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Transport Act 1978 is up to date with all changes known to be in force on or before 29 July 2016. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
1—4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W+S
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3E+W+S
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4E+W+S
7(1)(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5E+W+S
Modifications etc. (not altering text)
8In section 1 (stopping and checking foreign vehicles for mechanical defect, overload, etc.), after subsection (5) insert—E+W+S
“(6)In the case of a goods vehicle—
(a) a prohibition under subsection 2(b) above, by reference to a supposed contravention of—
(i)section 40 of the Road Traffic Act 1972 (construction, weight, equipment etc. of moter vehicles and trailers),
(ii)any of sections 68 to 73 and 76 to 79 of that Act (lights, overhanging or projecting load, etc.), or
(iii)regulations under any of the sections of that Act referred to above in this paragraph,
may be imposed with a direction making it irremovable unles and until the vehicle has been inspected at an official testing station;
(b)a prohibition imposed under subsection (3) above may be against driving the vehicle on a road until the weight has been reduced and official notification has been given to whoever is for the time being in charge of the vehicle that it is permitted to proceed.
(7)Official notification for the purposes of subsection (6)(b) above must be in writing and be given by an authorised person and may be withheld until the vehicle has been weighed or re-weighed in order to satisfy the person giving the notification that the weight has been sufficiently reduced.”
9In section 2 (enforcement etc. of prohibitions under section 1 of the Act), after subsection (3) insert—E+W+S
“(3A)If the prohibition under section 1 of this Act has been imposed with a direction under subsection (6)(a) of that section, the prohibition shall not then be removed under subsection (3) above unless and until the vehicle has been inspected at an official testing station.
(3B)In the case of vehicles brought to an official testing station for inspection with a view to removal of a prohibition, section 58(5A) of the Road Traffic Act 1972 (fees for inspection) applies.”
10In section 7(1) (interpretation) after the definition of “goods vehicle” insert—E+W+S
““official testing station” means a testing station maintained by the Secretary of State under section 58(5) of the Road Traffic Act 1972”.
Modifications etc. (not altering text)
|Chapter||Title||Extent of repeal|
|1967 c. 76.||Road Traffic Regulation Act 1967.||In Schedule 6, the amendment of section 135(2) of the Road Traffic Act 1960.|
|1968 c. 73.||Transport Act 1968.|
In section 30(1)(a), the words from “by means of vehicles” to “passengers”.
In paragraph 3 of Schedule 2, the words from “but no order” onwards.
|1969 c. 35.||Transport (London) Act 1969.||In section 24(4), paragraph (a).|
|1972 c. 20.||Road Traffic Act 1972.||In section 57(7), the word “and” at the end of paragraph (a), and paragraph (b).|
|1972 c. 70.||Local Government Act 1972.||Section 203.|
|1973 c. 65.||Local Government (Scotland) Act 1973.||In Schedule 18, paragraph 31.|
|1974 c. 7.||Local Government Act 1974.||In section 6(1), the word “and” at the end of paragraph (c).|
|1977 c. 25.||Minibus Act 1977.||Section 1(5).|
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