Marches, parades and static demonstrations: guidance

5: Managing traffic

5.1 Managing traffic

Marches, parades and static demonstrations are very likely to impact upon the flow of road traffic. These impacts, and their specific implications at certain times and in certain places, must be assessed in regard to each particular assembly.

The factors that a local authority must take into account when considering a notification of a march/parade (under section 63(8) of the Civic Government (Scotland) Act 1982) include, among other things, public safety, public order and disruption to the life of the community. Part of this consideration should be the management of road traffic, and the local authority should consider how to mitigate road safety concerns and significant disruption to transport links.

The relevant traffic authority (i.e. the Scottish Ministers for trunk roads, special roads and other roads constructed by them, and the local authority for all other roads in their area) have powers under sections 14 and 16A of the Road Traffic Regulation Act 1984, and under section 62 of the Roads (Scotland) Act 1984, to make temporary traffic regulation orders (TTROs) in connection with the regulation of traffic around a march, parade or demonstration. Police Scotland also have powers to regulate and direct traffic under the legislation referred to in Section 3.4 of this Guidance. The selection of which powers and which approach to traffic regulation is most appropriate will depend on the particular circumstances of the march, parade or demonstration in question. This requires constructive dialogue between Police Scotland, local authorities and traffic authorities to make the most efficient and effective use of the powers available.

Issues relating to traffic management and the most effective way to address them whilst ensuring the safe facilitation of the march/parade can be one of the most complex issues faced by local authorities, traffic authorities and police during the notification process. For this reason, march/parade organisers are very strongly encouraged to submit their notification as soon as is possible and to make themselves available for precursory meetings. For large and complex marches/parades – which will inevitably have a very significant impact on road traffic – such meetings might usefully commence up to twelve months prior to the event.

Decisions on what traffic regulation measures are appropriate must also be taken in accordance with each authority’s obligations under the Human Rights Act 1998 and, in the case of Scottish Ministers as traffic authority, the Scotland Act 1998. The agencies involved in making these decisions - local authorities, traffic authorities and Police Scotland - all recognise the importance of protecting the right to peaceful assembly. However, the right to peaceful assembly is not unlimited and it will sometimes be necessary to impose restrictions on the exercise of that right where that is required in the interests of a democratic society for (among other reasons) the prevention of disorder or crime.

In the context of traffic management, this may mean that it is necessary to require traffic management measures are put in place in connection with a march, parade or assembly. To assist traffic authorities in determining what traffic management measures may be necessary, appropriate and proportionate in order to support the exercise of the right to assembly while also protecting public order and safety, organisers should consider, and be in a position to explain, the essential aspects of their planned event. This might include the significance of the proposed date or time, the rationale for proposing that a particular route is taken or that an event is held at a particular place, and whether the purpose of the event could be achieved by its being held on another day, on another route, or in a different format.

In some cases, such ‘essentials’ will be simple to explain. A Remembrance Day parade, for example, is likely to take place on Remembrance Sunday and involve a service at a war memorial at 11:00. In other cases, the essentials of an event will not be so readily apparent to traffic authorities, local authorities and police. Both the notification form itself and a precursory meeting(s) can be useful in making sure all parties involved in facilitating the event are adequately informed.

Local authorities can then assess the likely effect on public roads if a procession takes place, including the effect on the safety of all those involved, such as road users and spectators. They can then determine if traffic regulation is necessary to maintain safety. If it is necessary then they should consider, in discussion with the traffic authority and Police Scotland, to what extent the traffic regulation powers available should be utilised. Decisions on the road traffic requirements of any march/parade must be tailored to the individual circumstances of the event to ensure they are appropriate and proportionate.

All public bodies have a responsibility to carefully consider how their resources are best used. This makes collaboration between public authorities even more essential. For some marches/parades, depending on their precise circumstances, it may be a more efficient use of limited resources, and less disruptive to the life of the community, for the police to manage traffic using their powers to regulate and direct traffic. In such situations, it may not be reasonable or appropriate to put in place a Temporary Traffic Regulation Order (TTRO). Equally, in other circumstances a TTRO may be a better use of resources and/or a more effective way to manage any risk to public safety.

In 2020, Police Scotland and COSLA jointly prepared a ‘position statement on marches, parades and static demonstrations – road traffic’, outlining key principles, the legal frameworks and practical considerations relating to their facilitation of road traffic management for such events. As this was prepared by Police Scotland and COSLA, it does not form part of this SG guidance, and has therefore not been endorsed by Scottish Ministers. However, all parties to the facilitation process may find the information useful. The document is published on the COSLA website and can be found at: https://www.cosla.gov.uk/__data/assets/pdf_file/0009/43002/COSLA-and-Police-Scotland-Position-Statement-on-Marches,-Parades-and-Static-Demonstrations-Road-Traffic.pdf.

5.2 Recovery of road traffic costs

The regulation of traffic for the facilitation of marches, parades and static demonstrations, including any recovery of costs, is a matter for local authorities and Police Scotland. As outlined in section 5.1 of this guidance, all parties may find the position statement on road traffic management agreed between COSLA and Police Scotland of interest.

Guidance on marches, parades and static demonstrations produced by the Organisation for Security and Co-operation in Europe (OSCE) – of which the United Kingdom is a participating state – has also been produced. As with the COSLA / Police Scotland agreement, the OSCE guidance is not endorsed by the Scottish Government but may be of interest to all parties. On the recovery of costs, including those relating to traffic management and TTROs, it states that the costs of providing adequate security and safety (including policing and traffic management operations) should be fully covered by the public authorities.^[3]

5.3 Practical considerations

March/parade organisers can help to achieve swift consideration of the traffic implications of their assembly by early engagement with their local authority. The minimum notification period is 28 days, but in practice, organisers, particularly where the march/parade is of significant scale, should advise the local authority as early as possible, even if on an informal basis.

While organisers of static demonstrations are not legally required to give notice to the local authority, organisers of such events are also encouraged to contact the local authority as early as possible. Local authorities should include clear and readily findable information about event notification processes on their websites, both in relation to those which require the statutory 28-day notification and those which don’t.

Organisers of static demonstrations can also help with the effective planning for assemblies by identifying their main contact and providing this to their local authority and/or Police Scotland. Using social media can be an effective means of promoting an event, but it can also make it unclear who the organiser is and who is responsible for compliance with any statutory duties.

Local authorities, police, march organisers, traffic authorities (and, where relevant, other public sector bodies such as the Scottish Fire and Rescue Service and the Scottish Ambulance Service) should work together to identify the road traffic implications of marches and parades. Many local authorities already have multi-agency Safety Advisory Groups (SAG) or Event Planning & Operations Groups (EPOG) to coordinate planning for major events. Traffic issues which could be considered include: -

• The scale of the march/parade, number of participants, route, and the time it is likely to occupy specific public roads.
• Routes of any ‘feeder’ parades.
• Road junctions on the march/parade route.
• Pavements - to what extent are they likely to be congested by those watching the event?
• Are counterdemonstrations likely?
• How people plan to get to the starting point of the march/parade, whether by public transport or other arrangements, such as the need for coach parking.
• Arrangements to facilitate dispersal at the end of the march/ parade.
• Diversion routes for traffic or pedestrians who may be restricted by road restrictions.
• Routes to enable emergency services to access incidents.
• The capacity of the organiser to provide effective stewarding.
• Who is to implement control measures, and do they have the required professional expertise to do so?
• The extent of disruption to the life of the community.
• The cumulative impact of road measures in place in an area, whether from other events, planned roads maintenance or works by public utilities.
• The prevailing terror threat and risk and the extent to which road traffic control can protect participants and the general public by supporting measures to ‘target harden’ crowded places^[4]
• Relevant intelligence.

The road traffic control measures which are necessary will depend on the exact circumstances of the march/parade. Key considerations are to facilitate the right of peaceful assembly, to ensure the safety of those marching and of the general public, and to minimise disruption to the community and other road users. Any road traffic regulation measures must be both necessary and proportionate.

For example, in some situations it may be a more efficient use of public resources, and less disruptive to the life of the community, for the police to manage traffic using their powers. This might involve temporarily stopping or diverting traffic at junctions. Similarly, a local authority may be able to alter traffic light phasing or install temporary lights to facilitate a march/parade. Equally, there may be circumstance in which a TTRO would be the most appropriate way to regulate traffic, for example where it is necessary to close a length of road to other traffic for a period of time to allow the march/parade to pass through safely or to regulate the speed of traffic on a length of road. For smaller parades, accepted as less challenging in terms of size or complexity, it is likely that ad-hoc management of traffic by police would be appropriate. TTROs are more likely to be used for larger marches/parades where it is not possible to safely manage traffic on an ad-hoc basis. Where a TTRO is required, it is the responsibility of the traffic authority to put this in place.

If a TTRO is deemed necessary for the safety of march/parade participants and other road users then it can be secured under Section 16A of the Road Traffic Regulation Act 1984. This section provides that a traffic authority may make an order under that section where they are satisfied that traffic on a length of road should be restricted or prohibited for the purpose of facilitating the holding of a relevant event, enabling the public to watch a relevant event or reducing the disruption to traffic likely to be caused by the relevant event. A “relevant event” is defined as any social event, sporting event or entertainment held on a road. Before making an order under this section, the traffic authority must be satisfied that it is not reasonably practicable for the event to be held otherwise than on a road. The authority must also have regard to the safety and convenience of the alternative routes suitable for the traffic affected by the order.

In terms of Section 16(B)(6) of the 1984 Act, only one such TTRO on any given stretch of road within a 12 month period without the further permission of Scottish Ministers and local traffic authorities will factor this requirement into their processes for subsequent orders.

In addition, section 62 of the 1984 Act makes provision enabling a roads authority to make an order restricting or prohibiting traffic where an order cannot be made under section 14 or 16A of the Road Traffic Regulation Act 1984 but the authority consider that such restrictions or prohibitions are required in the interests of public safety or convenience.

5.4 Practical examples

Here we give 5 practical examples of different march/parade scenarios and suggest good practice in decision making, in particular around the issue of traffic management. We highlight issues that should be considered by the local authority, the traffic authority and by police, as well as the event organiser. We hope these hypothetical scenarios provide some further examples of good practice for the reader. However, each march/parade must be looked at on a case-by-case basis, and engagement between local authorities and march/parade organisers at an early stage is vital.

Scenario 1 – The Remembrance Parade

The Location

• The location is a medium sized rural town with a traditional street layout of main roads and side roads feeding into residential and commercial areas.

The Event

• The event is an Armistice Day parade from a church in a residential area to the war memorial in the town centre. The route is a mile long partly along residential roads and partly along the main street. The main street is a traditional layout with a single lane in each direction and adjacent parking.
• The event is on a Sunday morning about 11:00 and is expected to take some 20 minutes. Around 50 participants are expected.

Public authority considerations

• This is a relatively small and short duration mobile event.
• Use of a Temporary Traffic Regulation Order (TTRO would generate disproportionate disruption to the local community, due to the need to implement road closures in advance of the event and the inevitable delay in removing traffic management after the event has passed. There is also the practical challenge of attempting to control traffic egressing side streets.
• In terms of efficient use of public resources and minimising disruption to the local community the most practical solution would be to have the event accompanied by mobile Police Officers.

Organiser considerations

• As this is likely to be an annual event on a predictable day (Remembrance Sunday) the organiser should submit their notification as soon as possible (for example, after the conclusion of the previous year’s event).

Scenario 2 – The Centenary Parade

The Location

• The location is a housing scheme on the outskirts of a large city. The road layout is a traditional mix of main roads/spine roads and more minor residential roads.

The Event

• The event is a centenary parade of a local community organisation, commencing from a local community centre and returning to the same location on a route of 2 miles through the local area. The parade will be on both main roads and residential streets.
• The event is on a Saturday morning about 11:00 with an estimated 100 participants. It is expected to take an hour to complete the full route.

Public authority considerations

• Given the relatively small and mobile nature of the event a static solution in the form of a Temporary Traffic Regulation Order (TTRO) with road closures and diversion routes would not be considered appropriate. This would be impractical in term of managing side road access and would be unduly disruptive to local road users.
• Rather, a mobile policing solution would offer the preferred solution.

Organiser considerations

• It is likely that organisers would be considering this event well in advance of the centenary – it would be helpful, therefore, for the organiser to be in early contact with the local council and to consider putting in a notification as soon as is possible.
• The organiser should discuss with the council and police how stewarding arrangements could be organised, not least since the parade will go through residential areas.

Scenario 3 – The Band Parade

The Location

• The location is a semi urban town of medium size. A main road (single carriageway each way) runs through the town, with a distance of 4 miles from one side of the town to the other.

The Event

• The event is a band parade with an estimated 500 attendees.
• The parade will start in a park on the edge of the town and proceed a distance of some 2 miles along the main road to the town centre where it will disperse.
• The estimated duration of the event is one hour and it is held on a Friday evening.

Public authority considerations

• This is a relatively large event which will impact upon a main road.
• It would be appropriate to implement a Temporary Traffic Regulation Order (TTRO) to divert traffic to alternative routes for the duration of the event.
• Along the 2-mile route of the mobile parade, given the presence of numerous side streets, it is not practical to manage side street traffic via TTROs with closures and diversions. For this reason, it is intended that the band parade is continuous with a mix of parade stewards and a police presence guiding traffic locally and, in particular, preventing egress from side streets.
• This solution is therefore a mix of TTROs and traffic being managed locally by the Police.

Organiser considerations

• Given the likely traffic implications of this parade it is in the interests of its safe facilitation that the organiser notifies the local authority as early as possible – not least since it is likely that the local authority will wish to organise a TTRO.
• Stewarding arrangements will also need careful planning so, again, early engagement with the council and police will help to make this effective for a successful parade.

Scenario 4 – the Big Parade

The Location

• The location is a medium sized town in the central belt. There is a main road running through the town and the roads are otherwise a mix of distributor roads and residential roads. The main road (single carriageway each way) runs generally east to west.

The Event

• The event is a large parade with some 10,000 participants and a similar number of attendees.
• It is held on a Saturday in the summer, and both starts and finishes in a large park on the south side of the main road. The parade will proceed northwards crossing the main road and travel some 3 miles along local roads before returning to again cross the main road and to finish in the park where it will disperse. The estimated time from start to finish is 2 hours.

Public authority considerations

• The safe facilitation of the parade is best managed using a range of solutions.
• Given the significant impact on the main road, TTROs, road closures and a diversion route are appropriate.
• Where the parade moves through residential areas with numerous side streets, traffic is best managed by police, with officers at the front of the parade and periodically along the length of the parade.
• Parade stewards would provide a visible supporting presence also.

Organiser considerations

• This parade will have very significant traffic implications, so in the interests of its safe facilitation the organiser should notify the council as soon as possible – not least since it is highly likely that the council will require to secure a TTRO.
• Stewarding arrangements will also need careful planning so, again, early engagement with the council and police will help to make this effective for a successful parade.

Scenario 5 – The Big Day

The Location

• The location is a large city with a traditional city centre in a grid layout. Suburban districts surround the city centre radiating outwards in all directions.

The Event

• The event is a large annual parade comprising some 10,000 participants with a number of followers.
• Feeder parades begin in suburban areas moving inwards to form a main parade through the City Centre, stopping at the war memorial before moving out of the City Centre and progressing to a large park.
• The event is some 6 hours in duration overall, albeit mobile throughout.

Public authority considerations

• This is a complex, large and long series of events that will require careful planning for its safe facilitation. Disruption to community life will be inevitable and, again, will require substantial planning.
• In terms of traffic issues, and the safety of spectators and/or followers, the parade is best managed using a combination of resources.
• Where the feeder parades move through residential areas with numerous side streets, traffic is best managed by Police Officers at the front of the parade and periodically along the length of the parade. Parade stewards would provide a visible supporting presence also.
• Where the feeder parades then join up and make their way to the war memorial, and thereafter to the large park, the very significant impact on the City Centre means that a Temporary Traffic Regulation Order (TTRO) and road closures are appropriate within a core area around the war memorial and the route to the park adjacent to the city centre. Once dispersed, the road closures can be removed.

Organiser considerations

• This is a very complex large scale annual parade, and as much notice as possible should be given to the local authority.
• Given this is an annual event it would be helpful to begin planning for it more or less immediately after the previous year’s event, and perhaps after the debrief meeting with the local authority and police.
• The parade will have significant and complex traffic implications, in terms of the safety of the participants and the likely large number of spectators. To facilitate this, the local authority will require to organise a TTRO.
• Stewarding arrangements will be complex, both in co-ordination of several feeder parades and in safe entry to, and dispersal from, the large park. Good stewarding will also be crucial along the route of the parade, and close collaboration between the organiser and the police, both in planning and on the day itself, will facilitate this.
• The use of the park for the conclusion and dispersal of the parade will also need careful liaison with the city council, and there may be issues around (for example) providing toilet facilities and dealing with litter. Again, early engagement on these issues is essential.