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Part IE+W+S+N.I. Principal Road Safety Provisions

Annotations:

Modifications etc. (not altering text)

Directions to traffic and to pedestrians and traffic signsE+W+S

35 Drivers to comply with traffic directions.E+W+S

(1)Where a constable [F1or traffic officer] is for the time being engaged in the regulation of traffic in a road, a person driving or propelling a vehicle who neglects or refuses—

(a)to stop the vehicle, or

(b)to make it proceed in, or keep to, a particular line of traffic,

when directed to do so by the constable in the execution of his duty [F2or the traffic officer (as the case may be)] is guilty of an offence.

(2)Where—

(a)a traffic survey of any description is being carried out on or in the vicinity of a road, and

(b)a constable [F3or traffic officer] gives to a person driving or propelling a vehicle a direction—

(i)to stop the vehicle,

(ii)to make it proceed in, or keep to, a particular line of traffic, or

(iii)to proceed to a particular point on or near the road on which the vehicle is being driven or propelled,

being a direction given for the purposes of the survey (but not a direction requiring any person to provide any information for the purposes of a traffic survey),

the person is guilty of an offence if he neglects or refuses to comply with the direction.

(3)The power to give such a direction as is referred to in subsection (2) above for the purposes of a traffic survey shall be so exercised as not to cause any unreasonable delay to a person who indicates that he is unwilling to provide any information for the purposes of the survey.

Annotations:

Amendments (Textual)

F1Words in s. 35(1) inserted (E.W.) (4.10.2004 for E. and 1.5.2009 for W.) by Traffic Management Act 2004 (c. 18), ss. 6(2)(a)(i), 99 (with s. 38); S.I. 2004/2380, art. 2(a); S.I. 2009/1095, art. 2

F2Words in s. 35(1) inserted (E.W.) (4.10.2004 for E. and 1.5.2009 for W.) by Traffic Management Act 2004 (c. 18), ss. 6(2)(a)(ii), 99 (with s. 38); S.I. 2004/2380, art. 2(a); S.I. 2009/1095, art. 2

F3Words in s. 35(2)(b) inserted (E.W.) (4.10.2004 for E. and 1.5.2009 for W.) by Traffic Management Act 2004 (c. 18), ss. 6(2)(b), 99 (with s. 38); S.I. 2004/2380, art. 2(a); S.I. 2009/1095, art. 2

Modifications etc. (not altering text)

F436 Drivers to comply with traffic signs.E+W+S

(1)Where a traffic sign, being a sign—

(a)of the prescribed size, colour and type, or

(b)of another character authorised by the [F5national authority] under the provisions in that behalf of the M1Road Traffic Regulation Act 1984,

has been lawfully placed on or near a road, a person driving or propelling a vehicle who fails to comply with the indication given by the sign is guilty of an offence.

(2)A traffic sign shall not be treated for the purposes of this section as having been lawfully placed unless either—

(a)the indication given by the sign is an indication of a statutory prohibition, restriction or requirement, or

(b)it is expressly provided by or under any provision of the Traffic Acts that this section shall apply to the sign or to signs of a type of which the sign is one;

and, where the indication mentioned in paragraph (a) of this subsection is of the general nature only of the prohibition, restriction or requirement to which the sign relates, a person shall not be convicted of failure to comply with the indication unless he has failed to comply with the prohibition, restriction or requirement to which the sign relates.

(3)For the purposes of this section a traffic sign placed on or near a road shall be deemed—

(a)to be of the prescribed size, colour and type, or of another character authorised by the [F6national authority] under the provisions in that behalf of the Road Traffic Regulation Act 1984, and

(b)(subject to subsection (2) above) to have been lawfully so placed,

unless the contrary is proved.

(4)Where a traffic survey of any description is being carried out on or in the vicinity of a road, this section applies to a traffic sign by which a direction is given—

(a)to stop a vehicle,

(b)to make it proceed in, or keep to, a particular line of traffic, or

(c)to proceed to a particular point on or near the road on which the vehicle is being driven or propelled,

being a direction given for the purposes of the survey (but not a direction requiring any person to provide any information for the purposes of the survey).

(5)Regulations made by [F7the [F8national authority]] may specify any traffic sign for the purposes of column 5 of the entry in Schedule 2 to the M2Road Traffic Offenders Act 1988 relating to offences under this section (offences committed by failing to comply with certain signs involve discretionary disqualification).

[F9(6)Before making regulations under subsection (5) the Secretary of State must consult with the Scottish Ministers.

(7)Before making regulations under subsection (5) the Scottish Ministers must consult with the Secretary of State.

(8)In this section “national authority” has the meaning given by section 142(1) of the Road Traffic Regulation Act 1984.]

Annotations:

Amendments (Textual)

F4By Traffic Management Act 2004 (c. 18), ss. 98, 99, Sch. 12 Pt. 1; S.I. 2004/2380, art. 2(a); S.I. 2009/1095, {art. 2:} it is provided (4.10.2004 for E. and 1.5.2009 for W) that s. 36(1A) is repealed.

F5Words in s. 36(1)(b) substituted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 41(21), 72(7) (with Sch. 2 paras. 34(2), 35(2))

F6Words in s. 36(3)(a) substituted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 41(21), 72(7) (with Sch. 2 paras. 34(2), 35(2))

F7Words in s. 36(5) substituted (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. para. 10

F8Words in s. 36(5) substituted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 41(22), 72(7) (with Sch. 2 paras. 34(2), 35(2))

F9S. 36(6)-(8) inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 41(23), 72(7) (with Sch. 2 paras. 34(2), 35(2))

Modifications etc. (not altering text)

C4S. 36 applied (with modifications) (30.12.2003) by London Local Authorities and Transport for London Act 2003 (c. iii), s. 7(4)

C7S. 36 applied (with modifications) (29.3.1993) by 1993 c. iv, ss. 25(1)(b)(3), 26(1)(b)(3) (with ss. 36, 41(5), 44(1))

S. 36 applied (12.8.1994) by S.I. 1994/1519, reg. 10(1) (which S.I. 1994/1519 is revoked (31.1.2003) by S.I. 2002/3113, reg. 2)

S. 36 applied (S.) (4.1.1995) by 1994 c. 39, s. 150(2); S.I. 1994/2850, art. 3(a), Sch. 2

S. 36 applied (1.3.1998) by S.I. 1997/3053, reg. 4(2)

S. 36 applied (31.1.2003) by S.I. 2002/3113, reg. 10(1)

S. 36 applied by Police Reform Act 2002 (c. 30), Sch. 4 para. 13A(2) (as inserted (E.W.) (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 122(7), 178, Sch. 8 para. 11; S.I. 2005/1521, art. 3(1) (subject to art. 3(4)(5)))

C8S. 36(1) excluded (S.) (18.11.2003) by Road Traffic Act 1991 (c. 40), Sch. 3 para. 2(4) (as inserted by The Road Traffic Act 1991 (Special Parking Area) (Scotland) Order 2003 (S.S.I 2003/508), {art. 2})

C9S. 36(5): transfer of certain functions (1.7.1999) by S.I. 1999/672, arts. 1, 2, Sch. 1

S. 36(5): transfer of functions (27.12.1999) by S.I. 1999/3143, art. 2(2)

S. 36(5) amended (1.7.1999) by S.I. 1999/1750, arts. 1(1), 4, Sch. 3 (with art. 7); S.I. 1998/3178, art. 3

Marginal Citations

37 Directions to pedestrians.E+W+S

Where a constable in uniform [F10or traffic officer] is for the time being engaged in the regulation of vehicular traffic in a road, a person on foot who proceeds across or along the carriageway in contravention of a direction to stop given by the constable in the execution of his duty [F11or the traffic officer (as the case may be)], either to persons on foot or to persons on foot and other traffic, is guilty of an offence.