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

Annotations:

Modifications etc. (not altering text)

Stopping on verges, etc., or in dangerous positions, etc.E+W+S

19 Prohibition of parking of HGVs on verges, central reservations and footways.E+W+S

(1)Subject to subsection (2) below, a person who parks a heavy commercial vehicle (as defined in section 20 of this Act) wholly or partly—

(a)on the verge of a road, or

(b)on any land situated between two carriageways and which is not a footway, or

(c)on a footway,

is guilty of an offence.

(2)A person shall not be convicted of an offence under this section in respect of a vehicle if he proves to the satisfaction of the court—

(a)that it was parked in accordance with permission given by a constable in uniform, or

(b)that it was parked in contravention of this section for the purpose of saving life or extinguishing fire or meeting any other like emergency, or

(c)that it was parked in contravention of this section but the conditions specified in subsection (3) below were satisfied.

(3)The conditions mentioned in subsection (2)(c) above are—

(a)that the vehicle was parked on the verge of a road or on a footway for the purpose of loading or unloading, and

(b)that the loading or unloading of the vehicle could not have been satisfactorily performed if it had not been parked on the footway or verge, and

(c)that the vehicle was not left unattended at any time while it was so parked.

(4)In this section “carriageway” and “footway”, in relation to England and Wales, have the same meanings as in the M1Highways Act 1980.

Annotations:

Modifications etc. (not altering text)

Marginal Citations

F119A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F1S. 19A (which was inserted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1) ss. 4, 8(3)(b), Sch. 2 Pt. II para. 22(1)) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch.8; S.I. 1992/1286, art. 2,Sch.

20 Definition of “heavy commercial vehicle” for the purposes of section 19.E+W+S

(1)In section 19 of this Act, “heavy commercial vehicle” means any goods vehicle which has an operating weight exceeding 7.5 tonnes.

(2)The operating weight of a goods vehicle for the purposes of this section is—

(a)in the case of a motor vehicle not drawing a trailer or in the case of a trailer, its maximum laden weight,

(b)in the case of an articulated vehicle, its maximum laden weight (if it has one) and otherwise the aggregate maximum laden weight of all the individual vehicles forming part of that articulated vehicle, and

(c)in the case of a motor vehicle (other than an articulated vehicle) drawing one or more trailers, the aggregate maximum laden weight of the motor vehicle and the trailer or trailers attached to it.

(3)In this section “articulated vehicle” means a motor vehicle with a trailer so attached to it as to be partially superimposed upon it; and references to the maximum laden weight of a vehicle are references to the total laden weight which must not be exceeded in the case of that vehicle if it is to be used in Great Britain without contravening any regulations for the time being in force under section 41 of this Act.

(4)In this section, and in the definition of “goods vehicle” in section 192 of this Act as it applies for the purposes of this section, “trailer” means any vehicle other than a motor vehicle.

(5)The [F2national authority] may by regulations amend subsections (1) and (2) above (whether as originally enacted or as previously amended under this subsection)—

(a)by substituting weights of a different description for any of the weights there mentioned, or

(b)in the case of subsection (1) above, by substituting a weight of a different description or amount, or a weight different both in description and amount, for the weight there mentioned.

(6)Different regulations may be made under subsection (5) above as respects different classes of vehicles or as respects the same class of vehicles in different circumstances and as respects different times of the day or night and as respects different localities.

(7)Regulations under subsection (5) above shall not so amend subsection (1) above that there is any case in which a goods vehicle whose operating weight (ascertained in accordance with subsection (2) above as originally enacted) does not exceed 7.5 tonnes is a heavy commercial vehicle for any of the purposes of section 19 of this Act.

[F3(8)In subsection (5) “national authority”—

(a)in relation to a function so far as exercisable within devolved competence, within the meaning of the Scotland Act 1998, means the Scottish Ministers;

(b)otherwise, means the Secretary of State.

(9)Before making any regulations under subsection (5) in relation to vehicles used on roads in Scotland, the Secretary of State must consult the Scottish Ministers.]

Annotations:

Amendments (Textual)

F2Words in s. 20(5) substituted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 43(3), 72(7)

21 Prohibition of driving or parking on cycle tracks.E+W

(1)Subject to the provisions of this section, any person who, without lawful authority, drives or parks a [F4mechanically propelled] vehicle wholly or partly on a cycle track is guilty of an offence.

(2)A person shall not be convicted of an offence under subsection (1) above with respect to a vehicle if he proves to the satisfaction of the court—

(a)that the vehicle was driven or (as the case may be) parked in contravention of that subsection for the purpose of saving life, or extinguishing fire or meeting any other like emergency, or

(b)that the vehicle was owned or operated by a highway authority or by a person discharging functions on behalf of a highway authority and was driven or (as the case may be) parked in contravention of that subsection in connection with the carrying out by or on behalf of that authority of any of the following, that is, the cleansing, maintenance or improvement of, or the maintenance or alteration of any structure or other work situated in, the cycle track or its verges [F5, or the preventing or removing of obstructions to the cycle track or the preventing or abating in any other way of nuisances or other interferences with the cycle track,], or

(c)that the vehicle was owned or operated by statutory undertakers and was driven or (as the case may be) parked in contravention of that subsection in connection with the carrying out by those undertakers of any works in relation to any apparatus belonging to or used by them for the purpose of their undertaking.

(3)In this section—

(a)cycle track” and other expressions used in this section and in the M2Highways Act 1980 have the same meaning as in that Act,

[F6(aa)in subsection (1) “mechanically propelled vehicle” does not include a vehicle falling within paragraph (a), (b) or (c) of section 189(1) of this Act,]

(b)in subsection (2)(c) above “statutory undertakers” means any body who are statutory undertakers within the meaning of the Highways Act 1980, any sewerage authority within the meaning of that Act or the operator of [F7an electronic communications code network], and in relation to any such sewerage authority “apparatus” includes sewers or sewerage disposal works.

(4)This section does not extend to Scotland.

Annotations:

Amendments (Textual)

F4Words in s. 21(1) substituted (30.1.2001) by 2000 c. 37, ss. 67, 103(2), Sch. 7 para. 4(1)(2)

F5Words in s. 21(2)(b) inserted (1.4.2001 for E. and 1.5.2001 for W.) by 2000 c. 37, ss. 70(4), 103(3); S.I. 2001/114, art. 2(2)(d); S.I. 2001/1410, art. 2(e)

F7Words in s. 21(3)(b) substituted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406(1)(6), 408, 411, Sch. 17 para. 95 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

Modifications etc. (not altering text)

Marginal Citations

22 Leaving vehicles in dangerous positions.E+W+S

If a person in charge of a vehicle causes or permits the vehicle or a trailer drawn by it to remain at rest on a road in such a position or in such condition or in such circumstances as to [F8involve a danger of injury] to other persons using the road, he is guilty of an offence.

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C6S. 22 applied (S.) (21.3.1999) by S.I. 1999/854, art. 3(4)(a)(b)

[F922A Causing danger to road-users.E+W

(1)A person is guilty of an offence if he intentionally and without lawful authority or reasonable cause—

(a)causes anything to be on or over a road, or

(b)interferes with a motor vehicle, trailer or cycle, or

(c)interferes (directly or indirectly) with traffic equipment,

in such circumstances that it would be obvious to a reasonable person that to do so would be dangerous.

(2)In subsection (1) above “dangerous” refers to danger either of injury to any person while on or near a road, or of serious damage to property on or near a road; and in determining for the purposes of that subsection what would be obvious to a reasonable person in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.

(3)In subsection (1) above “traffic equipment” means—

(a)anything lawfully placed on or near a road by a highway authority;

(b)a traffic sign lawfully placed on or near a road by a person other than a highway authority;

(c)any fence, barrier or light lawfully placed on or near a road—

(i)in pursuance of section 174 of the Highways Act 1980, F10. . . or section 65 of the New Roads and Street Works Act 1991 (which provide for guarding, lighting and signing in streets where works are undertaken), or

(ii)by a constable or a person acting under the instructions (whether general or specific) of a chief officer of police.

(4)For the purposes of subsection (3) above anything placed on or near a road shall unless the contrary is proved be deemed to have been lawfully placed there.

(5)In this section “road” does not include a footpath or bridleway.

(6)This section does not extend to Scotland.]