Welsh TRO defectively made — failure to consult under Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996
All Traffic Regulation Orders in Wales must be made in accordance with the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 (SI 1996/2489). Welsh authorities additionally have to comply with consultation duties under section 6 of the Welsh Language Act 1993 and (where applicable) the Well-being of Future Generations (Wales) Act 2015 s.5. Failure to (a) advertise the proposed TRO bilingually, (b) consult the chief officer of police, the Welsh Language Commissioner where signage is at issue, or community councils as required, or (c) consider sustainable development, can render the TRO void.
Legal basis
Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 (SI 1996/2489) regs 6–14; Road Traffic Regulation Act 1984 ss.1–3; Welsh Language Act 1993 s.6; Well-being of Future Generations (Wales) Act 2015 s.5
How to identify this in your case
Request the TRO and the consultation file (Subject Access / Freedom of Information). Look for missing bilingual notice in local press, missing community council consultation, or missing sustainable-development assessment.
Sample appeal wording
Dear Sir/Madam, Re: PCN [PCN_NUMBER] — Vehicle [VRM] — [LOCATION], [DATE] I formally challenge this PCN on the ground that the Traffic Regulation Order ('TRO') purportedly creating the restriction is not validly made. 1. The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 require, inter alia, (i) publication of a notice of proposals in at least one newspaper circulating in the area (reg 7), (ii) deposit of documents for inspection (reg 8), and (iii) consideration of all objections received (reg 13). 2. In Wales, those steps must be carried out bilingually pursuant to section 6 of the Welsh Language Act 1993 and the Council's Welsh Language Scheme / Standards. The Council is also bound by section 5 of the Well-being of Future Generations (Wales) Act 2015 to apply the sustainable development principle to its functions, including the making of TROs. 3. I have requested copies of the TRO consultation file (request reference [FOI_REF]). The file shows that [SPECIFY DEFECT — e.g. no Welsh-language press notice was placed; no consultation with [COMMUNITY COUNCIL]; no sustainable development assessment]. 4. Under R (Whitley Parish Council) v North Yorkshire CC and consistent Welsh case-law, a material breach of the procedural regulations renders a TRO ultra vires. The contravention cannot be made out where the TRO is void. Please cancel the PCN. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- legislation.gov.uk/uksi/1996/2489
- legislation.gov.uk/ukpga/1984/27
- legislation.gov.uk/anaw/2015/2