Despite drawing Peterborough City Council (PCC) attention to failings in their PSPOs it appears that they require further information to do the right thing and revoke all their PSPOs that unlawfully restrict access to the Highway. I am happy to assist.
- Road Traffic Regulation Act 1984
I refer PCC to the Road Traffic Regulation Act 1984 – 64 – 1 which states:
“In this Act “traffic sign” means any object or device (whether fixed or portable) for conveying, to traffic on roads or any specified class of traffic, warnings, information, requirements, restrictions or prohibitions of any description“
As the PSPO bans cyclists, this is clearly a “restriction or prohibitions of any description“
It appears PCC has got it wrong.
All traffic signs on the Highway must be contained in the Traffic Signs Regulations and General Directions 2016. The Peterborough PSPO signage is not.
- Anti-social Behaviour, Crime and Policing Act 2014
The Anti-social Behaviour, Crime and Policing Act 2014 – 65 – 1 states:
” A public spaces protection order may not restrict the public right of way over a highway.”
The PSPO restricts the public right of way over a highway. The PSPO should never have been introduced. Looks like PCC are wrong again.
I have requested PCC to undertake a complaint review.
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