I am familiar with the provisions of the Roads (Scotland) Act 1984 (and the similar Highways Act 1980 in England and Wales – which does contain
subtle but important differences!), the Road Traffic Regulation Act 1984, and all other major applicable legislation. I can advise on all issues
of traffic regulation, road adoption, road closures and other highway legal issues such as responsibility for maintenance, etc.
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The legislation surrounding road traffic is extensive, and a potential minefield for the unwary. The relevant Acts and accompanying Statutory
Instruments set out precise procedures which must be followed, if legislation is not to be challenged or rendered unenforceable.
For example, Councils as Roads or Highway Authorities have powers under the Road Traffic Regulation Act to introduce Traffic Regulation Orders
to control or manage traffic or parking on roads in their area. The procedure for making those Orders is set out very precisely, and if those are
not followed, the whole Order process may be called into question, with implications on costs and delays.
Similarly, even if the Order is properly made, enforcement may be difficult if signing and road markings do not comply precisely with the requirements
of the Traffic Signs Manual and the Traffic Signs Regulations and Directions 2002: yet it is surprising, on close inspection, how many waiting
restrictions in town and city centres, for example, do not comply and are therefore, strictly speaking, unenforceable.
I have extensive experience in the field of road traffic legislation. As long ago as 1981, I was responsible for one of the first
pedestrianisation schemes in Edinburgh from design through the process of promoting the necessary Orders. I was also responsible for the Orders
and comprehensive schedules for the Edinburgh Greenways, which revoked all previous restrictions on 5 major routes, and simultaneously introduced
new stopping and loading restrictions, bus lanes, prohibited turns, etc. I have also previously advised BAA on the introduction of consolidated
waiting restrictions at Glasgow Airport, and also on the implementation of one of the first 20mph speed restrictions on the airport terminal forecourt.
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