Experimental Traffic Regulation Order Quashed

Central Bedfordshire Council decided to make an experimental traffic regulation order (eTRO) which would have prohibited the use of any motor vehicles on Sandy Lane, Aspley Heath. We represented the Green Lane Association who were concerned about aspects of the eTRO, including (but not limited to) there being no experiment, a lack of consultation, failure to have regard to the traffic authority’s statutory duty, etc. The Council accepted that consultation had been inadequate and consented to the claim, leading to the eTRO being quashed.

Sandy Lane is one of the last green lanes in Central Bedfordshire which enjoyed unrestricted vehicular use. However, the local council decided to issue an experimental traffic regulation order (eTRO) that would last eighteen months. The eTRO prevented use of all mechanically propelled vehicles, excepting emergency services and special forces. The council eventually issued a statement of reasons stating that inappropriate usage of the lane, including antisocial behaviour, fly-tipping and racing had all taken place on the lane and asserted that this use caused damaged road surfaces.

We were instructed to challenge the claim. The pre-action letter raised grounds including: that there was no actual evidence of any experiment taking place. As has been established in past cases an experimental order must be “genuinely experimental in nature” to be lawful. In addition, the required consultation had not been carried out and the Association had not been informed, despite it being clear to the Council that it represented a group that would be affected by the eTRO. The council had also failed to comply with its duty under s.122 of the Road Traffic Regulation Act 1984 to secure the expeditious, convenient and safe movement of traffic. Again, there was no evidence that the Council had considered this duty in the decision-making materials. Finally, the council had failed to comply with its own constitution and the public sector equality duty.

Shortly after the claim was lodged, the Council consented to the eTRO being quashed on the basis that that consultation had been inadequate and that this had prejudiced the Association.