Help Forum

Help requested posted on 1st June 2017:

Traffic Regulation Orders for cycle paths on footways

The traffic signs regulations and general directions require that a traffic regulation order is made for shared and segregated cycle facilities on public footways. Would this also be the case on a purpose built footway where such facilities are provided from the outset? and do many authorities abide to need for an order or do they simply erect the signs, and if so, have you ever been challenged in the absence of an associated traffic order? Thank you in advance for any advice upon this.

Simon Tranter
Derbyshire County Council

Simon Tranter

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Response posted on 2nd June 2017 by:
Mark Foweraker

E: m.foweraker@cardiff.gov.uk
T:

Traffic Regulation Orders for cycle paths on footways

I am away from the office so cannot check the details but after years of doing TROs our PROW Officer (new duties) checked the relevant Acts and Regs and discovered that permitting cycling is a matter of having a (delegated powers) report changing the status of the footway to a shared or segregated footway / cycleway.
However, if you have a cycleway that is segregated and effectively a secondary carriageaway then a TRO prohibiting its use by motor vehicles may be required, as you would for a segregated bus lane.


Response posted on 5th June 2017 by:
John Scruby

E: john.scruby@rotherham.gov.uk
T:

Traffic Regulation Orders for cycle paths on footways

This was the reply from our TRO 'guru'

Yes I believe that if the cycle facilities are built into a Highways scheme from the outset, there is no need for an order to be made. Discussing this in the office we can only think of one time this was challenged and we stated that the facility had been in since it was built therefor it is.

Thanks

Richard


Response posted on 5th June 2017 by:
Andrew Fraser

E: andrew.fraser@falkirk.gov.uk
T:

Traffic Regulation Orders for cycle paths on footways

Slightly puzzled as to why anyone would want to design a shared footway in the first place - surely provision should be made in the carriageway. Safer for all, surely ... ?


Response posted on 5th June 2017 by:
Mark Foweraker

E: m.foweraker@cardiff.gov.uk
T:

Traffic Regulation Orders for cycle paths on footways

Further update from our Officer dealing with these matters...

Very simple process for conversion of any footpath to a Cycle Track.

Where it is adjacent to a carriageway Section 65/66 Highways Act 1980enables the Highway Authority to convert a pavement to a Cycle Track, via an ODR to Director.

Any path not adjacent to a carriageway-adopted/PROW non- adopted can only be legally converted via a Cycle Track Conversion Order 1984 Cycle Act.

New Cycle Tracks from scratch would be created via Section 24, Highways Act 1980.

Clearly you need further reading of the relevant Acts and it is surprising how few people know that all Acts and Regulations are avaliable for free at http://www.legislation.gov.uk/

Enjoy!


Response posted on 6th June 2017 by:
Mark Foweraker

E: m.foweraker@cardiff.gov.uk
T:

Traffic Regulation Orders for cycle paths on footways

Andrew, if the space is avaliable for adequate on road, segregated cycle ways in both directions, then this would be the preferred solution. However this will widen the road corridor by at least 6 metres which is not always (or actually rarely) avaliable.

The alternatives of a pair of 3.5 metre shared footway / cycleways would add 3 metres to the corridor.

A dedicated segregated two way cycleway would add 3.2 to 4 metres depending on the boundary conditions.

And a two way shared footway / cycleway would add about 1.5 to 2.5 metres depending on anticipated use.

For these reasons it is often the case that shared facilities are the choice from the start as developers are not keen on dedicating too much land to transportation.


Response posted on 8th June 2017 by:
Justin Bennett

E: justin.bennett@met.police.uk
T:

Traffic Regulation Orders for cycle paths on footways

A useful publication on the matter is LTN 02-04 titled Adjacent and Shared Use Facilities for Pedestrians and Cyclists. Esp. 10.1 Legal Status on page 29.


Response posted on 22nd June 2017 by:
Mark Foweraker

E: m.foweraker@cardiff.gov.uk
T:

Traffic Regulation Orders for cycle paths on footways

Hi, Justin. I searched for LTN 02-04* and found it easily, but it did not include the all important Appendix B which, at the time the document was prepared, gave the legal processes needed (still probably correct) I finally found Appendix B at... https://archive.li/fBHa0

*this document is officially obsolete having been replaced by later LTN 02/08 Cycle Infrastructure Design that does not include all the same material


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