XN000022-1985-02-14 — Page 3

THURSDAY, FEBRUARY 14, 1985

WORKING GROUP ON ROADS SUBMITS REPORT

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THE EXECUTIVE COUNCIL HAD AGREED IN PRINCIPLE TO THE PRELIMINARY CONCLUSIONS REACHED BY AN INTERDEPARTMENTAL WORKING GROUP ON ROADS, THE ASSISTANT TO THE ATTORNEY GENERAL, MR WILLIAM MARSHALL, SAID TODAY.

THE GROUP (WHICH HE HAD CHAIRED) HAD BEEN SET UP IN SEPTEMBER LAST YEAR AT THE GOVERNOR'S DIRECTION TO RESOLVE THE UNCERTAINTY WHICH EXISTED REGARDING THE APPLICATION OF THE ROAD TRAFFIC PROVISIONS ON PRIVATE ROADS, HE SAID,

IT WAS NOT ALWAYS CLEAR WHETHER OR NOT THE PROVISIONS OF THE ROAD TRAFFIC ORDINANCE COULD BE ENFORCED WITHIN PRIVATE ESTATES, SINCE THE DEFINITION OF ROAD+ WITHIN THE ROAD TRAFFIC ORDINANCE DEPENDED ON PUBLIC ACCESS.

THE WORKING GROUP HAD VISITED A NUMBER OF PRIVATE AND PUBLIC HOUSING ESTATES AND SPOKEN WITH THE MANAGEMENTS CONCERNED BEFORE FORMULATING THE PRELIMINARY CONCLUSIONS WHICH HAD BEEN PLACED BEFORE THE EXECUTIVE COUNCIL ON TUESDAY.

MR MARSHALL SAID THAT THE MAIN PROPOSAL WAS THAT THOSE PROVISIONS OF THE ROAD TRAFFIC LEGISLATION WHICH RELATED TO SAFETY (INCLUDING INSURANCE, LICENSING AND CONSTRUCTION AND MAINTENANCE OF VEHICLES) SHOULD APPLY TO ALL ROADS IN THE TERRITORY (OTHER THAN INDUSTRIAL AND WORK SITES), WHETHER PUBLIC OR PRIVATE.

THE MANAGEMENT OF PRIVATE ESTATES WOULD BE EMPOWERED TO ENACT BY-LAWS (SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF TRANSPORT) WHICH WOULD ENABLE THEM TO ENFORCE THEIR OWN PARKING RESTRICTIONS AND CONTROL TRAFFIC MOVEMENTS.

MR MARSHALL STRESSED THAT THE POWER TO ENACT BY-LAWS WAS PERMISSIVE AND NOT MANDATORY AND THAT THE PROPOSAL MERELY PROVIDED ESTATE MANAGEMENTS WITH THE MEANS TO OBTAIN AUTHORITY TO CARRY OUT TRAFFIC MANAGEMENT MEASURES THAT MANY ESTATES ALREADY EXERCISED. THE MAIN PURPOSE OF THE PROPOSAL WAS TO ACHIEVE CERTAINTY IN THE LAW AND TO PROVIDE PROTECTION TO MEMBERS OF THE PUBLIC.

THE LAW DRAFTSMAN WOULD SHORTLY BE CONSULTED TO PRODUCE THE NECESSARY DRAFT LEGISLATION AND, ONCE IMPLEMENTED, THE PRESENT DOUBT AS TO THE APPLICATION OF THE LAW WOULD BE REMOVED.

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