Summary and Background Traffic
9.The 2006 Act provides for the making of traffic orders – both “permanent” (i.e. planned well in advance) and shorter-term temporary controls – by the ODA and local traffic authorities to regulate traffic to implement the Olympic Transport Plan or to facilitate transport services in connection with the 2012 Games. These powers were based on those that apply in normal circumstances under the Road Traffic Regulation Act 1984 (“the 1984 Act”). In relation to temporary orders, this meant that they were confined to the circumstances in which such orders may be made conventionally: for road works; other danger to road users; and litter clearance. Section 4 provides that temporary orders may be made for Olympic purposes alone. It also empowers traffic authorities to implement temporary controls by notice where necessary or expedient in connection with the 2012 Games – i.e. to address significant sudden and unforeseen circumstances – again following the principles of the 1984 Act.
10.The 2006 Act envisaged that Olympic traffic controls would be enforced under civil procedures and that all relevant legislation under the Traffic Management Act 2004 (“the 2004 Act”) would have been commenced to that end. Only those parts of the 2004 Act concerning parking enforcement are in fact in force. Sections 7 and 8 therefore provide for other existing civil enforcement legislation to be applied (with modifications) to achieve the objectives of the 2006 Act, including in relation to the mechanism for setting penalty charge levels.
11.The 2006 Act provided for temporary “special event” orders under the 1984 Act to be made to facilitate the holding of any London Olympic event (i.e. requiring traffic restrictions other than those covered by the powers in section 14 of the 1984 Act) but it modified those provisions only in relation to complete road closures. Section 6 applies the modified provisions to lesser restrictions also.
12.Finally, the Goods Vehicles (Licensing of Operators) Act 1995 provides for traffic commissioners to issue licences to operators of goods vehicles. Section 9 amends the procedural requirements that would otherwise apply in relation to an application to vary an operator’s licence where the variation is connected with the 2012 Games and where a traffic commissioner is satisfied as to other matters.