Appendix Three: duties, powers, and responsibilities
The various organisations and individuals involved in providing support, advice, authorisation or promoting events have a number of duties, powers and responsibilities. The main ones relating to traffic and roads can be summarised as follows;
Hampshire County Council is the Traffic Authority for roads in Hampshire (except motorways and trunk roads and roads in Southampton and Portsmouth) and has:
duties to maintain roads to ensure safety and minimise disruption.
duties to coordinate all highway activities
powers to authorise signs on the road
powers to license banners bunting and flags on the road
the Traffic Authority will also provide advice to event organisers regarding highway matters.
powers to authorise temporary traffic regulation orders and road closures for some events using the Road Traffic Regulation Act 1984 (Specific agency agreements with all District Councils, except for Gosport Borough Council allow the District Councils to use some of these powers on behalf of Hampshire County Council).
powers to authorise closures for some events using the Town Police Clauses Act 1847.
powers to authorise temporary traffic regulation orders and road closures for events using the Road Traffic Regulation Act 1984 under an agency agreement with the County Council (except for Gosport Borough Council)
general duties to provide advice to event organisers.
primary contact for all events.
duties to prevent crime and disorder
duties to preserve public safety at a public event where there is an imminent or likely threats to life
general duties to provide advice to event organisers
powers to authorise bicycle races and bicycle time trials using “The Cycle Racing on Highways Regulations 1960”
powers to authorise the use of the “STOP” lollipop style signs for cycle races
powers to authorise the use of ‘Police no waiting’ orders as an alternative to a temporary parking restriction order (Event organisers will still have to supply their own signs and cones)
will still maintain a traffic control presence at Remembrance Day events, veterans day events and military funerals. However, the event organiser must still obtain the relevant road closures.
general duties to determine and analyse all foreseeable safety risks associated with the event and take appropriate action to minimise the risks.
general duties to plan and manage an event in such a way as to minimise disruption as much as reasonably practical.
duties to obtain all relevant permission / licenses and authorities required to lawfully hold the event.
General duties to act responsibly on the advice given by the relevant organisers / authorities
It must be noted that, with the exception of the police powers to authorise bicycle races and time trials, no organisation has the power to approve or authorise an event on a highway. The only powers relating to approval or authorisation relate to road closures and, in certain cases, the use of signs and portable traffic signals.
It is the event organiser’s responsibility to ensure the event is safe and causes minimal disruption. The event organiser may be liable to prosecution in the event of an incident resulting from his event. The advice and guidance provided by the police, District Council and Traffic Authority is aimed at minimising the risk of an incident occurring.
Event organisers are encouraged to contact the appropriate local District Council as early as possible to discuss their event.