and racks for bicycles), compulsory purchase powers and traffic signs. Road Authorities may make TROs to prohibit, restrict or regulate the use of a road by traffic or any class of traffic (including pedestrians).
A1.33Section 122 imposes a duty upon Local Authorities to secure the expeditious, convenient and safe movement of vehicular and other traffic, and the provision of suitable and adequate parking facilities on and off the road.
A1.34 TROs are subject to the procedures prescribed in the Local Authorities’ Traffic Orders (Procedure) (Scotland) Regulations 187 (SI 1987/2245).
A1.35 Section 1 allows traffic authorities to make TRO which include prohibiting any class or classes of traffic from roads, or parts of roads, either generally or at specific times. Such an order could be used, for example, to create a traffic-free area for pedestrians only or, if the Local Road Authority thought it appropriate, for pedestrians and cyclists.
A1.36 Section 9 allows authorities to make Experimental TROs. Such Experimental Orders are limited to a maximum period of 18 months.
A1.37 A TRO could also provide for with-flow or contra-flow cycle lanes in carriageways. For safety reasons a contra-flow lane should prohibit waiting, including loading and unloading, at all times on the side of the carriageway containing the cycle lane. A width-flow order should prohibit all waiting, except that loading and unloading may be permitted outside the working day.
A1.38The effect of a cycle lane order will be to prohibit, during the hours specified in that order, the use of that lane by certain classes of traffic. If access, by vehicles of any class, to premises situated adjacent to any road is prevented for a period in excess of 8 hours in any 24, the order will require the consent of the Secretary of State (Paragraph 13(1)(a) of Part II of Schedule 9) unless no relevant objections are made or, having been made, are withdrawn (Paragraphs 13(2) and (3) of Part II of Schedule 9).
A1.39Part IV of the Act enables Local Authorities to provide off-street parking places for vehicles, and by Order to authorise the use of any part of a road as a parking place. These powers are extended by Section 63 of the Act to enable Local Authorities to provide, in roads or elsewhere, standards for racks for bicycles.
A1.40 Sections 64 and 65 of the Act contain general provisions regarding traffic signs, including traffic signals and tactile markings. Traffic signs should comply with the current Traffic Signs Regulations and General Directions, or be specially authorised on behalf of the Secretary of State.
A1.41 Section 92 gives Road Authorities powers to erect bollards and other obstructions, to give effect to a TRO made under Sections 1, 6 or 9 of this Act.
A1.42 Town and Country Planning (Scotland) Act 1997:
A1.43 This act provides powers for planning authorities. Advice on the form and content of Local plans and Structure plans is issued by the Secretary of State for Scotland together with National Planning Guidelines for policy guidance on key national planning issues.
A1.44 Sections 202 and 207 covers the stopping up or diversion of roads (except Trunk and Special Roads) to enable development to be carried out in accordance with planning permission granted over part of the affected road.
A1.45 Section 208 covers the stopping up or diversion of footpaths and bridleways.
A1.46 Section 203 covers the extinguishment of the right of vehicles to use a road, i.e. the conversion of a road to a footpath or bridleway. Access rights and specified vehicles e.g. cycles can be exempt.
A1.47 Section 205 gives provision for pedestrianisation schemes (which may exempt cyclists, access vehicles, statutory undertakings etc.).
A1.48 Countryside (Scotland) Act 1967:
A1.49 This Act gives powers to Local Authorities to provide recreation facilities in the countryside and enables Scottish Natural Heritage (SNH) through the Natural Heritage (Scotland) Act 1991 to assist authorities and others by grant.
A1.50 Under the terms of Section 47 of the Countryside (Scotland) Act 1967, a ‘footpath’ is defined as a right of way for the public to use on foot with or without a right of way on pedal cycles. In some cases it may be at the local planning authority’s discretion to decide whether or not cycling is allowed.
A1.51 A ‘bridleway’ is defined as a right of way for the public to use on foot, horseback, or leading a horse, with or without a right to drive other animals along the way. "Horse" includes pony etc. This would indicate that cycling along a bridleway is not permitted.
A1.52 Sections 13 and 14 provide for planning authorities to enter into Access Agreements or Access Orders. These have been used in the establishment of pedestrian/cycle routes using tracks and land owned by the landowner.
A1.53 Sections 30 and 31 gives local planning authorities powers to create public paths by agreement or by Order. These powers include a discretion to allow cyclists to use the public path.
A1.54Sections 34 and 35 cover the closure and diversion of public paths.
A1.55 Section 39 enables SNH to propose long distance routes being an extensive journey on foot, on pedal cycle, or on horseback which for the whole of greater part of its length does not pass along roads mainly used by vehicles.
A1.56 Section 45 of the Countryside (Scotland) Act 1967 gives powers for planning authorities to authorise the installation of stiles and gates on a public right of way, and to impose conditions on their maintenance.
A1.57 Section 46 covers the installation of guide posts and direction notices on public rights of way which are not public roads. Planning authorities also have a duty to keep public rights of way open and free from obstruction and can repair or maintain those which are not roads or footways.
Legal Considerations and General Advice
A1.58 Providing Cycle Facilities in Parks:
A1.59 The status of footpaths in certain parks, and the ability to convert them to cycle use, may be determined by local or private Acts of Parliament. Local park bye-laws may also be applicable.
A1.60 Order Making:
A1.61 The 3 most common orders made in respect of cycling facilities are:-
(I) Traffic Regulation Orders;
(ii) Orders extinguishing vehicular rights over a road (establishmnent of pedestrian zones);
(iii) Footpath Conversion Orders.
A1.62 Traffic Regulation Orders (TRO’s):
A1.63 TRO’s are used in connection with cycle lanes to control waiting and loading to restrict use by motor vehicles. For width-flow and contra-flow bus/cycle lanes, TRO’s are required to restrict entry to roads and to eliminate conflicting movements at cycle crossings and pedestrian/cycle crossings.
A1.64 Parking Place Orders, made by the Local Authority using the procedures contained in The Local Road Authorities’ Traffic Orders (Procedure) (Scotland) Regulations 1987 (SE 1987/2245) may be needed to remove parking places when a change is made to provide a cycle lane. Parking Place Orders may also be used to provide bicycle parking facilities. Experimental Orders are covered by these Regs.
A1.65 Orders Extinguishing Vehicular Rights:
A1.66 Orders made under Section 203 of the Town and Country Planning (Scotland) Act 1997 to restrict or exclude vehicles from a road can exempt cyclists. If cyclists’ access is being restricted, then in common with any other vehicle restrictions, it may be desirable to promote a TRO so that it is an offence to contravene the restriction.
A1.67 Conversion of Footways and Footpaths:
A1.68 Under the terms of the Town and Country Planning (Scotland) Act 1997 Local Authorities can convert all or part of a footpath to a cycle track by:-
(I) Obtaining planning permission for a new cycle track.
(ii) Making a Stopping-up Order under Section 208 of the 1997 Act on all, or part of the footpath.
A1.69 A Compulsory Purchase Order (CPO) may be required if the Local Authority does not own the footpath solum.
A1.70 Under the terms of the Roads (Scotland) Act 1984 the procedure to convert all, or part, of a footway or footpath to a cycle track involves an Order made in terms of the "Stopping Up of Roads and Private Accesses and Re-determination of Public Rights of Way (Procedure) (Scotland) Regulations 1986" (SE No 252(S.16)).
A1.71 A Road Authority can make and confirm such an Order under Section 152(2) of the Roads (Scotland) Act 1984 if there are no unwithdrawn objections. If an Order made by a Road Authority is opposed and the objections are not withdrawn, it has to be submitted to the Secretary of State for confirmation. With confirmed Orders the Road Authority is then empowered to carry out any works needed to give effect to such Orders, and the works are considered to have planning permission.
A1.72 Conversion of Pedestrian Subways & Footbridges:
A1.73 The procedure for converting pedestrian subways or footbridges to shared use is the same as that used for a footpath or footway.
A1.74 Other Orders:
A1.75 Compulsory land acquisition may be necessary to provide cycle facilities. Compulsory Purchase Orders can be made under the Roads (Scotland) Act 1984 and the Town and Country Planning (Scotland) Act 1997. Orders made by a Local Authority have to be confirmed by the Secretary of State. A public local inquiry may have to be held depending on the nature of objection lodged against any such Orders.
< Previous | Contents | Next >
The information contained on this WWW site is Crown Copyright but may be reproduced without formal permission or charge for personal or in-house use. Privacy and Content Disclaimer.
For general enquiries about this web site email ceu@scotland.gov.uk or fill out our online questionnaire.
