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Road Traffic Act 1974

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This is the original version (as it was originally enacted).

9Extension of construction and use regulations to lights

(1)Regulations under section 40 of the 1972 Act (construction and use of motor vehicles and trailers) may make provision in relation to lighting equipment and reflectors as well as other equipment of motor vehicles and trailers and, accordingly, after paragraph (g) of subsection (1) of that section there shall be inserted the following paragraph:—

(gg)lighting equipment and reflectors.

(2)After subsection (2) of section 40 of the 1972 Act there shall be inserted the following subsection:—

(2A)Without prejudice to the generality of subsection (1) above, regulations under this section with respect to lighting equipment and reflectors—

(a)may require that lamps be kept lit at such times and in such circumstances as may be specified in the regulations ; and

(b)may extend, in like manner as to motor vehicles and trailers, to vehicles of any description used on roads, whether or not they are mechanically propelled.

(3)In section 81(2) of the 1972 Act (a person selling etc. a reflector or tail lamp which does not comply with certain prescribed conditions shall be guilty of an offence) for the words " conditions prescribed under sections 68 to 79 of this Act for" there shall be substituted the words

construction and use requirements applicable to.

(4)Notwithstanding the repeal by this Act of any provision of sections 68 to 82 of the 1972 Act relating to the lighting of vehicles—

(a)any instrument made (or having effect as if made) under any of those sections shall have effect on and after the coming into operation of this section as if made, by virtue of the preceding provisions of this section, under section 40 of the 1972 Act and may be varied or revoked accordingly; and

(b)subject to subsection (5) below, any provision contained in an enactment or instrument which is not repealed by this Act and in which any expression is given the same meaning as in, or is otherwise to be construed by reference to, any provision of the said sections 68 to 82 which is repealed by this Act shall continue to be construed as if that provision had not been so repealed.

(5)The Secretary of State may by regulations made by statutory instrument make such amendments as he considers appropriate to take account of the preceding provisions of this section in any enactment or instrument which refers (whether directly or by virtue of the Interpretation Act 1889 or otherwise) to any provision of sections 68 to 82 of the 1972 Act which is repealed by this Act.

(6)A statutory instrument containing regulations under subsection (5) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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