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Road Traffic Act 1988

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E+W+S+N.I.

Road Traffic Act 1988

1988 CHAPTER 52

An Act to consolidate certain enactments relating to road traffic with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.

[15th November 1988]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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

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Modifications etc. (not altering text)

Driving offencesE+W+S

[F11 Causing death by dangerous driving.E+W+S

A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.]

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Amendments (Textual)

F1Ss. 1-2A substituted (1.7.1992) for ss. 1-2 by Road Traffic Act 1991 (c. 40, SIF 107:1), s.1; S.I. 1992/1286, art. 2,Sch.

[F22 Dangerous driving.E+W+S

A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.]

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Amendments (Textual)

F2Ss. 1- 2A substituted (1.7.1992) for ss. 1-2 by Road Traffic Act 1991 (c. 40, SIF 107:1), s.1; S.I. 1992/1286, art. 2,Sch.

[F32A Meaning of dangerous driving.E+W+S

(1)For the purposes of sections 1 and 2 above a person is to be regarded as driving dangerously if (and, subject to subsection (2) below, only if)—

(a)the way he drives falls far below what would be expected of a competent and careful driver, and

(b)it would be obvious to a competent and careful driver that driving in that way would be dangerous.

(2)A person is also to be regarded as driving dangerously for the purposes of sections 1 and 2 above if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous.

(3)In subsections (1) and (2) above “dangerous” refers to danger either of injury to any person or of serious damage to property; and in determining for the purposes of those subsections what would be expected of, or obvious to, a competent and careful driver 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.

(4)In determining for the purposes of subsection (2) above the state of a vehicle, regard may be had to anything attached to or carried on or in it and to the manner in which it is attached or carried.]

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Amendments (Textual)

F3Ss. 1 - 2A substituted (1.7.1992) for ss. 1 - 2 by Road Traffic Act 1991 (c. 40, SIF 107:1), s.1; S.I. 1992/1286, art. 2,Sch.

[F42BCausing death by careless, or inconsiderate, drivingE+W+S

A person who causes the death of another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence.]

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Amendments (Textual)

[F53 Careless, and inconsiderate, driving.E+W+S

If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence.]

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Amendments (Textual)

[F63ZAMeaning of careless, or inconsiderate, drivingE+W+S

(1)This section has effect for the purposes of sections 2B and 3 above and section 3A below.

(2)A person is to be regarded as driving without due care and attention if (and only if) the way he drives falls below what would be expected of a competent and careful driver.

(3)In determining for the purposes of subsection (2) above what would be expected of a careful and competent driver 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.

(4)A person is to be regarded as driving without reasonable consideration for other persons only if those persons are inconvenienced by his driving.]

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Amendments (Textual)

F6S. 3ZA inserted (24.9.2007 for certain purposes and otherwise 18.8.2008) by Road Safety Act 2006 (c. 49), ss. 30, 61; S.I. 2007/2472, art. 2(h); S.I. 2008/1918, art. 2

[F73ZBCausing death by driving: unlicensed, disqualified or uninsured driversE+W+S

A person is guilty of an offence under this section if he causes the death of another person by driving a motor vehicle on a road and, at the time when he is driving, the circumstances are such that he is committing an offence under—

(a)section 87(1) of this Act (driving otherwise than in accordance with a licence),

(b)section 103(1)(b) of this Act (driving while disqualified), or

(c)section 143 of this Act (using motor vehicle while uninsured or unsecured against third party risks).]

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Amendments (Textual)

[F83A Causing death by careless driving when under influence of drink or drugs.E+W+S

(1)If a person causes the death of another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, and—

(a)he is, at the time when he is driving, unfit to drive through drink or drugs, or

(b)he has consumed so much alcohol that the proportion of it in his breath, blood or urine at that time exceeds the prescribed limit, or

(c)he is, within 18 hours after that time, required to provide a specimen in pursuance of section 7 of this Act, but without reasonable excuse fails to provide it,[F9 or

(d)he is required by a constable to give his permission for a laboratory test of a specimen of blood taken from him under section 7A of this Act, but without reasonable excuse fails to do so,]

he is guilty of an offence.

(2)For the purposes of this section a person shall be taken to be unfit to drive at any time when his ability to drive properly is impaired.

(3)Subsection (1)(b) [F10, (c) and (d)] above shall not apply in relation to a person driving a mechanically propelled vehicle other than a motor vehicle.]

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Amendments (Textual)

F9S. 3A(1)(d) and preceding word inserted (24.9.2007) by Road Safety Act 2006 (c. 49), ss. 31(2), 61; S.I. 2007/2472, art. 2(i)

Motor vehicles: drink and drugsE+W+S+N.I.

4 Driving, or being in charge, when under influence of drink or drugs.E+W+S

(1)A person who, when driving or attempting to drive a [F11mechanically propelled vehicle] on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.

(2)Without prejudice to subsection (1) above, a person who, when in charge of a [F11mechanically propelled vehicle] which is on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.

(3)For the purposes of subsection (2) above, a person shall be deemed not to have been in charge of a [F11mechanically propelled vehicle] if he proves that at the material time the circumstances were such that there was no likelihood of his driving it so long as he remained unfit to drive through drink or drugs.

(4)The court may, in determining whether there was such a likelihood as is mentioned in subsection (3) above, disregard any injury to him and any damage to the vehicle.

(5)For the purposes of this section, a person shall be taken to be unfit to drive if his ability to drive properly is for the time being impaired.

(6)[F12A constable may arrest a person without warrant if he has reasonable cause to suspect that that person is or has been committing an offence under this section.]

(7)[F12For the purpose of arresting a person under the power conferred by subsection (6) above, a constable may enter (if need be by force) any place where that person is or where the constable, with reasonable cause, suspects him to be.]

(8)F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

5 Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit.E+W+S+N.I.

(1)If a person—

(a)drives or attempts to drive a motor vehicle on a road or other public place, or

(b)is in charge of a motor vehicle on a road or other public place,

after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence.

(2)It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.

(3)The court may, in determining whether there was such a likelihood as is mentioned in subsection (2) above, disregard any injury to him and any damage to the vehicle.

[F136 Power to administer preliminary testsE+W+N.I.

(1)If any of subsections (2) to (5) applies a constable may require a person to co-operate with any one or more preliminary tests administered to the person by that constable or another constable.

(2)This subsection applies if a constable reasonably suspects that the person—

(a)is driving, is attempting to drive or is in charge of a motor vehicle on a road or other public place, and

(b)has alcohol or a drug in his body or is under the influence of a drug.

(3)This subsection applies if a constable reasonably suspects that the person—

(a)has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place while having alcohol or a drug in his body or while unfit to drive because of a drug, and

(b)still has alcohol or a drug in his body or is still under the influence of a drug.

(4)This subsection applies if a constable reasonably suspects that the person—

(a)is or has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place, and

(b)has committed a traffic offence while the vehicle was in motion.

(5)This subsection applies if—

(a)an accident occurs owing to the presence of a motor vehicle on a road or other public place, and

(b)a constable reasonably believes that the person was driving, attempting to drive or in charge of the vehicle at the time of the accident.

(6)A person commits an offence if without reasonable excuse he fails to co-operate with a preliminary test in pursuance of a requirement imposed under this section.

(7)A constable may administer a preliminary test by virtue of any of subsections (2) to (4) only if he is in uniform.

(8)In this section—

(a)a reference to a preliminary test is to any of the tests described in sections 6A to 6C, and

(b)traffic offence” means an offence under—

(i)a provision of Part II of the Public Passenger Vehicles Act 1981 (c. 14),

(ii)a provision of the Road Traffic Regulation Act 1984 (c. 27),

(iii)a provision of the Road Traffic Offenders Act 1988 (c. 53) other than a provision of Part III, or

(iv)a provision of this Act other than a provision of Part V.]

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Amendments (Textual)

F13Ss. 6-6E substituted (29.3.2004 for certain purposes and 30.3.2004 otherwise) for s. 6 by Railways and Transport Safety Act 2003 (c. 20), ss. 107, 120, Sch. 7 para. 1; S.I. 2004/827, art. 2, 3

Modifications etc. (not altering text)

C2S. 6 applied (with modifications) (29.3.2004 for certain purposes and 30.3.2004 otherwise) by Railways and Transport Safety Act 2003 (c. 20), ss. 83(1)(3), 96(1)(3), 120 (with ss. 90, 100); S.I. 2004/827, arts. 2, 3

[F146APreliminary breath testE+W+S+N.I.

(1)A preliminary breath test is a procedure whereby the person to whom the test is administered provides a specimen of breath to be used for the purpose of obtaining, by means of a device of a type approved by the Secretary of State, an indication whether the proportion of alcohol in the person’s breath or blood is likely to exceed the prescribed limit.

(2)A preliminary breath test administered in reliance on section 6(2) to (4) may be administered only at or near the place where the requirement to co-operate with the test is imposed.

(3)A preliminary breath test administered in reliance on section 6(5) may be administered—

(a)at or near the place where the requirement to co-operate with the test is imposed, or

(b)if the constable who imposes the requirement thinks it expedient, at a police station specified by him.

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Amendments (Textual)

F14Ss. 6-6E substituted (29.3.2004 for certain purposes and 30.3.2004 otherwise) for s. 6 by Railways and Transport Safety Act 2003 (c. 20), ss. 107, 120, Sch. 7 para. 1; S.I. 2004/827, arts. 2, 3

Modifications etc. (not altering text)

C3Ss. 6A-6E applied (with modifications) (29.3.2004 for certain purposes and 30.3.2004 otherwise) by Railways and Transport Safety Act 2003 (c. 20), ss. 83(1)(3), 96(1)(3), 120 (with ss. 90, 100); S.I. 2004/827, arts. 2, 3

6BPreliminary impairment testE+W+S+N.I.

(1)A preliminary impairment test is a procedure whereby the constable administering the test—

(a)observes the person to whom the test is administered in his performance of tasks specified by the constable, and

(b)makes such other observations of the person’s physical state as the constable thinks expedient.

(2)The Secretary of State shall issue (and may from time to time revise) a code of practice about—

(a)the kind of task that may be specified for the purpose of a preliminary impairment test,

(b)the kind of observation of physical state that may be made in the course of a preliminary impairment test,

(c)the manner in which a preliminary impairment test should be administered, and

(d)the inferences that may be drawn from observations made in the course of a preliminary impairment test.

(3)In issuing or revising the code of practice the Secretary of State shall aim to ensure that a preliminary impairment test is designed to indicate—

(a)whether a person is unfit to drive, and

(b)if he is, whether or not his unfitness is likely to be due to drink or drugs.

(4)A preliminary impairment test may be administered—

(a)at or near the place where the requirement to co-operate with the test is imposed, or

(b)if the constable who imposes the requirement thinks it expedient, at a police station specified by him.

(5)A constable administering a preliminary impairment test shall have regard to the code of practice under this section.

(6)A constable may administer a preliminary impairment test only if he is approved for that purpose by the chief officer of the police force to which he belongs.

(7)A code of practice under this section may include provision about—

(a)the giving of approval under subsection (6), and

(b)in particular, the kind of training that a constable should have undergone, or the kind of qualification that a constable should possess, before being approved under that subsection.

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Amendments (Textual)

F14Ss. 6-6E substituted (29.3.2004 for certain purposes and 30.3.2004 otherwise) for s. 6 by Railways and Transport Safety Act 2003 (c. 20), ss. 107, 120, Sch. 7 para. 1; S.I. 2004/827, arts. 2, 3

Modifications etc. (not altering text)

C4Ss. 6A-6E applied (with modifications) (29.3.2004 for certain purposes and 30.3.2004 otherwise) by Railways and Transport Safety Act 2003 (c. 20), ss. 83(1)(3), 96(1)(3), 120 (with ss. 90, 100); S.I. 2004/827, arts. 2, 3

6CPreliminary drug testE+W+S+N.I.

(1)A preliminary drug test is a procedure by which a specimen of sweat or saliva is—

(a)obtained, and

(b)used for the purpose of obtaining, by means of a device of a type approved by the Secretary of State, an indication whether the person to whom the test is administered has a drug in his body.

(2)A preliminary drug test may be administered—

(a)at or near the place where the requirement to co-operate with the test is imposed, or

(b)if the constable who imposes the requirement thinks it expedient, at a police station specified by him.

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Amendments (Textual)

F14Ss. 6-6E substituted (29.3.2004 for certain purposes and 30.3.2004 otherwise) for s. 6 by Railways and Transport Safety Act 2003 (c. 20), ss. 107, 120, Sch. 7 para. 1; S.I. 2004/827, arts. 2, 3

Modifications etc. (not altering text)

C5Ss. 6A-6E applied (with modifications) (29.3.2004 for certain purposes and 30.3.2004 otherwise) by Railways and Transport Safety Act 2003 (c. 20), ss. 83(1)(3), 96(1)(3), 120 (with ss. 90, 100); S.I. 2004/827, arts. 2, 3

6DArrestE+W+S+N.I.

(1)A constable may arrest a person without warrant if as a result of a preliminary breath test the constable reasonably suspects that the proportion of alcohol in the person’s breath or blood exceeds the prescribed limit.

[F15(1A)The fact that specimens of breath have been provided under section 7 of this Act by the person concerned does not prevent subsection (1) above having effect if the constable who imposed on him the requirement to provide the specimens has reasonable cause to believe that the device used to analyse the specimens has not produced a reliable indication of the proportion of alcohol in the breath of the person.]

(2)A constable may arrest a person without warrant if—

(a)the person fails to co-operate with a preliminary test in pursuance of a requirement imposed under section 6, and

(b)the constable reasonably suspects that the person has alcohol or a drug in his body or is under the influence of a drug.

[F16(2A)A person arrested under this section may, instead of being taken to a police station, be detained at or near the place where the preliminary test was, or would have been, administered, with a view to imposing on him there a requirement under section 7 of this Act.]

(3)A person may not be arrested under this section while at a hospital as a patient.

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Amendments (Textual)

F14Ss. 6-6E substituted (29.3.2004 for certain purposes and 30.3.2004 otherwise) for s. 6 by Railways and Transport Safety Act 2003 (c. 20), ss. 107, 120, Sch. 7 para. 1; S.I. 2004/827, arts. 2, 3

Modifications etc. (not altering text)

C6Ss. 6A-6E applied (with modifications) (29.3.2004 for certain purposes and 30.3.2004 otherwise) by Railways and Transport Safety Act 2003 (c. 20), ss. 83(1)(3), 96(1)(3), 120 (with ss. 90, 100); S.I. 2004/827, arts. 2, 3

6EPower of entryE+W+S+N.I.

(1)A constable may enter any place (using reasonable force if necessary) for the purpose of—

(a)imposing a requirement by virtue of section 6(5) following an accident in a case where the constable reasonably suspects that the accident involved injury of any person, or

(b)arresting a person under section 6D following an accident in a case where the constable reasonably suspects that the accident involved injury of any person.

(2)This section—

(a)does not extend to Scotland, and

(b)is without prejudice to any rule of law or enactment about the right of a constable in Scotland to enter any place.]

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Amendments (Textual)

F14Ss. 6-6E substituted (29.3.2004 for certain purposes and 30.3.2004 otherwise) for s. 6 by Railways and Transport Safety Act 2003 (c. 20), ss. 107, 120, Sch. 7 para. 1; S.I. 2004/827, arts. 2, 3

Modifications etc. (not altering text)

C7Ss. 6A-6E applied (with modifications) (29.3.2004 for certain purposes and 30.3.2004 otherwise) by Railways and Transport Safety Act 2003 (c. 20), ss. 83(1)(3), 96(1)(3), 120 (with ss. 90, 100); S.I. 2004/827, arts. 2, 3

7 Provision of specimens for analysis.E+W+S+N.I.

(1)In the course of an investigation into whether a person has committed an offence under [F17section 3A, 4] or 5 of this Act a constable may, subject to the following provisions of this section and section 9 of this Act, require him—

(a)to provide two specimens of breath for analysis by means of a device of a type approved by the Secretary of State, or

(b)to provide a specimen of blood or urine for a laboratory test.

[F18(2)A requirement under this section to provide specimens of breath can only be made—

(a)at a police station,

(b)at a hospital, or

(c)at or near a place where a relevant breath test has been administered to the person concerned or would have been so administered but for his failure to co-operate with it.

(2A)For the purposes of this section “a relevant breath test” is a procedure involving the provision by the person concerned of a specimen of breath to be used for the purpose of obtaining an indication whether the proportion of alcohol in his breath or blood is likely to exceed the prescribed limit.

(2B)A requirement under this section to provide specimens of breath may not be made at or near a place mentioned in subsection (2)(c) above unless the constable making it—

(a)is in uniform, or

(b)has imposed a requirement on the person concerned to co-operate with a relevant breath test in circumstances in which section 6(5) of this Act applies.

(2C)Where a constable has imposed a requirement on the person concerned to co-operate with a relevant breath test at any place, he is entitled to remain at or near that place in order to impose on him there a requirement under this section.

(2D)If a requirement under subsection (1)(a) above has been made at a place other than at a police station, such a requirement may subsequently be made at a police station if (but only if)—

(a)a device or a reliable device of the type mentioned in subsection (1)(a) above was not available at that place or it was for any other reason not practicable to use such a device there, or

(b)the constable who made the previous requirement has reasonable cause to believe that the device used there has not produced a reliable indication of the proportion of alcohol in the breath of the person concerned.]

(3)A requirement under this section to provide a specimen of blood or urine can only be made at a police station or at a hospital; and it cannot be made at a police station unless—

(a)the constable making the requirement has reasonable cause to believe that for medical reasons a specimen of breath cannot be provided or should not be required, or

(b)[F19specimens of breath have not been provided elsewhere and]at the time the requirement is made a device or a reliable device of the type mentioned in subsection (1)(a) above is not available at the police station or it is then for any other reason not practicable to use such a device there, or

[F20(bb)a device of the type mentioned in subsection (1)(a) above has been used [F21(at the police station or elsewhere)] but the constable who required the specimens of breath has reasonable cause to believe that the device has not produced a reliable indication of the proportion of alcohol in the breath of the person concerned, or]

[F22(bc)as a result of the administration of a preliminary drug test, the constable making the requirement has reasonable cause to believe that the person required to provide a specimen of blood or urine has a drug in his body, or]

(c)the suspected offence is one under [F23section 3A or 4] of this Act and the constable making the requirement has been advised by a medical practitioner that the condition of the person required to provide the specimen might be due to some drug;

but may then be made notwithstanding that the person required to provide the specimen has already provided or been required to provide two specimens of breath.

(4)If the provision of a specimen other than a specimen of breath may be required in pursuance of this section the question whether it is to be a specimen of blood or a specimen of urine [F24and, in the case of a specimen of blood, the question who is to be asked to take it shall be decided (subject to subsection (4A)) by the constable making the requirement].

[F25(4A)Where a constable decides for the purposes of subsection (4) to require the provision of a specimen of blood, there shall be no requirement to provide such a specimen if—

(a)the medical practitioner who is asked to take the specimen is of the opinion that, for medical reasons, it cannot or should not be taken; or

(b)the registered health care professional who is asked to take it is of that opinion and there is no contrary opinion from a medical practitioner;

and, where by virtue of this subsection there can be no requirement to provide a specimen of blood, the constable may require a specimen of urine instead.]

(5)A specimen of urine shall be provided within one hour of the requirement for its provision being made and after the provision of a previous specimen of urine.

(6)A person who, without reasonable excuse, fails to provide a specimen when required to do so in pursuance of this section is guilty of an offence.

(7)A constable must, on requiring any person to provide a specimen in pursuance of this section, warn him that a failure to provide it may render him liable to prosecution.

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Amendments (Textual)

F20S. 7(3)(bb) inserted (4.7.1996 but with effect (1.4.1997) as mentioned in s. 63(3)(4)) by 1996 c. 25, s. 63(1) (with s. 78(1)); S.I. 1997/682, art. 2(1)(b)

Modifications etc. (not altering text)

C8S. 7 applied (with modifications) (29.3.2004 for certain purposes and 30.3.2004 otherwise) by Railways and Transport Safety Act 2003 (c. 20), ss. 83(1)(3), 96(1)(3), 120 (with ss. 90, 100); S.I. 2004/827, arts. 2, 3

[F267A Specimens of blood taken from persons incapable of consentingE+W+S+N.I.

(1)A constable may make a request to a medical practitioner for him to take a specimen of blood from a person (“the person concerned”) irrespective of whether that person consents if—

(a)that person is a person from whom the constable would (in the absence of any incapacity of that person and of any objection under section 9) be entitled under section 7 to require the provision of a specimen of blood for a laboratory test;

(b)it appears to that constable that that person has been involved in an accident that constitutes or is comprised in the matter that is under investigation or the circumstances of that matter;

(c)it appears to that constable that that person is or may be incapable (whether or not he has purported to do so) of giving a valid consent to the taking of a specimen of blood; and

(d)it appears to that constable that that person’s incapacity is attributable to medical reasons.

(2)A request under this section—

(a)shall not be made to a medical practitioner who for the time being has any responsibility (apart from the request) for the clinical care of the person concerned; and

(b)shall not be made to a medical practitioner other than a police medical practitioner unless—

(i)it is not reasonably practicable for the request to made to a police medical practitioner; or

(ii)it is not reasonably practicable for such a medical practitioner (assuming him to be willing to do so) to take the specimen.

(3)It shall be lawful for a medical practitioner to whom a request is made under this section, if he thinks fit—

(a)to take a specimen of blood from the person concerned irrespective of whether that person consents; and

(b)to provide the sample to a constable.

(4)If a specimen is taken in pursuance of a request under this section, the specimen shall not be subjected to a laboratory test unless the person from whom it was taken—

(a)has been informed that it was taken; and

(b)has been required by a constable to give his permission for a laboratory test of the specimen; and

(c)has given his permission.

(5)A constable must, on requiring a person to give his permission for the purposes of this section for a laboratory test of a specimen, warn that person that a failure to give the permission may render him liable to prosecution.

(6)A person who, without reasonable excuse, fails to give his permission for a laboratory test of a specimen of blood taken from him under this section is guilty of an offence.

(7)In this section “police medical practitioner” means a medical practitioner who is engaged under any agreement to provide medical services for purposes connected with the activities of a police force.]

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Amendments (Textual)

Modifications etc. (not altering text)

C9S. 7A applied (with modifications) (29.3.2004 for certain purposes and 30.3.2004 otherwise) by Railways and Transport Safety Act 2003 (c. 20), ss. 83(1)(3), 96(1)(3), 120 (with ss. 90, 100); S.I. 2004/827, arts. 2, 3

8 Choice of specimens of breath.E+W+S+N.I.

(1)Subject to subsection (2) below, of any two specimens of breath provided by any person in pursuance of section 7 of this Act that with the lower proportion of alcohol in the breath shall be used and the other shall be disregarded.

(2)If the specimen with the lower proportion of alcohol contains no more than 50 microgrammes of alcohol in 100 millilitres of breath, the person who provided it may claim that it should be replaced by such specimen as may be required under section 7(4) of this Act and, if he then provides such a specimen, neither specimen of breath shall be used.

[F27(2A)If the person who makes a claim under subsection (2) above was required to provide specimens of breath under section 7 of this Act at or near a place mentioned in subsection (2)(c) of that section, a constable may arrest him without warrant.]

(3)The Secretary of State may by regulations substitute another proportion of alcohol in the breath for that specified in subsection (2) above.

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Amendments (Textual)

Modifications etc. (not altering text)

C10S. 8 applied (with modifications) (29.3.2004 for certain purposes and 30.3.2004 otherwise) by Railways and Transport Safety Act 2003 (c. 20), ss. 83(1)(3), 96(1)(3), 120 (with ss. 90, 100); S.I. 2004/827, arts. 2, 3

9 Protection for hospital patients.E+W+S+N.I.

(1)While a person is at a hospital as a patient he shall not be required [F28to co-operate with a preliminary test] or to provide a specimen [F29under section 7 of this Act] unless the medical practitioner in immediate charge of his case has been notified of the proposal to make the requirement; and—

(a)if the requirement is then made, [F30it shall be for co-operation with a test administered, or for the provision of a specimen, at the hospital], but

(b)if the medical practitioner objects on the ground specified in subsection (2) below, the requirement shall not be made.

[F31(1A)While a person is at a hospital as a patient, no specimen of blood shall be taken from him under section 7A of this Act and he shall not be required to give his permission for a laboratory test of a specimen taken under that section unless the medical practitioner in immediate charge of his case—

(a)has been notified of the proposal to take the specimen or to make the requirement; and

(b)has not objected on the ground specified in subsection (2).

F31(2)The ground on which the medical practitioner may object is—

(a)in a case falling within subsection (1), that the requirement or the provision of the specimen or (if one is required) the warning required by section 7(7) of this Act would be prejudicial to the proper care and treatment of the patient; and

(b)in a case falling within subsection (1A), that the taking of the specimen, the requirement or the warning required by section 7A(5) of this Act would be so prejudicial.]

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Amendments (Textual)

F31S. 9(1A)(2) substituted for s. 9(2) (1.10.2002) by 2002 c. 30, s. 56(2); S.I. 2002/2306, art. 2(d)(v)

Modifications etc. (not altering text)

C11S. 9 applied (with modifications) (29.3.2004 for certain purposes and 30.3.2004 otherwise) by Railways and Transport Safety Act 2003 (c. 20), ss. 83(1)(3), 96(1)(3), 120 (with ss. 90, 100); S.I. 2004/827, arts. 2, 3

10 Detention of persons affected by alcohol or a drug.E+W+S+N.I.

(1)Subject to subsections (2) and (3) below, a person required [F32under section 7 or 7A] to provide a specimen of breath, blood or urine may afterwards be detained at a police station [F33(or, if the specimen was provided otherwise than at a police station, arrested and taken to and detained at a police station) if a constable has reasonable grounds for believing] that, were that person then driving or attempting to drive a [F34mechanically propelled vehicle] on a road, he would [F35commit] an offence under section 4 or 5 of this Act.

(2)[F36Subsection (1) above does not apply to the person if it ought reasonably to appear to the] constable that there is no likelihood of his driving or attempting to drive a [F34mechanically propelled vehicle] whilst his ability to drive properly is impaired or whilst the proportion of alcohol in his breath, blood or urine exceeds the prescribed limit.

[F37(2A)A person who is at a hospital as a patient shall not be arrested and taken from there to a police station in pursuance of this section if it would be prejudicial to his proper care and treatment as a patient.]

(3)A constable must consult a medical practitioner on any question arising under this section whether a person’s ability to drive properly is or might be impaired through drugs and must act on the medical practitioner’s advice.

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Amendments (Textual)

Modifications etc. (not altering text)

C12S. 10 applied (with modifications) (29.3.2004 for certain purposes and 30.3.2004 otherwise) by Railways and Transport Safety Act 2003 (c. 20), ss. 83(1)(3), 96(1)(3), 120 (with ss. 90, 100); S.I. 2004/827, arts. 2, 3

11 Interpretation of sections 4 to 10.E+W+S

(1)The following provisions apply for the interpretation of sections [F383A] to 10 of this Act.

(2)In those sections—

  • F39. . .

  • drug” includes any intoxicant other than alcohol,

  • fail” includes refuse,

  • hospital” means an institution which provides medical or surgical treatment for in-patients or out-patients,

  • the prescribed limit” means, as the case may require—

    (a)

    35 microgrammes of alcohol in 100 millilitres of breath,

    (b)

    80 milligrammes of alcohol in 100 millilitres of blood, or

    (c)

    107 milligrammes of alcohol in 100 millilitres of urine,

    or such other proportion as may be prescribed by regulations made by the Secretary of State.

  • [F40registered health care professional” means a person (other than a medical practitioner) who is—

    (a)

    a registered nurse; or

    (b)

    a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State.]

[F41(2A)A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c. 8) other than the profession of practising medicine and the profession of nursing.

(2B)An order under subsection (2) shall be made by statutory instrument; and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

(3)[F42A person does not co-operate with a preliminary test or provide a specimen of breath for analysis unless his co-operation or the specimen]

(a)is sufficient to enable the test or the analysis to be carried out, and

(b)is provided in such a way as to enable the objective of the test or analysis to be satisfactorily achieved.

[F43(4)A person provides a specimen of blood if and only if—

(a)he consents to the taking of such a specimen from him; and

(b)the specimen is taken from him by a medical practitioner or, if it is taken in a police station, either by a medical practitioner or by a registered health care professional.]

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Amendments (Textual)

F38Words "3A" in s. 11(1) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 44; S.I. 1992/1286, art. 2, Sch.

F39In s. 11(2) definition of "breath test" repealed (30.3.2004) by Railways and Transport Safety Act 2003, (c. 20), ss. 107, 118, 120, Sch. 7 para. 5(a), {Sch. 8}; S.I. 2004/827, art. 3

F40In s. 11(2) definition of "registered health care professional" inserted (1.10.2002 for certain purposes and 1.4.2003 otherwise) by Police Reform Act 2002 (c. 30), ss. 55(3), 108(2); S.I. 2002/2306, art. 4(d); S.I. 2003/808, art. 2(e)

F41S. 11(2A)(2B) inserted (1.10.2002 for certain purposes and 1.4.2003 otherwise) by Police Reform Act 2002 (c. 30), ss. 55(4), 108(2); S.I. 2002/2306, art. 4(d); S.I. 2003/808, art. 2(e)

Modifications etc. (not altering text)

C13S. 11 applied (with modifications) (29.3.2004 for certain purposes and 30.3.2004 otherwise) by Railways and Transport Safety Act 2003 (c. 20), ss. 83(1)(3), 96(1)(3), 120 (with ss. 90, 100); S.I. 2004/827, arts. 2, 3

Motor racing and motoring events on public waysE+W+S

12 Motor racing on public ways.E+W+S

(1)A person who promotes or takes part in a race or trial of speed between motor vehicles on a public way is guilty of an offence.

(2)In this section “public way” means, in England and Wales, a [F44highway] and, in Scotland, a public road.

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Amendments (Textual)

13 Regulation of motoring events on public ways.E+W+S

(1)A person who promotes or takes part in a competition or trial (other than a race or trial of speed) involving the use of motor vehicles on a public way is guilty of an offence unless the competition or trial—

(a)is authorised, and

(b)is conducted in accordance with any conditions imposed,

by or under regulations under this section.

(2)The Secretary of State may by regulations authorise, or provide for authorising, the holding of competitions or trials (other than races or trials of speed) involving the use of motor vehicles on public ways either—

(a)generally, or

(b)as regards any area, or as regards any class or description of competition or trial or any particular competition or trial,

subject to such conditions, including conditions requiring the payment of fees, as may be imposed by or under the regulations.

(3)Regulations under this section may—

(a)prescribe the procedure to be followed, and the particulars to be given, in connection with applications for authorisation under the regulations, and

(b)make different provision for different classes or descriptions of competition or trial.

(4)In this section “public way” means, in England and Wales, a [F45highway] and, in Scotland, a public road.

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Amendments (Textual)

Modifications etc. (not altering text)

C14S. 13(2): transfer of functions (1.7.1999) by S.I. 1999/672, arts. 1, 2, Sch. 1

S. 13(2): transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

[F4613A Disapplication of sections 1 to 3 for authorised motoring events.E+W+S

(1)A person shall not be guilty of an offence under sections 1, 2 or 3 of this Act by virtue of driving a vehicle in a public place other than a road if he shows that he was driving in accordance with an authorisation for a motoring event given under regulations made by the Secretary of State.

(2)Regulations under this section may in particular—

(a)prescribe the persons by whom, and limit the circumstances in which and the places in respect of which, authorisations may be given under the regulations;

(b)specify conditions which must be included among those incorporated in authorisations;

(c)provide for authorisations to cease to have effect in prescribed circumstances;

(d)provide for the procedure to be followed, the particulars to be given, and the amount (or the persons who are to determine the amount) of any fees to be paid, in connection with applications for authorisations;

(e)make different provisions for different cases.]

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Amendments (Textual)

Modifications etc. (not altering text)

C15S. 13A: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1999/3178, art. 3

S. 13A: transfer of functions (1.7.1999) by S.I. 1999/672, arts. 1, 2, Sch. 1

Protective measures: seat belts, helmets, etc.E+W+S

14 Seat belts: adults.E+W+S

(1)The Secretary of State may make regulations requiring, subject to such exceptions as may be prescribed, persons who are driving or riding in motor vehicles on a road to wear seat belts of such description as may be prescribed.

(2)Regulations under this section—

(a)may make different provision in relation to different classes of vehicles, different descriptions of persons and different circumstances,

[F47(aa)may, for the purpose of implementing the seat belt Directive, authorise the wearing of a seat belt approved under the law of a member State other than the United Kingdom,]

(b)shall include exceptions for—

[F48(i)the driver of or a passenger in a motor vehicle constructed or adapted for carrying goods, while on a journey which does not exceed the prescribed distance and which is undertaken for the purpose of delivering or collecting any thing,]

(ii)the drivers of vehicles while performing a manoeuvre which includes reversing,

(iii)any person holding a valid certificate signed by a medical practitioner to the effect that it is inadvisable on medical grounds for him to wear a seat belt,

[F49(bb)shall, for the purpose of implementing the seat belt Directive, include an exception for any person holding a certificate to the like effect as that mentioned in paragraph (b)(iii) above which was issued in a member State other than the United Kingdom and which, under the law of that State, is valid for purposes corresponding to those of this section,]

(c)may make any prescribed exceptions subject to such conditions as may be prescribed, and

(d)may prescribe cases in which a fee of a prescribed amount may be charged on an application for any certificate required as a condition of any prescribed exception.

(3)A person who drives or rides in a motor vehicle in contravention of regulations under this section is guilty of an offence; but, notwithstanding any enactment or rule of law, no person other than the person actually committing the contravention is guilty of an offence by reason of the contravention.

(4)If the holder of any such certificate as is referred to in subsection (2)(b) [F50or (bb)]above is informed by a constable that he may be prosecuted for an offence under subsection (3) above, he is not in proceedings for that offence entitled to rely on the exception afforded to him by the certificate unless—

(a)it is produced to the constable at the time he is so informed, or

(b)it is produced—

(i)within seven days after the date on which he is so informed, or

(ii)as soon as is reasonably practicable,

at such police station as he may have specified to the constable, or

(c)where it is not produced at such police station, it is not reasonably practicable for it to be produced there before the day on which the proceedings are commenced.

(5)For the purposes of subsection (4) above, the laying of the information or, in Scotland, the service of the complaint on the accused shall be treated as the commencement of the proceedings.

(6)Regulations under this section requiring the wearing of seat belts by persons riding in motor vehicles shall not apply to children under the age of fourteen years.

[F51(7)In this section, “the seat belt Directive” means the M1Directive of the Council of the European Communities, dated 16th December 1991, (No. 91/671/EEC) on the approximation of the laws of the member States relating to compulsory use of safety belts in vehicles of less than 3.5 tonnes.]

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Subordinate Legislation Made

P1S. 14(1)(2) power exercised by S.I. 1991/1255

Amendments (Textual)

F50Words in s. 14(4) inserted (2.2.1993) by S.I. 1992/3105, reg. 2(3).

F51S.14(7) inserted (2.2.1993) by S.I. 1992/3105, reg. 2(4).

Marginal Citations

M1O.J. No. L373, 31.12.91, p26.

15 Restriction on carrying children not wearing seat belts in motor vehicles.E+W+S

(1)Except as provided by regulations, where a child under the age of fourteen years is in the front of a motor vehicle, a person must not without reasonable excuse drive the vehicle on a road unless the child is wearing a seat belt in conformity with regulations.

[F52(1A)Where—

(a)a child is in the front of a motor vehicle other than a bus,

(b)the child is in a rear-facing child restraining device, and

(c)the passenger seat where the child is placed is protected by a front air bag,

a person must not without reasonable excuse drive the vehicle on a road unless the air bag is deactivated.]

(2)It is an offence for a person to drive a motor vehicle in contravention of subsection (1) [F53or (1A)] above.

[F54(3)Except as provided by regulations, where—

(a)a child under the age of three years is in the rear of a motor vehicle, or

(b)a child of or over that age but under the age of fourteen years is in the rear of a motor vehicle and any seat belt is fitted in the rear of that vehicle,

a person must not without reasonable excuse drive the vehicle on a road unless the child is wearing a seat belt in conformity with regulations.]

[F55(3A)Except as provided by regulations, where—

(a)a child who is under the age of 12 years and less than 150 centimetres in height is in the rear of a passenger car,

(b)no seat belt is fitted in the rear of the passenger car, and

(c)a seat in the front of the passenger car is provided with a seat belt but is not occupied by any person,

a person must not without reasonable excuse drive the passenger car on a road.]

(4)It is an offence for a person to drive a motor vehicle in contravention of subsection (3) [F56 or (3A)] above.

(5)Provision may be made by regulations—

(a)excepting from the prohibition in subsection (1) [F57, (3) or (3A)] above children of any prescribed description, vehicles of a prescribed class or the driving of vehicles in such circumstances as may be prescribed,

(b)defining in relation to any class of vehicle what part of the vehicle is to be regarded as the front of the vehicle for the purposes of subsection (1) [F58or (3A)] above or as the rear of the vehicle for the purposes of subsection (3) [F58or (3A)] above,

(c)prescribing for the purposes of subsection (1) or (3) above the descriptions of seat belt to be worn by children of any prescribed description and the manner in which such seat belt is to be fixed and used.

[F59(5A)Without prejudice to the generality of subsection (5) above, regulations made by virtue of paragraph (c) of that subsection may, for the purpose of implementing the seat belt Directive,—

(a)make different provision in relation to different vehicles and different circumstances,

(b)authorise the wearing of a seat belt approved under the law of any member State other than the United Kingdom.]

[F60(6)Regulations made for the purposes of subsection (3) or (3A) above—

(a)shall include an exemption for any child holding a valid certificate signed by a medical practitioner to the effect that it is inadvisable on medical grounds for him to wear a seat belt, and

(b)shall, for the purpose of implementing the seat belt Directive, include an exemption for any child holding a certificate to the like effect which was issued in any member State other than the United Kingdom and which, under the law of that State, is valid for purposes corresponding to those of this section,

but such regulations may, for the purpose of implementing that Directive, make either of those exemptions subject to such conditions as may be prescribed.]

(7)If the driver of a motor vehicle is informed by a constable that he may be prosecuted for an offence under subsection (4) above, he is not in proceedings for that offence entitled to rely on an exception afforded to a child by a certificate referred to in subsection (6) above unless—

(a)it is produced to the constable at the time he is so informed, or

(b)it is produced—

(i)within seven days after the date on which he is so informed, or

(ii)as soon as is reasonably practicable,

at such police station as he may have specified to the constable, or

(c)where it is not produced at such police station, it is not reasonably practicable for it to be produced there before the day on which the proceedings are commenced.

(8)For the purposes of subsection (7) above, the laying of the information or, in Scotland, the service of the complaint on the accused shall be treated as the commencement of the proceedings.

(9)In this section—

  • [F61bus” means a motor vehicle that—

    (a)

    has at least four wheels,

    (b)

    is constructed or adapted for the carriage of passengers,

    (c)

    has more than eight seats in addition to the driver's seat, and

    (d)

    has a maximum design speed exceeding 25 kilometres per hour;]

  • [F62“maximum laden weight” has the meaning given by Part IV of Schedule 6 to the M2Road Traffic Regulation Act 1984;

  • “passenger car” means a motor vehicle which—

    (a)

    is constructed or adapted for use for the carriage of passengers and is not a goods vehicle,

    (b)

    has no more than eight seats in addition to the driver’s seat,

    (c)

    has four or more wheels,

    (d)

    has a maximum design speed exceeding 25 kilometres per hour, and

    (e)

    has a maximum laden weight not exceeding 3.5 tonnes,]

  • regulations” means regulations made by the Secretary of State under this section, F63. . .

  • seat belt” includes any description of restraining device for a child and any reference to wearing a seat belt is to be construed accordingly.

  • [F62“the seat belt Directive” has the same meaning as in section 14.]

[F64(9A)The reference in subsection (1) above to the air bag being deactivated includes a reference to the case where the air bag is designed or adapted in such a way that it cannot inflate enough to pose a risk of injury to a child travelling in a rear-facing child restraining device in the seat in question.]

F65(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F55S. 15(3A) inserted (2.2.1993) by S.I 1992/3105, reg. 3(2).

F56Words in s. 15(4) inserted (2.2.1993) by S.I. 1992/3105, reg. 3(3).

F57Words in s. 15(5)(a) substituted (2.2.1993) by S.I. 1992/3105, reg. 3(4)(a).

F58Words in s. 15(5)(b) inserted (2.2.1993) by S.I. 1992/3105, reg. 3(4)(b).

F59S. 15(5A) inserted (2.2.1993) by S.I. 1992/3105, reg. 3(5).

F60S. 15(6) substituted (2.2.1993) by S.I. 1992/3105, reg. 3(6).

F62Definitions in s. 15(9) inserted (2.2.1993) by S.I. 1992/3105, reg. 3(7)(a)(b).

F63Word in s. 15(9) omitted (2.2.1993) by virtue of S.I. 1992/3105, reg. 3(7)(b).

Modifications etc. (not altering text)

Marginal Citations

[F6615A Safety equipment for children in motor vehicles.E+W+S

(1)The Secretary of State may make regulations prescribing (by reference to shape, construction or any other quality) types of equipment of any description to which this section applies that are recommended as conducive to the safety in the event of accident of prescribed classes of children in prescribed classes of motor vehicles.

(2)Regulations under this section may make provision for securing that when equipment of a type prescribed by the regulations is sold or offered for sale as equipment which is so conducive—

(a)appropriate information is provided in relation to it in such manner as may be prescribed, and

(b)inappropriate information is not provided in relation to it.

(3)Except in such circumstances as may be prescribed, if a person sells, or offers for sale, equipment of any description for which a type is prescribed under this section as equipment which is so conducive and that equipment—

(a)is not of a type so prescribed, or

(b)is sold or offered for sale in contravention of regulations under this section,

he is, subject to subsection (5) below, guilty of an offence.

(4)Except in such circumstances as may be prescribed, if a person sells, or offers for sale, equipment of any description for which a type is prescribed under this section as equipment conducive to the safety in the event of accident—

(a)of children not of a class prescribed in relation to equipment of that type, or

(b)of children in motor vehicles not of a class prescribed in relation to equipment of that type,

he is, subject to subsection (5) below, guilty of an offence.

(5)A person shall not be convicted of an offence under this section in respect of the sale or offer for sale of equipment if he proves that it was sold or, as the case may be, offered for sale for export from Great Britain.

(6)The provisions of Schedule 1 to this Act shall have effect in relation to contraventions of this section.

(7)Regulations under this section may make different provision in relation to different circumstances.

(8)This section applies to equipment of any description for use in a motor vehicle consisting of—

(a)a restraining device for a child or for a carry-cot, or

(b)equipment designed for use by a child in conjunction with any description of restraining device.

(9)References in this section to selling or offering for sale include respectively references to letting on hire and offering to let on hire.]

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Amendments (Textual)

[F6715BRequirement to notify bus passengers to wear seat beltsE+W+S

(1)Subject to subsection (6) below, the operator of a bus in which any of the passenger seats are equipped with seat belts shall take all reasonable steps to ensure that every passenger is notified that he is required to wear a seat belt at all times when—

(a)he is in a seat equipped with a seat belt, and

(b)the bus is in motion.

(2)For the purposes of subsection (1) above, a passenger may be notified only by one or more of the following means—

(a)an official announcement, or an audio-visual presentation, made when the passenger joins the bus or within a reasonable time of his doing so;

(b)a sign prominently displayed at each passenger seat equipped with a seat belt.

In paragraph (a) above, “official announcement” means an announcement by the driver of the bus, by a conductor or courier or by a person who is a group leader in relation to any group of persons who are passengers on the bus.

(3)For the purposes of subsection (2)(b) above, a sign that takes the form of a pictorial symbol must be in the form shown in Schedule 2A, depicting a white figure on a blue background.

(4)An operator who fails to comply with subsection (1) above is guilty of an offence.

(5)Where an offence under subsection (4) above which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in such a capacity, he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(6)Subsection (1) above does not apply in relation to a bus—

(a)which is being used to provide a local service (within the meaning of the Transport Act 1985 F68) in a built-up area, or

(b)which is constructed or adapted for the carriage of standing passengers and on which the operator permits standing.

For the purposes of paragraph (a) above, a local service is provided in a built-up area if the entire route used by that service consists of restricted roads.

(7)In this section—

  • bus” has the same meaning as in section 15;

  • operator”, in relation to a bus, means—

    (a)

    the owner of the bus, or

    (b)

    if the bus is in the possession of any other person under an agreement for hire, hire-purchase, conditional sale, loan or otherwise, that person;

  • passenger seat”, in relation to a bus, means any seat other than the driver's seat;

  • restricted road” means a road that is restricted for the purposes of section 81 of the Road Traffic Regulation Act 1984 F69 (ignoring any direction under section 82(2)(b) of that Act) or would be so restricted but for a direction under section 82(2)(a) or an order under section 84(1) of that Act.]

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Amendments (Textual)

F681985 c. 67. A “local service” is defined in section 2 of that Act.

16 Wearing of protective headgear.E+W+S

(1)The Secretary of State may make regulations requiring, subject to such exceptions as may be specified in the regulations, persons driving or riding (otherwise than in side-cars) on motor cycles of any class specified in the regulations to wear protective headgear of such description as may be so specified.

(2)A requirement imposed by regulations under this section shall not apply to any follower of the Sikh religion while he is wearing a turban.

(3)Regulations under this section may make different provision in relation to different circumstances.

(4)A person who drives or rides on a motor cycle in contravention of regulations under this section is guilty of an offence; but notwithstanding any enactment or rule of law no person other than the person actually committing the contravention is guilty of an offence by reason of the contravention unless the person actually committing the contravention is a child under the age of sixteen years.

17 Protective helmets for motor cyclists.E+W+S

(1)The Secretary of State may make regulations prescribing (by reference to shape, construction or any other quality) types of helmet recommended as affording protection to persons on or in motor cycles, or motor cycles of different classes, from injury in the event of accident.

(2)If a person sells, or offers for sale, a helmet as a helmet for affording such protection and the helmet is neither—

(a)of a type prescribed under this section, nor

(b)of a type authorised under regulations made under this section and sold or offered for sale subject to any conditions specified in the authorisation

subject to subsection (3) below, he is guilty of an offence.

(3)A person shall not be convicted of an offence under this section in respect of the sale or offer for sale of a helmet if he proves that it was sold or, as the case may be, offered for sale for export from Great Britain.

(4)The provisions of Schedule 1 to this Act shall have effect in relation to contraventions of this section.

(5)In this section and that Schedule “helmet” includes any head-dress, and references in this section to selling or offering for sale include respectively references to letting on hire and offering to let on hire.

18 Authorisation of head-worn appliances for use on motor cycles.E+W+S

(1)The Secretary of State may make regulations prescribing (by reference to shape, construction or any other quality) types of appliance of any description to which this section applies as authorised for use by persons driving or riding (otherwise than in sidecars) on motor cycles of any class specified in the regulations.

(2)Regulations under this section—

(a)may impose restrictions or requirements with respect to the circumstances in which appliances of any type prescribed by the regulations may be used, and

(b)may make different provision in relation to different circumstances.

(3)If a person driving or riding on a motor cycle on a road uses an appliance of any description for which a type is prescribed under this section and that appliance—

(a)is not of a type so prescribed, or

(b)is otherwise used in contravention of regulations under this section,

he is guilty of an offence.

(4)If a person sells, or offers for sale, an appliance of any such description as authorised for use by persons on or in motor cycles, or motor cycles of any class, and that appliance is not of a type prescribed under this section as authorised for such use, he is, subject to subsection (5) below, guilty of an offence.

(5)A person shall not be convicted of an offence under this section in respect of the sale or offer for sale of an appliance if he proves that it was sold or, as the case may be, offered for sale for export from Great Britain.

(6)The provisions of Schedule 1 to this Act shall have effect in relation to contraventions of subsection (4) above.

(7)This section applies to appliances of any description designed or adapted for use—

(a)with any headgear, or

(b)by being attached to or placed upon the head,

(as, for example, eye protectors or earphones).

(8)References in this section to selling or offering for sale include respectively references to letting on hire and offering to let on hire.

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 M3Highways Act 1980.

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Modifications etc. (not altering text)

Marginal Citations

F7019A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F70S. 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 Secretary of State 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.

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 [F71mechanically 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 [F72, 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 M4Highways Act 1980 have the same meaning as in that Act,

[F73(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 [F74an 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.

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Amendments (Textual)

F71Words in s. 21(1) substituted (30.1.2001) by 2000 c. 37, ss. 67, 103(2), Sch. 7 para. 4(1)(2)

F72Words 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)

F74Words 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 [F75involve a danger of injury] to other persons using the road, he is guilty of an offence.

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Amendments (Textual)

Modifications etc. (not altering text)

C21S. 22 applied (S.) (21.3.1999) by S.I. 1999/854, art. 3(4)(a)(b)

[F7622A 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, F77. . . 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.]

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Amendments (Textual)

Other restrictions in interests of safetyE+W+S

23 Restriction of carriage of persons on motor cycles.E+W+S

(1)Not more than one person in addition to the driver may be carried on a [F78motor bicycle].

(2)No person in addition to the driver may be carried on a [F78motor bicycle] otherwise than sitting astride the motor cycle and on a proper seat securely fixed to the motor cycle behind the driver’s seat.

(3)If a person is carried on a motor cycle in contravention of this section, the driver of the motor cycle is guilty of an offence.

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Amendments (Textual)

24 Restriction of carriage of persons on bicycles.E+W+S

(1)Not more than one person may be carried on a road on a bicycle not propelled by mechanical power unless it is constructed or adapted for the carriage of more than one person.

(2)In this section—

(a)references to a person carried on a bicycle include references to a person riding the bicycle, and

(b)road” includes bridleway.

(3)If a person is carried on a bicycle in contravention of subsection (1) above, each of the persons carried is guilty of an offence.

25 Tampering with motor vehicles.E+W+S

If, while a motor vehicle is on a road or on a parking place provided by a local authority, a person—

(a)gets on to the vehicle, or

(b)tampers with the brake or other part of its mechanism,

without lawful authority or reasonable cause he is guilty of an offence.

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Modifications etc. (not altering text)

C22S. 25 applied (S.) (21.3.1999) by S.I. 1999/854, art. 3(4)(a)(b)

26 Holding or getting on to vehicle in order to be towed or carried.E+W+S

(1)If, for the purpose of being carried, a person without lawful authority or reasonable cause takes or retains hold of, or gets on to, a motor vehicle or trailer while in motion on a road he is guilty of an offence.

(2)If, for the purpose of being drawn, a person takes or retains hold of a motor vehicle or trailer while in motion on a road he is guilty of an offence.

27 Control of dogs on roads.E+W+S

(1)A person who causes or permits a dog to be on a designated road without the dog being held on a lead is guilty of an offence.

(2)In this section “designated road” means a length of road specified by an order in that behalf of the local authority in whose area the length of road is situated.

(3)The powers which under subsection (2) above are exercisable by a local authority in England and Wales are, in the case of a road part of the width of which is in the area of one local authority and part in the area of another, exercisable by either authority with the consent of the other.

(4)An order under this section may provide that subsection (1) above shall apply subject to such limitations or exceptions as may be specified in the order, and (without prejudice to the generality of this subsection) subsection (1) above does not apply to dogs proved—

(a)to be kept for driving or tending sheep or cattle in the course of a trade or business, or

(b)to have been at the material time in use under proper control for sporting purposes.

(5)An order under this section shall not be made except after consultation with the chief officer of police.

(6)The Secretary of State may make regulations—

(a)prescribing the procedure to be followed in connection with the making of orders under this section, and

(b)requiring the authority making such an order to publish in such manner as may be prescribed by the regulations notice of the making and effect of the order.

(7)In this section “local authority” means—

(a)in relation to England and Wales, the council of a county, metropolitan district or London borough or the Common Council of the City of London, and

(b)in relation to Scotland, a [F79council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

(8)The power conferred by this section to make an order includes power, exercisable in like manner and subject to the like conditions, to vary or revoke it.

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Amendments (Textual)

Modifications etc. (not altering text)

C23s. 27(6): transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(1) 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

S. 27(6): transfer of functions (1.7.1999) by S.I. 1999/672, arts. 1, 2, Sch. 1

Cycling offences and cycle racingE+W+S

[F8028 Dangerous cycling.E+W+S

(1)A person who rides a cycle on a road dangerously is guilty of an offence.

(2)For the purposes of subsection (1) above a person is to be regarded as riding dangerously if (and only if)—

(a)the way he rides falls far below what would be expected of a competent and careful cyclist, and

(b)it would be obvious to a competent and careful cyclist that riding in that way would be dangerous.

(3)In subsection (2) above “dangerous” refers to danger either of injury to any person or of serious damage to property; and in determining for the purposes of that subsection what would be obvious to a competent and careful cyclist 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.]

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Amendments (Textual)

29 Careless, and inconsiderate, cycling.E+W+S

If a person rides a cycle on a road without due care and attention, or without reasonable consideration for other persons using the road, he is guilty of an offence.

F81...

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Amendments (Textual)

30 Cycling when under influence of drink or drugs.E+W+S

(1)A person who, when riding a cycle on a road or other public place, is unfit to ride through drink or drugs (that is to say, is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the cycle) is guilty of an offence.

(2)In Scotland a constable may arrest without warrant a person committing an offence under this section.

F82(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

31 Regulation of cycle racing on public ways.E+W+S

(1)A person who promotes or takes part in a race or trial of speed on a public way between cycles is guilty of an offence, unless the race or trial—

(a)is authorised, and

(b)is conducted in accordance with any conditions imposed,

by or under regulations under this section.

(2)The Secretary of State may by regulations authorise, or provide for authorising, for the purposes of subsection (1) above, the holding on a public way other than a bridleway—

(a)of races or trials of speed of any class or description, or

(b)of a particular race or trial of speed,

in such cases as may be prescribed and subject to such conditions as may be imposed by or under the regulations.

(3)Regulations under this section may—

(a)prescribe the procedure to be followed, and the particulars to be given, in connection with applications for authorisation under the regulations, and

(b)make different provision for different classes or descriptions of race or trial.

(4)Without prejudice to any other powers exercisable in that behalf, the chief officer of police may give directions with respect to the movement of, or the route to be followed by, vehicular traffic during any period, being directions which it is necessary or expedient to give in relation to that period to prevent or mitigate—

(a)congestion or obstruction of traffic, or

(b)danger to or from traffic,

in consequence of the holding of a race or trial of speed authorised by or under regulations under this section.

(5)Directions under subsection (4) above may include a direction that any road or part of a road specified in the direction shall be closed during the period to vehicles or to vehicles of a class so specified.

[F83(6)In this section “public way” means, in England and Wales, a highway, and in Scotland, a public road but does not include a footpath.]

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Amendments (Textual)

Modifications etc. (not altering text)

C24S. 31(2): transfer of certain functions (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

S. 31(2): transfer of functions (1.7.1999) by S.I. 1999/672, arts. 1, 2, Sch. 1

32 Electrically assisted pedal cycles.E+W+S

(1)An electrically assisted pedal cycle of a class specified in regulations made for the purposes of section 189 of this Act and section 140 of the M5Road Traffic Regulation Act 1984 shall not be driven on a road by a person under the age of fourteen.

(2)A person who—

(a)drives such a pedal cycle, or

(b)knowing or suspecting that another person is under the age of fourteen, causes or permits him to drive such a pedal cycle,

in contravention of subsection (1) above is guilty of an offence.

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Marginal Citations

Use of motor vehicles away from roadsE+W+S

33 Control of use of footpaths and bridleways for motor vehicle trials.E+W+S

(1)A person must not promote or take part in a trial of any description between motor vehicles on a footpath or bridleway unless the holding of the trial has been authorised under this section by the local authority.

(2)A local authority shall not give an authorisation under this section unless satisfied that consent in writing to the use of any length of footpath or bridleway for the purposes of the trial has been given by the owner and by the occupier of the land over which that length of footpath or bridleway runs, and any such authorisation may be given subject to compliance with such conditions as the authority think fit.

(3)A person who—

(a)contravenes subsection (1) above, or

(b)fails to comply with any conditions subject to which an authorisation under this section has been granted,

is guilty of an offence.

(4)The holding of a trial authorised under this section is not affected by any statutory provision prohibiting or restricting the use of footpaths or bridleways or a specified footpath or bridleway; but this section does not prejudice any right or remedy of a person as having any interest in land.

(5)In this section “local authority”—

(a)in relation to England and Wales, means the council of a county, metropolitan district or London borough, and

(b)in relation to Scotland, means a [F84council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

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Amendments (Textual)

Modifications etc. (not altering text)

[F8534 Prohibition of driving mechanically propelled vehicles elsewhere than on roads.E+W+S

(1)Subject to the provisions of this section, if without lawful authority a person drives a mechanically propelled vehicle—

(a)on to or upon any common land, moorland or land of any other description, not being land forming part of a road, or

(b)on any road being a footpath, bridleway or restricted byway,

he is guilty of an offence.

(2)For the purposes of subsection (1)(b) above, a way shown in a definitive map and statement as a footpath, bridleway or restricted byway is, without prejudice to section 56(1) of the M6Wildlife and Countryside Act 1981, to be taken to be a way of the kind shown, unless (subject to section 34A of this Act) the contrary is proved.

(3)It is not an offence under this section to drive a mechanically propelled vehicle on any land within fifteen yards of a road, being a road on which a motor vehicle may lawfully be driven, for the purpose only of parking the vehicle on that land.

(4)A person shall not be convicted of an offence under this section with respect to a vehicle if he proves to the satisfaction of the court that it was driven in contravention of this section for the purpose of saving life or extinguishing fire or meeting any other like emergency.

(5)It is hereby declared that nothing in this section prejudices the operation of—

(a)section 193 of the M7Law of Property Act 1925 (rights of the public over commons and waste lands), or

(b)any byelaws applying to any land,

or affects the law of trespass to land or any right or remedy to which a person may by law be entitled in respect of any such trespass or in particular confers a right to park a vehicle on any land.

(6)Subsection (2) above and section 34A of this Act do not extend to Scotland.

(7)In this section—

  • definitive map and statement” has the same meaning as in Part III of the M8Wildlife and Countryside Act 1981;

  • mechanically propelled vehicle” does not include a vehicle falling within paragraph (a), (b) or (c) of section 189(1) of this Act; and

  • restricted byway” means a way over which the public have restricted byway rights within the meaning of Part II of the Countryside and Rights of Way Act 2000, with or without a right to drive animals of any description along the way, but no other rights of way.]

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Amendments (Textual)

F85S. 34 substituted (30.1.2001) by 2000 c. 37, ss. 67, 103(2), Sch. 7 para. 5

Marginal Citations

[F8534 Prohibition of driving mechanically propelled vehicles elsewhere than on roads.E+W

(1)Subject to the provisions of this section, if without lawful authority a person drives a mechanically propelled vehicle—

(a)on to or upon any common land, moorland or land of any other description, not being land forming part of a road, or

(b)on any road being a footpath, bridleway or restricted byway,

he is guilty of an offence.

(2)For the purposes of subsection (1)(b) above, a way shown in a definitive map and statement as a footpath, bridleway or restricted byway is, without prejudice to section 56(1) of the M6Wildlife and Countryside Act 1981, to be taken to be a way of the kind shown, unless F866. . . the contrary is proved.

[F867(2A)It is not an offence under this section for a person with an interest in land, or a visitor to any land, to drive a mechanically propelled vehicle on a road if, immediately before the commencement of section 47(2) of the Countryside and Rights of Way Act 2000, the road was—

(a)shown in a definitive map and statement as a road used as a public path, and

(b)in use for obtaining access to the land by the driving of mechanically propelled vehicles by a person with an interest in the land or by visitors to the land.]

(3)It is not an offence under this section to drive a mechanically propelled vehicle on any land within fifteen yards of a road, being a road on which a motor vehicle may lawfully be driven, for the purpose only of parking the vehicle on that land.

(4)A person shall not be convicted of an offence under this section with respect to a vehicle if he proves to the satisfaction of the court that it was driven in contravention of this section for the purpose of saving life or extinguishing fire or meeting any other like emergency.

(5)It is hereby declared that nothing in this section prejudices the operation of—

(a)section 193 of the M7Law of Property Act 1925 (rights of the public over commons and waste lands), or

(b)any byelaws applying to any land,

or affects the law of trespass to land or any right or remedy to which a person may by law be entitled in respect of any such trespass or in particular confers a right to park a vehicle on any land.

(6)Subsection (2) above [F868does] not extend to Scotland.

(7)In this section—

  • definitive map and statement” has the same meaning as in Part III of the M8Wildlife and Countryside Act 1981;

  • [F869interest”, in relation to land, includes any estate in land and any right over land (whether exercisable by virtue of the ownership of an estate or interest in the land or by virtue of a licence or agreement) and, in particular, includes rights of common and sporting rights;]

  • mechanically propelled vehicle” does not include a vehicle falling within paragraph (a), (b) or (c) of section 189(1) of this Act; and

  • restricted byway” means a way over which the public have restricted byway rights within the meaning of Part II of the Countryside and Rights of Way Act 2000, with or without a right to drive animals of any description along the way, but no other rights of way.

[F870(8)A person—

(a)entering any land in exercise of rights conferred by virtue of section 2(1) of the Countryside and Rights of Way Act 2000, or

(b)entering any land which is treated by section 15(1) of that Act as being accessible to the public apart from that Act,

is not for the purposes of subsection (2A) a visitor to the land.]]

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Extent Information

E6This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Amendments (Textual)

F85S. 34 substituted (30.1.2001) by 2000 c. 37, ss. 67, 103(2), Sch. 7 para. 5

F868Words in s. 34(6) substituted (E.W.) (2.5.2006 for E. and 16.11.2006 for W.) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 70(5), 107; S.I. 2006/1176, art. 6; S.I. 2006/2992, art. 2

Marginal Citations

[F8534 Prohibition of driving mechanically propelled vehicles elsewhere than on roads.S

(1)Subject to the provisions of this section, if without lawful authority a person drives a mechanically propelled vehicle—

(a)on to or upon any common land, moorland or land of any other description, not being land forming part of a road, or

(b)on any road being a footpath, bridleway or restricted byway,

he is guilty of an offence.

(2)For the purposes of subsection (1)(b) above, a way shown in a definitive map and statement as a footpath, bridleway or restricted byway is, without prejudice to section 56(1) of the M6Wildlife and Countryside Act 1981, to be taken to be a way of the kind shown, unless F866. . . the contrary is proved.

(3)It is not an offence under this section to drive a mechanically propelled vehicle on any land within fifteen yards of a road, being a road on which a motor vehicle may lawfully be driven, for the purpose only of parking the vehicle on that land.

(4)A person shall not be convicted of an offence under this section with respect to a vehicle if he proves to the satisfaction of the court that it was driven in contravention of this section for the purpose of saving life or extinguishing fire or meeting any other like emergency.

(5)It is hereby declared that nothing in this section prejudices the operation of—

(a)section 193 of the M7Law of Property Act 1925 (rights of the public over commons and waste lands), or

(b)any byelaws applying to any land,

or affects the law of trespass to land or any right or remedy to which a person may by law be entitled in respect of any such trespass or in particular confers a right to park a vehicle on any land.

(6)Subsection (2) above and section 34A of this Act do not extend to Scotland.

(7)In this section—

  • definitive map and statement” has the same meaning as in Part III of the M8Wildlife and Countryside Act 1981;

  • mechanically propelled vehicle” does not include a vehicle falling within paragraph (a), (b) or (c) of section 189(1) of this Act; and

  • restricted byway” means a way over which the public have restricted byway rights within the meaning of Part II of the Countryside and Rights of Way Act 2000, with or without a right to drive animals of any description along the way, but no other rights of way.]

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Extent Information

E7This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Amendments (Textual)

F85S. 34 substituted (30.1.2001) by 2000 c. 37, ss. 67, 103(2), Sch. 7 para. 5

Marginal Citations

Prospective

[F8634A Exceptions to presumption in section 34(2).E+W

(1)Where a person is charged with an offence under section 34 of this Act in respect of the driving of any vehicle, it is open to that person to prove under subsection (2) of that section that a way shown in a definitive map and statement as a footpath, bridleway or restricted byway is not a way of the kind shown only—

(a)if he proves to the satisfaction of the court—

(i)that he was a person interested in any land and that the driving of the vehicle by him was reasonably necessary to obtain access to the land,

(ii)that the driving of the vehicle by him was reasonably necessary to obtain access to any land, and was for the purpose of obtaining access to the land as a lawful visitor, or

(iii)that the driving of the vehicle by him was reasonably necessary for the purposes of any business, trade or profession; or

(b)in such circumstances as may be prescribed by regulations made by the Secretary of State (and paragraph (a) above is without prejudice to this paragraph).

(2)In subsection (1) above—

  • interest”, in relation to land, includes any estate in land and any right over land, whether the right is exercisable by virtue of the ownership of an estate or interest in land or by virtue of a licence or agreement, and in particular includes rights of common and sporting rights, and the reference to a person interested in land shall be construed accordingly;

  • lawful visitor”, in relation to land, includes any person who enters the land for any purpose in the exercise of a right conferred by law.]

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Amendments (Textual)

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 [F87or 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 [F88or 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 [F89or 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.

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Amendments (Textual)

F87Words 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

F88Words 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

F89Words 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)

F9036 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 Secretary of State under the provisions in that behalf of the M9Road 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 Secretary of State 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 [F91the Secretary of State for the Environment, Transport and the Regions], the Secretary of State for Wales and the Secretary of State for Scotland acting jointly may specify any traffic sign for the purposes of column 5 of the entry in Schedule 2 to the M10Road Traffic Offenders Act 1988 relating to offences under this section (offences committed by failing to comply with certain signs involve discretionary disqualification).

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Amendments (Textual)

F90By 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.

F91Words in s. 36(5) substituted (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. para. 10

Modifications etc. (not altering text)

C31S. 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)))

C32S. 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})

C33S. 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 [F92or 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 [F93or 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.

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Amendments (Textual)

F92Words in s. 37 inserted (E.W.) (4.10.2004 for E. and 1.5.2009 for W.) by Traffic Management Act 2004 (c. 18), ss. 6(3)(a), 99 (with s. 38); S.I. 2004/2380, art. 2(a); S.I. 2009/1095, art. 2

F93Words in s. 37 inserted (E.W.) (4.10.2004 for E. and 1.5.2009 for W.) by Traffic Management Act 2004 (c. 18), ss. 6(3)(b), 99 (with s. 38); S.I. 2004/2380, art. 2(a); S.I. 2009/1095, art. 2

Modifications etc. (not altering text)

C35S. 37 extended (S.) (21.3.1999) by S.I. 1999/854, art. 3(2)(b)

Promotion of road safetyE+W+S

38 The Highway Code.E+W+S

(1)The Highway Code shall continue to have effect, subject however to revision in accordance with the following provisions of this section.

(2)Subject to the following provisions of this section, the Secretary of State may from time to time revise the Highway Code by revoking, varying, amending or adding to the provisions of the Code in such manner as he thinks fit.

(3)Where the Secretary of State proposes to revise the Highway Code by making any alterations in the provisions of the Code (other than alterations merely consequential on the passing, amendment or repeal of any statutory provision) he must lay the proposed alterations before both Houses of Parliament and must not make the proposed revision until after the end of a period of forty days beginning with the day on which the alterations were so laid.

(4)If within the period mentioned in subsection (3) above either House resolves that the proposed alterations be not made, the Secretary of State must not make the proposed revision (but without prejudice to the laying before Parliament of further proposals for alteration in accordance with that subsection).

(5)Before revising the Highway Code by making any alterations in its provisions which are required by subsection (3) above to be laid before Parliament, the Secretary of State must consult with such representative organisations as he thinks fit.

(6)The Secretary of State must cause the Highway Code to be printed and may cause copies of it to be sold to the public at such price as he may determine.

(7)A failure on the part of a person to observe a provision of the Highway Code shall not of itself render that person liable to criminal proceedings of any kind but any such failure may in any proceedings (whether civil or criminal, and including proceedings for an offence under the Traffic Acts, the M11Public Passenger Vehicles Act 1981 or sections 18 to 23 of the M12Transport Act 1985) be relied upon by any party to the proceedings as tending to establish or negative any liability which is in question in those proceedings.

(8)In this section “the Highway Code” means the code comprising directions for the guidance of persons using roads issued under section 45 of the M13Road Traffic Act 1930, as from time to time revised under this section or under any previous enactment.

(9)For the purposes of subsection (3) above—

(a)statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the M14Interpretation Act 1978 (and the reference to the passing or repeal of any such provision accordingly includes the making or revocation of any such provision),

(b)where the proposed alterations are laid before each House of Parliament on different days, the later day shall be taken to be the day on which they were laid before both Houses, and

(c)in reckoning any period of forty days, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

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Marginal Citations

39 Powers of Secretary of State and local authorities as to giving road safety information and training.E+W+S

(1)The Secretary of State may, with the approval of the Treasury, provide for promoting road safety by disseminating information or advice relating to the use of roads.

[F94(2)Each relevant authority—

(a)if it is a local authority, must prepare and carry out a programme of measures designed to promote road safety, or

(b)if it is Transport for London, may prepare and carry out such a programme,

and may contribute towards the cost of measures for promoting road safety taken by other authorities or bodies.]

(3)[F95Each relevant authority—]

(a)must carry out studies into accidents arising out of the use of vehicles

[F96(i)if it is a local authority,] on roads or parts of roads, other than [F97GLA roads or][F98roads for which the Secretary of state is highway authority (in Scotland, roads authority)] within their area [F99or

(ii)if it is Transport for London, on GLA roads or parts of GLA roads,]

(b)must, in the light of those studies, take such measures as appear to the authority to be appropriate to prevent such accidents, including the dissemination of information and advice relating to the use of roads, the giving of practical training to road users or any class or description of road users, the construction, improvement, maintenance or repair of [F100roads for the maintenance of which they are responsible] and other measures taken in the exercise of their powers for controlling, protecting or assisting the movement of traffic on roads, and

(c)in constructing new roads, must take such measures as appear to the authority to be appropriate to reduce the possibilities of such accidents when the roads come into use.

[(3A)The duties imposed by subsection (3) above are without prejudice to the generality of subsection (2) above and—

(a)in the case of a local authority, are to be discharged in pursuance of their duty under subsection (2)(a) above; and

(b)in the case of Transport for London, are to be discharged by exercising their powers under subsection (2)(b) above.]

(4)In this section

  • [F101GLA road” has the same meaning as in the M15Highways Act 1980 (see sections 329(1) and 14D(1) of that Act);]

  • local authority” means—

    (a)

    in relation to England and Wales, the council of a county, metropolitan district or London borough or the Common Council of the City of London,

    (b)

    in relation to Scotland, a [F102council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

  • [F103relevant authority” means a local authority or Transport for London;].

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Amendments (Textual)

F94S. 39(2) substituted (3.7.2000) 1999 c. 29, s. 279(2), (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. III

F96Words in s. 39(3)(a) renumbered as s. 39(3)(a)(i) (3.7.2000) by 1999 c. 29, s. 279(4)(a) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. III

F99S. 39(3)(ii) and preceding word “or" added (3.7.2000) by 1999 c. 29, s. 279(4)(c) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. III

F100Words in s. 39(3)(b) substituted (1.11.1991) by New Roads and Streets Works Act 1991 (c. 22, SIF 107:1), s. 168(1), Sch. 8 para. 121 (3)(b)(with s. 25(2)); S.I. 1991/2286, art. 2(2), Sch. 2 (for Scotland); S.I. 1991/2288, art. 3, Sch. (for E.W.)

F101Definition of “GLA roads" in s. 39(4) inserted (3.7.2000) by 1999 c. 29, s. 279(6), (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. III

F102Words in s. 39(4)(b) substituted (S.) (1.4.1996) by 1994 C. 39, s. 180(1), Sch. 13 para. 159(4); S.I. 1996/323, art. 4(1)(b)(c)

F103Definition of “relevant authority" in s. 39(4) inserted (3.7.2000) by 1999 c. 29, s. 279(6), (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. III

Modifications etc. (not altering text)

C37S. 39: Transfer of functions (1.7.1999) by 1998 c. 46, ss. 53, 56(1)(i) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(1)

C38S. 39(1): functions exercisable by the Assembly are to run concurrently with the Secretary of state (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1; S.I. 1998/3178, art. 2(1)

Marginal Citations

[F10440Road safety grantsE+W

(1)A national transport authority may make payments to any local authority or any other authority or body for meeting the whole or part of the capital or running costs of any measures for promoting road safety.

(2)A “national transport authority” means—

(a)the Secretary of State acting with the approval of the Treasury, or

(b)the National Assembly for Wales.]

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Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Amendments (Textual)

F104S. 40 substituted (E.W.) (8.1.2007) by Road Safety Act 2006 (c. 49), ss. 1, 61(7)(a)

Modifications etc. (not altering text)

C39S. 40: transfer of functions (1.7.1999) by 1998 c. 46, ss. 53, 56(1)(i) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(1)

S. 40 modified (1.7.1999) by S.I. 1999/672, arts. 1, 2, Sch. 1

40 Powers of Secretary of State to subsidise bodies other then local authorities for giving road safety information and training.S

The Secretary of State may, with the approval of the Treasury, make out of monies provided by Parliament contributions towards the cost of measures for promoting road safety, being measures taken by F871. . . local authorities (within the meaning of section 39 of this Act) [F872or by other authorities or bodies].

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Extent Information

E8This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Amendments (Textual)

F871Words in s. 40 repealed (S.) (1.4.2001) by 2001 asp 2, s. 76(a) (with s. 66); S.S.I. 2001/132, art. 2, Sch. Pt. I

F872Words in s. 40 inserted (S.) (1.4.2001) by 2001 asp 2, s. 76(b) (with s. 66); S.S.I. 2001/132, art. 2, Sch. Pt. I

Modifications etc. (not altering text)

C39S. 40: transfer of functions (1.7.1999) by 1998 c. 46, ss. 53, 56(1)(i) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(1)

S. 40 modified (1.7.1999) by S.I. 1999/672, arts. 1, 2, Sch. 1

Part IIE+W+S+N.I. Construction and Use of Vehicles and Equipment

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Modifications etc. (not altering text)

[F105Using vehicle in dangerous conditionE+W+S

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Amendments (Textual)

F105S. 40A and cross heading inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 8(1); S.I. 1992/1286, art. 2,Sch.

F10640A Using vehicle in dangerous condition etc.E+W+S

A person is guilty of an offence if he uses, or causes or permits another to use, a motor vehicle or trailer on a road when—

(a)the condition of the motor vehicle or trailer, or of its accessories or equipment, or

(b)the purpose for which it is used, or

(c)the number of passengers carried by it, or the manner in which they are carried, or

(d)the weight, position or distribution of its load, or the manner in which it is secured,

is such that the use of the motor vehicle or trailer involves a danger of injury to any person.]

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Amendments (Textual)

Modifications etc. (not altering text)

C41S. 40A restricted (1.7.1992) by S.I. 1992/1217, regs.7,9 (with reg. 11).

General regulation of construction, use etc.E+W+S

41 Regulation of construction, weight, equipment and use of vehicles.E+W+S

(1)The Secretary of State may make regulations generally as to the use of motor vehicles and trailers on roads, their construction and equipment and the conditions under which they may be so used.

Subsections (2) to (4) below do not affect the generality of this subsection.

(2)In particular, the regulations may make provision with respect to any of the following matters—

(a)the width, height and length of motor vehicles and trailers and the load carried by them, the diameter of wheels, and the width, nature and condition of tyres, of motor vehicles and trailers,

(b)the emission or consumption of smoke, fumes or vapour and the emission of sparks, ashes and grit,

(c)noise,

(d)the maximum weight unladen of heavy locomotives and heavy motor cars, and the maximum weight laden of motor vehicles and trailers, and the maximum weight to be transmitted to the road or any specified area of the road by a motor vehicle or trailer of any class or by any part or parts of such a vehicle or trailer in contact with the road, and the conditions under which the weights may be required to be tested,

(e)the particulars to be marked on motor vehicles and trailers [F107(by means of the fixing of plates or otherwise) and the circumstances in which they are to be marked,],

(f)the towing of or drawing of vehicles by motor vehicles,

(g)the number and nature of brakes, and for securing that brakes, silencers and steering gear are efficient and kept in proper working order,

(h)lighting equipment and reflectors,

(j)the testing and inspection, by persons authorised by or under the regulations, of the brakes, silencers, steering gear, tyres, lighting equipment and reflectors of motor vehicles and trailers on any premises where they are (if the owner of the premises consents),

[F108(jj)speed limiters,]

(k)the appliances to be fitted for—

(i)signalling the approach of a motor vehicle, or

(ii)enabling the driver of a motor vehicle to become aware of the approach of another vehicle from the rear, or

(iii)intimating any intended change of speed or direction of a motor vehicle,

and the use of any such appliance, and for securing that any such appliance is efficient and kept in proper working order,

(l)for prohibiting the use of appliances fitted to motor vehicles for signalling their approach, being appliances for signalling by sound, at any times, or on or in any roads or localities, specified in the regulations.

(3)The Secretary of State may, as respects goods vehicles, make regulations under this section—

(a)prescribing other descriptions of weight which are not to be exceeded in the case of such vehicles,

F109(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F109(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)providing that weights of any description or other particulars which are to be marked on particular goods vehicles may be determined in accordance with regulations under section 49 of this Act.

(4)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.

[F110(4A)Regulations under this section with respect to speed limiters may include provision—

(a)as to the checking and sealing of speed limiters by persons authorised in accordance with the regulations and the making of charges by them,

(b)imposing or providing for the imposition of conditions to be complied with by authorised persons,

(c)as to the withdrawal of authorisations.]

(5)Different regulations may be made under this section 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 roads in different localities.

(6)In framing regulations under this section prescribing a weight of any description which is not to be exceeded in the case of goods vehicles of a class for which a certificate of conformity or Minister’s approval certificate may be issued under section 57 or 58 of this Act the Secretary of State must have regard to the design weight of the like description determined by virtue of section 54 of this Act for vehicles of that class and must secure that the first-mentioned weight does not exceed the design weight.

(7)In this Part of this Act—

  • construction and use requirements” means requirements, whether applicable generally or at specified times or in specified circumstances, imposed under this section,

  • plated particulars” means such particulars as are required to be marked on a goods vehicle in pursuance of regulations under this section by means of a plate,

  • plated weights” means such weights as are required to be so marked.

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Subordinate Legislation Made

P2S. 41 power exercised (20.9.1991) by S.I. 1991/2125 and (3.12.1991) by S.I. 1991/2710

P3S. 41(1)(2)(5): s. 41(1) (with s. 41(2) and (5)) power exercised (4.7.1991) by S.I. 1991/1526

P4S. 41(1)(5): s. 41(1) (with s. 41(5)) power exercised (4.7.1991) by S.I. 1991/1527 and (5.9.1991) by S.I. 1991/2003

Amendments (Textual)

[F11141A Breach of requirement as to brakes, steering-gear or tyres.E+W+S

A person who—

(a)contravenes or fails to comply with a construction and use requirement as to brakes, steering-gear or tyres, or

(b)uses on a road a motor vehicle or trailer which does not comply with such a requirement, or causes or permits a motor vehicle or trailer to be so used,

is guilty of an offence.]

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Amendments (Textual)

[F11241B Breach of requirement as to weight: goods and passenger vehicles.E+W+S

(1)A person who—

(a)contravenes or fails to comply with a construction and use requirement as to any description of weight applicable to—

(i)a goods vehicle, or

(ii)a motor vehicle or trailer adapted to carry more than eight passengers, or

(b)uses on a road a vehicle which does not comply with such a requirement, or causes or permits a vehicle to be so used,

is guilty of an offence.

(2)In any proceedings for an offence under this section in which there is alleged a contravention of or failure to comply with a construction and use requirement as to any description of weight applicable to a goods vehicle, it shall be a defence to prove either—

(a)that at the time when the vehicle was being used on the road—

(i)it was proceeding to a weighbridge which was the nearest available one to the place where the loading of the vehicle was completed for the purpose of being weighed, or

(ii)it was proceeding from a weighbridge after being weighed to the nearest point at which it was reasonably practicable to reduce the weight to the relevant limit, without causing an obstruction on any road, or

(b)in a case where the limit of that weight was not exceeded by more than 5 per cent.—

(i)that that limit was not exceeded at the time when the loading of the vehicle was originally completed, and

(ii)that since that time no person has made any addition to the load.]

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Amendments (Textual)

Prospective

[F11341CBreach of requirement as to speed assessment equipment detection devicesE+W+S

A person who—

(a)contravenes or fails to comply with a construction or use requirement as to speed assessment equipment detection devices, or

(b)uses on a road a motor vehicle or trailer which does not comply with such a requirement, or causes or permits a motor vehicle or trailer to be so used,

is guilty of an offence.]

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Amendments (Textual)

[F11441DBreach of requirements as to control of vehicle, mobile telephones etc.E+W+S

A person who contravenes or fails to comply with a construction and use requirement—

(a)as to not driving a motor vehicle in a position which does not give proper control or a full view of the road and traffic ahead, or not causing or permitting the driving of a motor vehicle by another person in such a position, or

(b)as to not driving or supervising the driving of a motor vehicle while using a hand-held mobile telephone or other hand-held interactive communication device, or not causing or permitting the driving of a motor vehicle by another person using such a telephone or other device,

is guilty of an offence.]

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Amendments (Textual)

[F11542 Breach of other construction and use requirements.E+W+S

A person who—

(a)contravenes or fails to comply with any construction or use requirement other than one within section 41A(a) or 41B(1)(a) [F116or 41D] of this Act, or

(b)uses on a road a motor vehicle or trailer which does not comply with such a requirement, or causes or permits a motor vehicle or trailer to be so used,

is guilty of an offence.]

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Amendments (Textual)

43 Temporary exemption from application of regulations under section 41.E+W+S

(1)Subject to subsections (2) to (4) below, where any regulations under section 41 of this Act contain provisions varying the requirements as regards the construction or weight of any class of vehicles, provision shall be made by the regulations for exempting from those provisions for such period, not being less than five years, as may be specified in the regulations any vehicle of that class registered under [F117the Vehicle Excise and Registration Act 1994] before the expiration of one year from the making of the regulations.

(2)No such provision contained in regulations under section 41 as imposes or varies requirements with respect to the braking systems with which motor vehicles must be equipped shall be taken, for the purposes of subsection (1) above or of any other provision of the regulations, to be one relating to the construction of vehicles.

(3)Where regulations under section 41 contain provisions varying the requirements as regards the construction or weight of any class of vehicle, and the Secretary of State is satisfied—

(a)that it is requisite that those provisions shall apply at a date specified in the regulations to vehicles registered before the expiration of one year from the making of the regulations, or to such of them as are specified in the regulations, and

(b)that no undue hardship or inconvenience will be caused by their application then to those vehicles,

then, if the regulations state that the Secretary of State is so satisfied, subsection (1) above shall not apply in relation to those provisions.

(4)Subsection (1) above shall not apply in relation to—

(a)regulations made with respect to any description of weight of goods vehicles, other than their maximum unladen weight, or

(b)regulations made by virtue of section 41(3) of this Act.

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Amendments (Textual)

F117Words in s. 43(1) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1) (with s. 57(4))

44 Authorisation of use on roads of special vehicles not complying with regulations under section 41.E+W+S

(1)The Secretary of State may by order authorise, subject to such restrictions and conditions as may be specified by or under the order, the use on roads—

(a)of special motor vehicles or trailers, or special types of motor vehicles or trailers, which are constructed either for special purposes or for tests or trials,

(b)of vehicles or trailers, or types of vehicles or trailers, constructed for use outside the United Kingdom,

(c)of new or improved types of motor vehicles or trailers, whether wheeled or wheelless, or of motor vehicles or trailers equipped with new or improved equipment or types of equipment, and

(d)of vehicles or trailers carrying loads of exceptional dimensions,

[F118and sections 40A to 42 of this Act shall not apply in relation to] the use of such vehicles, trailers, or types in accordance with the order.

(2)The Secretary of State may by order make provision for securing that, subject to such restrictions and conditions as may be specified by or under the order, regulations under section 41 of this Act shall have effect in their application to such vehicles, trailers and types of vehicles and trailers as are mentioned in subsection (1) above subject to such modifications or exceptions as may be specified in the order.

(3)The powers conferred by this section on the Secretary of State to make orders shall be exercisable by statutory instrument except in the case of orders applying only to specified vehicles or to vehicles of specified persons, but in that excepted case (as in others) the order may be varied or revoked by subsequent order of the Secretary of State.

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Amendments (Textual)

Tests of vehicles other than goods vehicles to which section 49 appliesE+W+S

45 Tests of satisfactory condition of vehicles.E+W+S

(1)This section applies to motor vehicles other than goods vehicles which are required by regulations under section 49 of this Act to be submitted for a vehicle test under that section and has effect for the purpose of ascertaining whether the [F119 following requirements are complied with, namely—

(a)the prescribed statutory requirements relating to the construction and condition of motor vehicles or their accessories or equipment, and

(b)the requirement that the condition of motor vehicles should not be such that their use on a road would involve a danger of injury to any person.]

(2)The Secretary of State may by regulations make provision—

(a)for the examination of vehicles submitted for examination under this section, and

(b)for the issue, where it is found on such an examination that the requirements mentioned in subsection (1) above are complied with, of a certificate (in this Act referred to as a “test certificate") that at the date of the examination the requirements were complied with in relation to the vehicle.

(3)Examinations for the purposes of this section shall be carried out by—

(a)persons, not being officers of the Secretary of State, authorised for those purposes by the Secretary of State (in this section and section 46 of this Act referred to as “authorised examiners”),

[F120(za)individuals who are nominated by, and act under the supervision of, authorised examiners and are approved by the Secretary of State (in this section and section 46 of this Act referred to as “nominated testers”),]

[F121(b)examiners appointed under section 66A of this Act]

[F122(c)inspectors who are—

(i)appointed by any council designated by the Secretary of State for the purposes of this section and section 46 of this Act, being the council of a county, district or London borough or the Common Council of the City of London or a council constituted under section 2 of the M16Local Government etc. (Scotland) Act 1994, and

(ii)approved by the Secretary of State.]

(4)Where a test certificate is refused, [F123the person carrying out the examination]must issue a notification of the refusal stating the grounds of the refusal, and a person aggrieved by the refusal or the grounds of the refusal may appeal to the Secretary of State.

(5)On any such appeal the Secretary of State must cause a further examination to be made and either issue a test certificate or issue a notification of the refusal stating the grounds of the refusal.

(6)For the purposes of their functions under this section the Secretary of State or a council designated for the purposes of this section may provide and maintain—

(a)stations where examinations under this section may be carried out, and

(b)apparatus for carrying out such examinations.

[F124(6A)The Secretary of State may provide, or make arrangements for the provision of, courses of instruction in connection with the carrying out of examinations under this section; and may charge prescribed fees in respect of attendance on such courses.

(6B)The Secretary of State shall maintain, or cause to be maintained, records containing such particulars as he thinks fit of—

(a)vehicles submitted for examination under this section, and

(b)the carrying out of and the results of the examinations.]

(7)The Secretary of State may make regulations under this section for the purpose of giving effect to this section and for prescribing anything authorised by this section and section 46 of this Act to be prescribed.

(8)In its application to vehicles in which recording equipment is required by Article 3 of the Community Recording Equipment Regulation to be installed and used, this section shall have effect as if any reference to prescribed statutory requirements relating to the construction and condition of motor vehicles or their accessories or equipment included a reference to the prescribed requirements of so much of that Regulation as relates to the installation of recording equipment and the seals to be fixed to such equipment.

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Subordinate Legislation Made

P5S. 45 (with ss. 46 and 47(5)): power exercised by S.I. 1991/253

S. 45 (with s. 46): power exercised by S.I. 1991/455

For previous exercises of power under s. 45 see Index to Government Orders

P6S. 45: s. 45 (with s. 46) power exercised (4.7.1991) by S. I. 1991/1525 and (7.10.1991) by S.I. 1991/2229

P7S. 45 (with s. 46) power exercised (9.12.1991) by S.I. 1991/2791

Amendments (Textual)

F123Words in s. 45(4) substituted (11.4.2003) by 1999 c. 12, s. 1(2), 9(2); S.I. 2003/1095, art. 2

F124S. 45(6A)(6B) inserted (1.6.2001 for certain purposes and otherwise 11.4.2003) by 1999 c. 12, ss. 1(3), 9(2); S.I. 2001/1896, art. 2(1); S.I. 2003/1095, art. 2

Marginal Citations

[F12546 Regulations under section 45.E+W+S

(1)Regulations under section 45 of this Act may, in particular, make provision as to—

(a)the authorisation of examiners, the nomination and approval of nominated testers, the appointment and approval of inspectors and the designation of councils in accordance with subsection (3) of that section,

(b)the imposition of conditions to be complied with by the persons referred to in paragraph (a) above,

(c)the circumstances in which a person ceases to be an authorised examiner, a nominated tester or an inspector or in which a council ceases to be designated,

(d)the manner in which, conditions under which and apparatus with which examinations are carried out, the maintenance of that apparatus in an efficient state, and the inspection of premises at which and apparatus with which examinations are being, or are to be, carried out,

(e)the supervision of examinations and of the premises at which examinations are carried out,

(f)the manner in which applications may be made for the examination of vehicles under section 45 of this Act, the manner in which and time within which appeals may be brought under subsection (4) of that section, the information to be supplied and documents to be produced on such an application, examination or appeal, the fees to be paid on such an application or appeal, and the repayment of the whole or part of the fee paid on such an appeal where it appears to the Secretary of State that there were substantial grounds for contesting the whole or part of the decision appealed against,

(g)the form of, and particulars to be contained in, test certificates and notifications of the refusal of test certificates and the conditions which must be satisfied before such certificates and notifications may be issued,

(h)the issue of duplicates or copies of test certificates and the fees to be paid on applications for such duplicates or copies,

(i)the correction of errors in test certificates,

(j)the charges to be paid by authorised examiners or designated councils to the Secretary of State in connection with—

(i)the issue of test certificates or notifications of the refusal of test certificates,

(ii)the issue of duplicates or copies of test certificates, and

(iii)the correction of errors in test certificates,

(k)the keeping by authorised examiners and designated councils of registers of test certificates in the prescribed form and containing the prescribed particulars, and the inspection of such registers by such persons and in such circumstances as may be prescribed, and

(l)the keeping of records by authorised examiners and designated councils and the providing by them of returns and information to the Secretary of State.

(2)The conditions which may be imposed by virtue of subsection (1)(b) above include conditions—

(a)relating to the successful completion of courses of instruction provided under section 45(6A) of this Act, and

(b)requiring the payment of prescribed fees to the Secretary of State in respect of applications for, or the continuation of, the Secretary of State’s authorisation, approval or designation.

(3)The provision which may be made by virtue of subsection (1)(e) above includes provision—

(a)requiring supervision to be provided by individuals who are nominated by authorised examiners or designated councils, in respect of particular premises, and are approved by the Secretary of State (in this subsection referred to as “nominated supervisors”),

(b)as to the imposition of conditions (including conditions described in subsection (2) above) to be complied with by any nominated supervisor, and

(c)as to the circumstances in which a person ceases to be a nominated supervisor.

(4)The provision which may be made by virtue of subsection (1)(j) above includes provision requiring—

(a)the making to the Secretary of State at prescribed times of payments, of such amounts as may be determined by him in accordance with the regulations, on account of charges that may become payable, and

(b)where forms for test certificates and notifications of the refusal of test certificates are supplied by the Secretary of State, the payment to him of charges for the supply of such forms;

and for the repayment, in prescribed circumstances, of such payments received by the Secretary of State.

(5)Regulations under section 45 of this Act may provide for the Secretary of State to make available for use by prescribed persons any particulars contained in the records maintained under section 45(6B) of this Act on payment, in prescribed cases, of a fee of such amount as appears to the Secretary of State to be reasonable in the circumstances of the case.

(6)Regulations under section 45 of this Act may also provide for the sale of particulars contained in, or information derived from, those records—

(a)to such persons as the Secretary of State thinks fit, and

(b)for such price and on such other terms, and subject to such restrictions, as he thinks fit;

if those particulars do not (or that information does not) identify the premises at which any examination was carried out or any person concerned with the carrying out of the examination.

(7)Regulations under that section may—

(a)make different provision in relation to different cases or classes of cases, and

(b)contain such incidental, supplemental or transitional provisions or savings as the Secretary of State thinks fit.]

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Amendments (Textual)

F125S. 46 substituted (11.4.2003) by 1999 c. 12 , ss. 2, 9(2); S.I. 2003/1095, art. 2

[F12646A Use of records of vehicle examinations, etc.E+W+S

(1)This section applies to—

(a)the records maintained by the Secretary of State (or caused by him to be maintained) under section 45(6B) of this Act, and

(b)the records maintained by the Secretary of State in connection with any functions exercisable by him under or by virtue of the M17Vehicle Excise and Registration Act 1994.

(2)The Secretary of State may use the information contained in records falling within either paragraph of subsection (1) above—

(a)to check the accuracy of the records falling within the other paragraph of that subsection, and

(b)where appropriate, to amend or supplement information contained in those records.

(3)The Secretary of State may also use the information contained in records falling within paragraph (b) of that subsection for the purpose of promoting compliance with section 47 of this Act.

(4)This section does not limit any powers of the Secretary of State apart from this section.]

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Amendments (Textual)

Marginal Citations

[F12746B Evidence from records of vehicle examinations.E+W+S

(1)A statement to which this section applies is admissible in any proceedings as evidence (or, in Scotland, sufficient evidence) of any fact stated in it with respect to—

(a)the issue of a test certificate in respect of a vehicle, and

(b)the date of issue of such a certificate,

to the same extent as oral evidence of that fact is admissible in the proceedings.

(2)This section applies to a statement contained in a document purporting to be—

(a)a part of the records maintained under section 45(6B) of this Act,

(b)a copy of a document forming part of those records, or

(c)a note of any information contained in those records,

and to be authenticated by a person authorised to do so by the Secretary of State.

(3)In this section as it has effect in England and Wales—

  • document” means anything in which information of any description is recorded;

  • copy”, in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly; and

  • statement” means any representation of fact, however made.

(4)In this section as it has effect in Scotland, “document” and “statement” have the same meanings as in section 17(3) of the M18Law Reform (Miscellaneous Provisions) (Scotland) Act 1968, and the reference to a copy of a document shall be construed in accordance with section 17(4) of that Act.

(5)Nothing in subsection (4) above limits to civil proceedings the reference to proceedings in subsection (1) above.]

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Amendments (Textual)

F127S. 46B inserted (11.4.2003) by 1999 c. 12, ss. 4, 9(2); S.I. 2003/1095, art. 2

Marginal Citations

47 Obligatory test certificates.E+W+S

(1)A person who uses on a road at any time, or causes or permits to be so used, a motor vehicle to which this section applies, and as respects which no test certificate has been issued within the appropriate period before that time, is guilty of an offence.

In this section and section 48 of this Act, the “appropriate period” means a period of twelve months or such shorter period as may be prescribed.

(2)Subject to subsections (3) and (5) below, the motor vehicles to which this section applies at any time are—

(a)those first registered [F128under the Vehicle Excise and Registration Act 1994 or any corresponding earlier legislation], not less than three years before that time, and

(b)those which, having a date of manufacture not less than three years before that time, have been used on roads (whether in Great Britain or elsewhere) before being [F129so registered],

being, in either case, motor vehicles other than goods vehicles which are required by regulations under section 49 of this Act to be submitted for a goods vehicle test.

(3)As respects a vehicle being—

(a)a motor vehicle used for the carriage of passengers and with more than eight seats, excluding the driver’s seat, or

(b)a taxi (as defined in section 64 (3) of the M19Transport Act 1980), being a vehicle licensed to ply for hire, or

(c)an ambulance, that is to say, a motor vehicle which is constructed or adapted, and primarily used, for the carriage of persons to a place where they will receive, or from a place where they have received, medical or dental treatment, and which, by reason of design, marking or equipment is readily identifiable as a vehicle so constructed or adapted,

subsection (2)(a) above shall have effect as if for the period there mentioned there were substituted a period of one year.

[F130(4)For the purposes of subsection (2)(b) above there shall be disregarded—

(a)the use of a vehicle before it is sold or supplied by retail, and

(b)the use of a vehicle to which a motor dealer has assigned a mark under [F131section 24 of the Vehicle Excise and Registration Act 1994] before it is registered by the Secretary of State under [F132section 21(2)] of that Act.]

(5)This section does not apply to vehicles of such classes as may be prescribed.

(6)The Secretary of State may by regulations exempt from subsection (1) above the use of vehicles for such purposes as may be prescribed.

(7)The Secretary of State may by regulations exempt from subsection (1) above the use of vehicles in any such area as may be prescribed.

(8)For the purposes of this section the date of manufacture of a vehicle shall be taken to be the last day of the year during which its final assembly is completed, except where after that day modifications are made to the vehicle before it is sold or supplied by retail, and in that excepted case shall be taken to be the last day of the year during which the modifications are completed.

(9)The Secretary of State may by order made by statutory instrument direct that subsection (2) above shall have effect with the substitution, for three years (in both places), of such other period (not being more than ten years) as may be specified in the order.

An order under this subsection shall not have effect unless approved by resolution of each House of Parliament.

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Subordinate Legislation Made

P8S. 47 for previous exercises of power see Index to Government Orders

P9S. 45 (with ss. 46 and 47(5)) power exercised by S. I. 1991/253

Amendments (Textual)

F128Words in s. 47(2)(a) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(2)(a) (with s. 57(4))

F129Words in s. 47(2)(b) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(2)(b) (with s. 57(4))

F130S. 47(4) substituted (1.6.1994) by 1994 c. 9, s. 5, Sch. 2 paras. 25, 29

F131Words in s. 47(4)(b) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(2)(c)(i) (with s. 57(4))

F132Words in s. 47(4)(b) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(2)(c)(ii) (with s. 57(4))

Marginal Citations

48 Supplementary provisions about test certificates.E+W+S

(1)For the purpose of spreading the work of issuing certificates in contemplation of a change in—

(a)the length of the appropriate period, or

(b)the length of the period specified in section 47(2)(a) and (b) of this Act,

(and whether for the purposes of that section or section 66 of this Act), the order or, as the case may be, regulations changing the length of that period may be made so as to come into operation on different days as respects vehicles first registered under any of the enactments mentioned in section 47(2) of this Act at different times.

[F133(1A)A test certificate issued in respect of a vehicle within the period of one month ending immediately before the date on which section 47 of this Act first applies to the vehicle shall be treated for the purposes of that section as if issued at the end of that period.]

(2)Where—

(a)within the appropriate period after a test certificate is issued or treated for the purposes of section 47 of this Act as issued, but

(b)not earlier than one month before the end of that period,

a further test certificate is issued as respects the same vehicle, the further certificate shall be treated for the purposes of that section as if issued at the end of the appropriate period.

(3)Where the particulars contained in a test certificate in accordance with regulations made under section 45 of this Act include a date of expiry falling later, but not more than one month later, than the end of the appropriate period after the date on which it is issued—

(a)the certificate shall be deemed to have been issued in respect of the same vehicle as an earlier test certificate, and

(b)the date on which it was issued shall be deemed to have been a date falling within the last month of the appropriate period after the date on which that earlier certificate was issued or treated for the purposes of section 47 of this Act as issued;

and any date of expiry contained in a test certificate shall be deemed to have been entered in accordance with regulations under section 45 of this Act unless the contrary is proved.

(4)The Secretary of State may by regulations make provision for the issue, in such circumstances as may be prescribed, of a certificate of temporary exemption in respect of a public service vehicle adapted to carry more than eight passengers, exempting that vehicle from the provisions of section 47(1) of this Act for such period as may be specified in the certificate.

(5)In relation to any public service vehicle so adapted—

(a)subsections [F134(1A),] (2) and (3) above shall have effect as if for “one month” (in [F135each place]) there were substituted “two months”, and

(b)subsection (3) above shall have effect as if for “last month” there were substituted “last two months”.

F136(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F133S. 48(1A) inserted (1.7.1996) by S.I. 1996/1700, art. 2(2)

F134Words in s. 48(5)(a) inserted (1.7.1996) by S.I. 1996/1700, art. 2(3)(a)

F135Words in s. 48(5)(a) substituted (1.7.1996) by S.I. 1996/1700, art. 2(3)(b)

Tests of certain classes of goods vehiclesE+W+S

49 Tests of satisfactory condition of goods vehicles and determination of plated weights, etc.E+W+S

(1)The Secretary of State may by regulations make provision for the examination of goods vehicles of any prescribed class—

(a)for the purpose of selecting or otherwise determining plated weights or other plated particulars for goods vehicles of that class, or

(b)for the purpose of ascertaining whether any prescribed construction and use requirements (whether relating to plated particulars or not) are complied with in the case of goods vehicles of that class, [F137or

(c)for the purpose of ascertaining whether the condition of the vehicle is such that its use on a road would involve a danger of injury to any person,

or for any of those purposes.]

(2)In particular the regulations may make provision—

(a)for the determination, according to criteria or by methods prescribed by or determined under the regulations, of the plated particulars for a goods vehicle (including its plated weights), on an examination of the vehicle for the purpose, and for the issue on such an examination, except as provided by regulations made by virtue of paragraph (c) of this subsection, of a certificate (in this Act referred to as a “plating certificate") specifying those particulars,

(b)for the issue, for a goods vehicle which has been found on examination for the purpose to comply with the prescribed construction and use requirements [F138and the requirement that the condition of the vehicle is not such that its use on a road would involve a danger of injury to any person], of a certificate (in this Act referred to as a “goods vehicle test certificate") stating that the vehicle has been found so to comply, and

(c)for the refusal of a goods vehicle test certificate for a goods vehicle which is so found not to comply with those requirements and for requiring a written notification to be given—

(i)of any such refusal, and

(ii)of the grounds of the refusal,

and for the refusal of a plating certificate where a goods vehicle test certificate is refused.

(3)References in subsections (1) and (2) above to construction and use requirements shall be construed—

(a)in relation to an examination of a vehicle solely for the purpose of ascertaining whether it complies with any such requirements, as references to such of those requirements as are applicable to the vehicle at the time of the test, and

(b)in relation to an examination of a vehicle both for that purpose and for the purpose of determining its plated particulars, as references to such of those requirements as will be applicable to the vehicle if a plating certificate is issued for it.

(4)In this Part of this Act—

  • examination for plating” means an examination under regulations under this section for the purpose of determining plated particulars for a goods vehicle, and

  • goods vehicle test” means an examination under regulations under this section for the purpose of ascertaining whether any prescribed construction and use requirements [F139, or the requirement that the condition of the vehicle is not such that its use on a road would involve a danger of injury to any person,] are complied with in the case of a goods vehicle.

(5)In its application to vehicles in which recording equipment is required by Article 3 of the Community Recording Equipment Regulation to be installed and used, this section shall have effect as if any reference to prescribed construction and use requirements included a reference to prescribed requirements of so much of that Regulation as relates to the installation of recording equipment and the seals to be fixed to such equipment.

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Subordinate Legislation Made

P10S. 49 (with s. 51(1)) power exercised by S.I. 1991/252.

S. 49 (with s. 51(1)) power exercised by S.I. 1991/454

S. 49: for exercises of this power see Index to Government Orders.

Amendments (Textual)

Prospective

[F14049AUse of records of goods vehicle examinations, etc.E+W+S

(1)This section applies to—

(a)the records maintained by the Secretary of State (or caused by him to be maintained) under section 49(3A) of this Act, and

(b)the records maintained by the Secretary of State in connection with any functions exercisable by him under or by virtue of the Vehicle Excise and Registration Act 1994.

(2)The Secretary of State may use the information contained in records falling within either paragraph of subsection (1) above—

(a)to check the accuracy of the records falling within the other paragraph of that subsection, and

(b)where appropriate, to amend or supplement information contained in those records.

(3)The Secretary of State may also use the information contained in records falling within paragraph (b) of that subsection for the purpose of promoting compliance with section 53 of this Act.

(4)This section does not limit any powers of the Secretary of State apart from this section.]

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Amendments (Textual)

50 Appeals against determinations.E+W+S

(1)Any person aggrieved by a determination made on an examination under regulations under section 49 of this Act by the person in charge of the examination may appeal to [F141the Secretary of State].

F142(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F142(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)On the appeal the Secretary of State must cause the vehicle to be re-examined by an officer appointed by him for the purpose and must make such determination on the basis of the re-examination as he thinks fit.

(5)Regulations under section 49 of this Act may make the like provision in relation to a determination on an appeal under this section as they make in relation to a determination on an examination under the regulations.

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Amendments (Textual)

51 Particular aspects of regulations under section 49.E+W+S

(1)Without prejudice to the generality of subsection (1) of section 49 of this Act, regulations under that section may—

(a)require or authorise goods vehicles to which the regulations apply to be submitted for examination under the regulations and, in particular—

(i)require any such vehicle to be submitted for a goods vehicle test at periodic intervals, and

(ii)require or authorise any such vehicle to be submitted for re-examination on the making of any prescribed alteration to it or its equipment and, for the purpose of determining whether any such re-examination is necessary, require any such alteration to be notified to the Secretary of State [F143or the prescribed testing authority], and

(iii)require any such vehicle to be submitted for examination or re-examination for any purpose of plating or certification,

[F144(aa)require the payment of a fee on any notification of any alteration to a vehicle or its equipment which is required by the regulations to be notified to the Secretary of State or the prescribed testing authority;]

(b)authorise any examination under the regulations to be carried out by or under the direction of a F145. . . vehicle examiner [F146or an authorised inspector],

(c)prescribe the conditions subject to which vehicles will be accepted for such examination and, without prejudice to that—

(i)authorise any person by whom an examination of the vehicle under the regulations or section 50 of this Act is carried out to drive the vehicle, whether on a road or elsewhere, and

(ii)require that a driver of a vehicle examined under those regulations or that section is, except so far as permitted to be absent by the person carrying out the examination, present throughout the whole of the examination and drives the vehicle when directed to do so, and operates the controls in accordance with any directions given to him, by that person,

(d)require the plating certificate for any vehicle to which the regulations apply to specify any alteration to the vehicle or its equipment which is required by the regulations to be notified to the Secretary of State [F147or the prescribed testing authority],

(e)authorise the amendment of a plating certificate or the issue of a different plating certificate on the re-examination of any vehicle,

(f)provide for the period of validity of goods vehicle test certificates,

(g)specify the manner in which, and the time before or within which, applications may be made for the examination of vehicles under the regulations or appeals may be brought under section 50 of this Act and the information to be supplied and documents to be produced on any such application, examination or appeal,

(h)make provision as to the fees to be paid on any such application [F148examination]or appeal and as to the repayment of the whole or part of any fee paid on such an appeal where it appears to the Secretary of State that there were substantial grounds for contesting the whole or part of the determination appealed from,

(j)make provision as to the form of, and particulars to be contained in, plating certificates and goods vehicle test certificates and notifications of the refusal of the latter certificates,

(k)provide for the issue of replacements for plates marked with plated particulars, plating certificates and goods vehicle test certificates which have been lost or defaced and for the payment of a fee for their issue,

(l)exempt prescribed classes of vehicles from all or any of the provisions of the regulations either generally or in prescribed circumstances,

(m)make different provision for different cases.

(2)Regulations under section 49 of this Act may provide that a person who contravenes or fails to comply with a requirement of regulations imposed by virtue of subsection (1)(c)(ii) above is guilty of an offence.

(3)In this section any reference to the driving of a vehicle is, in relation to a trailer, a reference to the driving of the vehicle by which the trailer is drawn.

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Subordinate Legislation Made

P11Ss. 49 and 51 power exercised by S.I. 1991/252.

S. 49 (with s. 51(1)) power exercised by S.I. 1991/454

S. 51: for exercises of this power see Index to Government Orders.

Amendments (Textual)

52 Supplementary provisions about tests, etc., of goods vehicles.E+W+S

(1)Without prejudice to any regulations made under section 49 of this Act by virtue of section 51(1)(c) of this Act, the Secretary of State may give directions with respect to the manner in which examinations under regulations under section 49 or under section 50 of this Act are to be carried out.

(2)The Secretary of State may provide and maintain stations where examinations of goods vehicles under regulations under section 49 or under section 50 of this Act may be carried out and may provide and maintain the apparatus for carrying out such examinations.

53 Obligatory goods vehicle test certificates.E+W+S

(1)If any person at any time on or after the relevant date—

(a)uses on a road a goods vehicle of a class required by regulations under section 49 of this Act to have been submitted for examination for plating, or

(b)causes or permits to be used on a road a goods vehicle of such a class,

and at that time there is no plating certificate in force for the vehicle, he is guilty of an offence.

In this subsection “relevant date”, in relation to any goods vehicle, means the date by which it is required by the regulations to be submitted for examination for plating.

(2)If any person at any time on or after the relevant date—

(a)uses on a road a goods vehicle of a class required by regulations under section 49 of this Act to have been submitted for a goods vehicle test, or

(b)causes or permits to be used on a road a goods vehicle of such a class,

and at that time there is no goods vehicle test certificate in force for the vehicle, he is guilty of an offence.

In this subsection “relevant date”, in relation to any goods vehicle, means the date by which it is required by the regulations to be submitted for its first goods vehicle test.

(3)Any person who—

(a)uses a goods vehicle on a road, or

(b)causes or permits a goods vehicle to be so used,

when an alteration has been made to the vehicle or its equipment which is required by regulations under section 49 of this Act to be, but has not been, notified to the Secretary of State [F149or the prescribed testing authority] is guilty of an offence.

(4)In any proceedings for an offence under subsection (3) above, it shall be a defence to prove that the alteration was not specified in the relevant plating certificate in accordance with regulations under section 49 of this Act.

(5)The Secretary of State may by regulations—

(a)exempt from all or any of the preceding provisions of this section the use of goods vehicles for such purposes or in such an area as may be prescribed, and

(b)make provision for the issue in respect of a vehicle in such circumstances as may be prescribed of a certificate of temporary exemption exempting that vehicle from the provisions of subsection (1) or (2) above for such period as may be specified in the certificate.

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Amendments (Textual)

Approval of design, construction, equipment and marking of vehiclesE+W+S

54 Type approval requirements.E+W+S

(1)Without prejudice to section 41 of this Act, the Secretary of State may by regulations prescribe requirements (in this Part of this Act referred to as “type approval requirements”)—

(a)with respect to the design, construction, equipment and marking of vehicles of any class, being requirements which are applicable before, whether or not they are applicable after, vehicles of that class are used on a road,

(b)with respect to the design, construction, equipment and marking of vehicle parts of any class, being requirements which are applicable before, whether or not they are applicable after, vehicle parts of that class are fitted to a vehicle used on a road.

(2)Regulations under this section may provide for the determination, according to criteria or by methods prescribed by or determined under the regulations, of weights of any description which in the opinion of the Secretary of State should not be exceeded in the case of vehicles of any class.

(3)In this Part of this Act references to design weights shall be construed as references to weights determined by virtue of subsection (2) above.

(4)Subject to subsection (5) below, the following provisions of this Act to the end of section 60 apply in relation to parts of vehicles as they apply in relation to vehicles and, accordingly, any reference in those provisions to a vehicle, other than a reference to a goods vehicle, is to be read as including a reference to a vehicle part.

(5)Any provision which relates solely to goods vehicles or design weights does not apply in relation to parts of vehicles, but particular exclusions in those provisions do not affect the generality of this exclusion.

(6)In this Part of this Act, “the relevant aspects of design, construction, equipment and marking”, in relation to any vehicle, means those aspects of design, construction, equipment and marking which are subject to the type approval requirements or which were used as criteria in determining design weights for that vehicle.

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Subordinate Legislation Made

P12S. 54: for previous exercises of power see Index to Government Orders

P13S. 54(1): s. 54(1)(with s. 61) power exercised (16.4.1991) by S.I. 1991/1021

S. 54(1): s. 54(1)(with s. 61) power exercised (16.4.1991) by S.I.1991/1022 and (3.9.1991) by S.I.1991/1970 and1991/1971

Modifications etc. (not altering text)

C42S. 54 modified (1.7.1997) by S.I. 1996/3013, regs. 4(4), 6(4)

55 Type approval certificates.E+W+S

(1)Where the Secretary of State is satisfied on application made to him by the manufacturer of a vehicle of a class to which regulations under section 54 of this Act apply and after examination of the vehicle—

(a)that the vehicle complies with the relevant type approval requirements, and

(b)that adequate arrangements have been made to secure that other vehicles purporting to conform with that vehicle in the relevant aspects of design, construction, equipment and marking will so conform in all respects or with such variations as may be permitted,

he may approve that vehicle as a type vehicle.

(2)Where the Secretary of State approves a vehicle as a type vehicle he must issue a certificate (in this Part of this Act referred to as a “type approval certificate”) stating that the vehicle complies with the relevant type approval requirements and specifying—

(a)the permitted variations from the type vehicle, and

(b)the design weights for vehicles so conforming in all respects and for vehicles so conforming with any such variations.

(3)In the following provisions of this section and in sections 56 to 59 of this Act “conform” means conform in all respects or with any permitted variation.

(4)Subject to subsection (6) below, a type approval certificate may be issued for a type vehicle where the Secretary of State is satisfied that one or more, but not all, of the relevant type approval requirements are complied with in the case of that vehicle.

(5)A further type approval certificate may be issued by virtue of subsection (4) above on the application of any person—

(a)who manufactures any part of the vehicle, or

(b)by whom the vehicle is finally assembled;

and references in the following provisions of this section and in sections 56 to 59 of this Act to a manufacturer shall be construed accordingly.

(6)The first type approval certificate issued for a type vehicle by virtue of subsection (4) above must specify the design weights for conforming vehicles, and accordingly—

(a)so much of subsection (2) above or section 57 (1) to (3) of this Act as requires the Secretary of State [F150or the prescribed testing authority]or a manufacturer to specify in any certificate under this or that section the design weights or plated weights for a vehicle or as requires the Secretary of State or a manufacturer to mark or secure the marking of the plated weights on a vehicle does not apply to a subsequent type approval certificate issued by virtue of subsection (4) above or to the certificates of conformity issued in consequence of such a type approval certificate, and

(b)so much of section 58 (2) of this Act as requires the Secretary of State to specify in any certificate issued by him the design weights and plated weights for a vehicle or to secure that the plated weights are marked on a vehicle does not apply to a Minister’s approval certificate issued by virtue of subsection (4) above.

(7)Subsection (6) above does not apply in relation to vehicle parts.

(8)Where the Secretary of State determines on an application under this section not to issue a type approval certificate in respect of a vehicle, he must give to the applicant a written notification of the determination, stating the grounds on which it is based.

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Amendments (Textual)

56 Conditions of, and cancellation or suspension of, type approval certificates.E+W+S

(1)A type approval certificate may be issued subject to conditions with respect to—

(a)the inspection by officers of the Secretary of State of vehicles purporting to conform with the type vehicle in the relevant aspects of design, construction, equipment and marking and of parts of such vehicles and their equipment, and the entry of premises where they are manufactured, and

(b)the notification by the manufacturer of differences of design, construction, equipment or marking (other than permitted variations) between any such vehicles and the type vehicle which might affect the type approval requirements or the criteria for determining the design weights of those vehicles.

(2)If—

(a)it appears to the Secretary of State that there has been a breach of a condition subject to which a type approval certificate has been granted, or

(b)the Secretary of State ceases to be satisfied as to any other matter relevant to a type approval certificate,

he may cancel or suspend the certificate, but the cancellation or suspension shall not affect the validity of any certificate of conformity previously issued in consequence of the type approval certificate.

(3)Where the Secretary of State cancels or suspends a certificate in pursuance of this section, he shall give a written notification of that fact to the holder of the certificate stating the grounds for the cancellation or suspension.

57 Certificates of conformity.E+W+S

(1)The manufacturer of a type vehicle in respect of which a type approval certificate is in force may issue, in respect of each vehicle manufactured by him which conforms with the type vehicle in such of the relevant aspects of design, construction, equipment and marking as are mentioned in the type approval certificate, a certificate F151. . .—

(a)stating that it does so conform, and

(b)specifying the design weights for the vehicle,

and must in the case of goods vehicles of such classes as may be prescribed specify in the certificate one or more of the plated weights for the vehicle.

[F152(1A)In this Part of this Act (except in the expression “EC certificate of conformity" and in the definition of that expression in section 85 of this Act) “certificate of conformity" means a certificate issued under subsection (1) above.]

(2)Where a manufacturer issues a certificate of conformity for a goods vehicle, the Secretary of State must—

(a)on an application made by any person containing such information as he may require with respect to the proposed circumstances of operation of the goods vehicle, and

(b)on production of that certificate,

specify in the certificate any plated weights for the goods vehicle not so specified by the manufacturer.

(3)Where a manufacturer issues a certificate of conformity for a goods vehicle then—

(a)if he is required by subsection (1) above to specify any plated weights for the goods vehicle in the certificate, he must mark those weights on the goods vehicle by means of a plate fixed to it, and

(b)in any other case the Secretary of State must on an application for the purpose secure that those weights are so marked.

(4)Any certificate of conformity issued in consequence of any type approval certificate issued by virtue of section 55(4) of this Act shall relate only to the requirement or requirements to which that type approval certificate relates.

(5)Subsections (2) and (3) above do not apply in relation to vehicle parts.

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Amendments (Textual)

F151Words in s. 57(1) omitted (1.1.1993) by virtue of S.I. 1992/3107, regs. 1(2), 16, Sch. 2 para. 5(1).

58 Minister’s approval certificates.E+W+S

(1)Where the Secretary of State is satisfied, on application made to him by any person in respect of a vehicle of a class to which regulations under section 54 of this Act apply and after examination of the vehicle, that—

(a)the vehicle complies with the relevant type approval requirements, and

(b)in the case of a goods vehicle, the Secretary of State has sufficient information to enable the plated weights to be ascertained for the vehicle,

he may issue a certificate (in this Part of this Act referred to as a “Minister’s approval certificate”).

(2)The certificate must state that the vehicle complies with those requirements and specify—

(a)its design weights, and

(b)in the case of a goods vehicle, its plated weights,

and, where the Secretary of State issues such a certificate in respect of a goods vehicle, he must secure that the plated weights are marked on the vehicle by means of a plate fixed to it.

(3)Where by virtue of section 57(4) of this Act a certificate of conformity issued in respect of a vehicle relates to one or more, but not all, of the relevant type approval requirements, the Secretary of State may issue in respect of that vehicle a Minister’s approval certificate relating to one or more of the other relevant type approval requirements.

(4)Where—

(a)a Minister’s approval certificate is given as respects a vehicle, and

(b)the Secretary of State is satisfied—

(i)on the application of the manufacturer of the vehicle or, in the case of an imported vehicle, the importer of the vehicle, and

(ii)after the consideration of such evidence as he thinks necessary,

that another vehicle manufactured by that manufacturer or, as the case may be, imported by that importer conforms with the first mentioned vehicle as respects the relevant aspects of design, construction, equipment and marking,

the Secretary of State may issue a Minister’s approval certificate in respect of that other vehicle without examining it.

(5)Where the Secretary of State issues such a certificate by virtue of subsection (4) above, he must specify the plated weights which are to be marked on the other vehicle.

(6)Subsection (4) above shall apply in relation to vehicles brought into Great Britain from Northern Ireland as it applies in relation to imported vehicles, and references in that subsection to the importer shall be construed accordingly.

(7)Where the Secretary of State determines on an application under this section not to issue a Minister’s approval certificate in respect of a vehicle, he must give to the applicant a written notification of the determination, stating the grounds on which it is based.

59 Supplementary provisions as to certificates of conformity and Minister’s approval certificates.E+W+S

(1)The Secretary of State may by regulations require that prescribed alterations—

(a)in any of the relevant aspects of design, construction, equipment or marking, or

(b)in any such aspect which affects the plated weight,

made to any vehicle for which a certificate of conformity or a Minister’s approval certificate is issued shall, subject to any exemption granted under subsection (2) below, be notified to the Secretary of State.

(2)The Secretary of State may by notice in writing given to the manufacturer of vehicles or to the owner of a vehicle for which a Minister’s approval certificate is issued—

(a)direct that any specified alteration in any of the aspects mentioned in subsection (1) above to a vehicle to which the direction relates shall be notified to the Secretary of State,

(b)exempt a vehicle to which the notice relates from all or any of the requirements of regulations under subsection (1) above, subject to compliance with any conditions specified in the notice.

(3)Without prejudice to the provisions of section 61 of this Act, the Secretary of State may by regulations require that a certificate of conformity or Minister’s approval certificate issued for any vehicle shall specify—

(a)the regulations, if any, applicable to the vehicle under subsection (1) above at the time of the issue of the certificate,

(b)any additional alteration to that vehicle required by any direction under subsection (2) above to be notified to the Secretary of State, and

(c)any exemption applicable to that vehicle under that subsection.

(4)A certificate of conformity or a Minister’s approval certificate specifying any plated weights shall be treated for the purposes of the provisions of this Part of this Act and any regulations made under them relating to plating certificates (except section 50 (1) and (2) of this Act) as a plating certificate.

This subsection does not apply in relation to vehicle parts.

[X160 Appeals.E+W+S

(1)A person aggrieved by the determination made on behalf of the Secretary of State with respect to a type approval certificate, a certificate of conformity or a Minister’s approval certificate under sections 54 to 59 of this Act, including any determination with respect to design weights or plated weights, may within the prescribed time and in the prescribed manner appeal to the Secretary of State.

(2)On the appeal the Secretary of State—

(a)shall have the like powers and duties as he has on an original application for a type approval or a Minister’s approval certificate or in respect of the plated weights to be included in a certificate of conformity,

(b)may hold an inquiry in connection with it, and

(c)may appoint an assessor for the purpose of assisting him with the appeal or any such inquiry.]

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Editorial Information

X1S. 60 containing subsections (1)-(4) substituted (prosp.) for s. 60 containing subsections (1) and (2) by Transport Act 1982 (c. 49, SIF 107:1), ss. 17(2), 76(2) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c.54, SIF 107:1), s. 4 Sch 2 Pt I para 6(2)

[F15360 Appeals.E+W+S

(1)A person aggrieved by a determination made on behalf of the Secretary of State with respect to a type approval certificate, a certificate of conformity or Minister’s approval certificate under sections 54 to 59 of this Act, including any determination with respect to design weights or plated weights, may appeal to the Secretary of State.

(2)A person aggrieved by a determination made by the prescribed testing authority with respect to the plated weights for any goods vehicle may appeal to the Secretary of State. This subsection does not apply in relation to vehicle parts.

(3)Any appeal under this section must be made within the prescribed time and in the prescribed manner; and on any such appeal the Secretary of State shall have—

(a)in a case within subsection (1) above, the like powers and duties as he has on an original application for a type approval or Minister’s approval certificate or in respect of the plated weights to be included in a certificate of conformity; and

(b)in a case within subsection (2) above, the like powers and duties as he would have had if the application in respect of the plated weights for the goods vehicle concerned had been made to him.

(4)The Secretary of State may hold an inquiry in connection with any appeal under this section and may appoint an assessor for the purpose of assisting him with the appeal or any such inquiry.]

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Amendments (Textual)

F153S. 60 containing subsections (1)–(4) substituted (prosp.) for s. 60 containing subsections (1) and (2) by Transport Act 1982 (c. 49, SIF 107:1), ss. 17(2), 76(2) (as amended (15.5.1989) by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4 Sch. 2 Pt. I para. 6(2))

61 Regulations for the purposes of sections 54 to 60.E+W+S

(1)The Secretary of State may make regulations for the purposes of sections 54 to 60 of this Act.

(2)Without prejudice to the generality of subsection (1) above, such regulations—

(a)may provide for the examination of any vehicle in respect of which a certificate of conformity or a Minister’s approval certificate is in force in the event of an alteration being made to the vehicle which is notifiable by virtue of section 59(1) or (2) of this Act and, in particular, may empower a F154. . . vehicle examiner to require the vehicle to be examined at a testing station provided under section 52, 62 or 72 of this Act,

(b)may authorise the cancellation, suspension or amendment of a certificate of conformity or a Minister’s approval certificate on an examination of any vehicle in pursuance of regulations made by virtue of paragraph (a) above,

(c)shall give a right of appeal to any person aggrieved by a determination on any such examination and for that purpose may apply section 50(1) to (4) of this Act,

(d)may containthe like provisions with respect to any such examination and any appeal brought by virtue of paragraph (c) above as may be contained in regulations made by virtue of paragraphs (b), (c), (g) and (h) of section 51(1) of this Act in relation to the examinations and appeals there mentioned;

(e)may require the payment of fees or other charges in connection with the provision by the Secretary of State of services or facilities or the issue by him of certificates and other documents,

(f)may provide—

(i)for the authorisation of persons to carry out examinations, in connection with the issue of type approval certificates, of vehicles or vehicle parts of such classes as may be specified in the regulations,

(ii)for the imposition of conditions to be complied with by persons so authorised, and

(iii)for the withdrawal of authorisations,

(g)may make provision as to the form of, and particulars to be contained in, certificates of conformity and provide for the supply by the Secretary of State of forms for such certificates,

(h)may provide for the issue of replacements for plates fixed to vehicles under sections 54 to 58 of this Act, certificates of conformity and Minister’s approval certificates which have been lost or defaced and provide for the payment of a fee for their issue,

(j)may require persons empowered by sections 54 to 58 of this Act to issue certificates of conformity to keep records—

(i)of certificates of conformity issued by them, and

(ii)of the vehicles or vehicle parts in respect of which such certificates are issued,

and may authorise the inspection of such records by such persons and in such circumstances as may be prescribed, and

(k)may make different provisions for different cases.

(3)Without prejudice to any regulations made by virtue of section 51(1)(c) of this Act, as applied by this section, the Secretary of State may give directions with respect to the manner in which examinations to which such regulations apply are to be carried out.

(4)Where regulations under this section impose the like requirement as may be imposed by regulations made by virtue of section 51(1)(c)(ii) of this Act, the regulations may provide that a person who contravenes or fails to comply with a requirement so imposed is guilty of an offence.

F155(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Subordinate Legislation Made

P14S. 61: s. 54(1)(with s. 61) power exercised (16.4.1991) by S.I. 1991/1021

S. 61: s. 54(1)(with s. 61) power exercised (16.4.1991) by S.I. 1991/1022 and (3.9.1991) by S.I. 1991/1970 and 1991/1971

S. 61: for previous exercises of power see Index to the Government Orders

P15S. 61(1)(2): power exercised (4.6.1991) by S.I.1991/1318

Amendments (Textual)

62 Other supplementary provisions.E+W+S

(1)The Secretary of State may provide and maintain stations where examinations of vehicles under sections 54 to 61 of this Act or regulations under those sections may be carried out and may provide and maintain the apparatus for carrying out such examinations.

(2)Where an agreement entered into between Her Majesty’s Government and the Government of a country outside Great Britain provides for the recognition in Great Britain of arrangements under the law of that country with respect to the approval of the design, construction, equipment or marking of vehicles of any description manufactured in that country, the Secretary of State may make regulations—

(a)applying, with such adaptations and modifications as he thinks fit, all or any of the provisions of sections 54 to 60 of this Act and of regulations under section 61 of this Act, so far as relating to type approval certificates and certificates of conformity, to vehicles of that description manufactured in that country,

(b)providing that a certificate issued under any such provision as so applied shall be treated for the purposes of any other provisions of this Part of this Act prescribed by the regulations as a type approval certificate or as a certificate of conformity,

(c)providing for the cancellation or suspension (subject to any savings prescribed by the regulations) of any such certificate in the event of the agreement ceasing to be in force or being modified.

(3)Except in the case of vehicles of such class as may be prescribed, in sections 57, 58 and 61 of this Act “goods vehicle” includes a vehicle which is a chassis for, or will otherwise form part of, a vehicle which when completed will be a goods vehicle.

63 Obligatory type approval certificates, certificates of conformity and Minister’s approval certificates.E+W+S

(1)If—

(a)any person at any time on or after the day appointed by regulations made by the Secretary of State in relation to vehicles or vehicle parts of a prescribed class, being vehicles or vehicle parts to which type approval requirements prescribed by those regulations apply—

(i)uses on a road, or

(ii)causes or permits to be so used,

a vehicle of that class or a vehicle to which is fitted a vehicle part of that class, and

(b)it does not appear from one or more certificates then in force under sections 54 to 58 of this Act that the vehicle or vehicle part complies with those requirements,

he is guilty of an offence.

Different days may be appointed under this subsection in relation to different classes of vehicles or vehicle parts.

[F156(1A)For the purposes of subsection (1) above a vehicle shall be taken to comply with all relevant type approval requirements if an EC certificate of conformity has effect with respect to the vehicle.]

(2)If a plating certificate—

(a)has been issued for a goods vehicle to which section 53(1) of this Act or subsection (1) above applies, but

(b)does not specify a maximum laden weight for the vehicle together with any trailer which may be drawn by it,

any person who on or after the relevant date within the meaning of section 53(1) of this Act or, as the case may be, the day appointed under subsection (1) above uses the vehicle on a road for drawing a trailer, or causes or permits it to be so used, is guilty of an offence.

(3)Any person who—

(a)uses a vehicle on a road, or

(b)causes or permits a vehicle to be so used,

when an alteration has been made to the vehicle or its equipment which is required by regulations or directions under section 59 of this Act to be, but has not been, notified to the Secretary of State is guilty of an offence.

(4)In any proceedings for an offence under subsection (3) above, it shall be a defence to prove that the regulations were not or, as the case may be, the alteration was not, specified in the relevant certificate of conformity or Minister’s approval certificate in accordance with regulations under section 59(3) of this Act.

[F157(5)The Secretary of State may make provision for securing that, subject to such restrictions and conditions as may be specified by or under the instrument by which the provision is made—

(a)the use of vehicles is exempted from all or any of the preceding provisions of this section for purposes specified in the instrument or in such an area as is so specified,

(b)goods vehicles are exempted from the provisions of subsection (2) above, and

(c)there are issued in respect of vehicles or vehicle parts, in such circumstances as may be specified in the instrument, certificates of temporary exemption exempting the vehicles or vehicle parts from the provisions of subsection (1) above for such period as may be provided in the certificate.

F157(6)Subject to subsection (7) below, the power conferred by subsection (5) above is exercisable by regulations.

F157(7)That power is exercisable by order in relation to—

(a)specified vehicles, or

(b)vehicles of specified persons;

and an order under this subsection may be varied or revoked by a subsequent order of the Secretary of State.]

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Subordinate Legislation Made

P16S. 63(1) power fully exercised (2.12.1996): 1.7.1997 appointed by S.I. 1996/3013, reg. 14(3)

Amendments (Textual)

F157S. 63(5)-(7) substituted (1.2.2001) for s. 63(5) by 2000 c. 38, s. 264; S.I. 2001/57, art. 3, Sch. 2 Pt. I (as amended (22.1.2001) by S.I. 2001/57, art. 2(6))

Modifications etc. (not altering text)

C43S. 63(1) excluded (1.7.1997) by S.I. 1996/3013, reg. 14(6)

S. 63(1) excluded (1.2.2001) by S.I. 2001/25, reg. 14(8)

[F15863A Alteration of plated weights for goods vehicles without examination.E+W+S

(1)The Secretary of State may by regulations make provision—

(a)for the determination, in such circumstances as may be prescribed, of the plated weights (or any of the plated weights) for goods vehicles of any prescribed class otherwise than on an examination under regulations made under section 49 or 61 of this Act; and

(b)for the amendment of any approval certificate in force in respect of a vehicle of any such class so as to specify the weights determined for that vehicle under the regulations in place of any weights superseded by those weights or the cancellation of any such certificate and the issue in place of it of a different certificate specifying the weights so determined in place of any weights so superseded.

(2)Any person aggrieved by a determination of plated weights for a goods vehicle under regulations made under this section may appeal to the Secretary of State and on the appeal the Secretary of State shall cause the vehicle to be examined by an officer of the Secretary of State appointed by him for the purpose and shall make such determination on the basis of the examination as he thinks fit.

(3)Without prejudice to the generality of subsection (1) above, regulations under this section—

(a)may provide for the determination of any plated weights for a goods vehicle under the regulations to be made by the Secretary of State or by the prescribed testing authority;

(b)may contain the like provisions with respect to any appeal brought by virtue of subsection (2) above and any examination on any such appeal as may be contained in any regulations made by virtue of paragraphs (c), (g) and (h) of section 51(1) of this Act in relation to an appeal under section 50(1) and any examination on any such appeal;

(c)may specify the manner in which, and the time before or within which, applications may be made for the determination of plated weights of vehicles under the regulations, and the information to be supplied and documents to be produced on any such application;

(d)may make provision as to the fees to be paid on any such application;

(e)may provide for the issue of replacements for any plates fixed to a vehicle specifying weights superseded by weights specified in an approval certificate amended under the regulations or in any certificate issued under the regulations in place of an approval certificate, and for the payment of a fee for their issue; and

(f)may make different provision for different cases.

(4)In this section “approval certificate” means a plating certificate and any certificate of conformity or Minister’s approval certificate specifying any plated weights.

(5)Any certificate issued in respect of a goods vehicle under regulations made under this section in replacement of an approval certificate of any description mentioned in subsection (4) above—

(a)shall be in the form appropriate for an approval certificate of that description;

(b)shall be identical in content with the certificate it replaces, save for any alterations in the plated weights authorised by the regulations; and

(c)shall be treated for the purposes of this Part of this Act (including this section) and any regulations made under any provision of this Part of this Act as if it were the same certificate as the certificate it replaces;

and any plate so issued in replacement of a plate fixed to the vehicle under section 57 or 58 of this Act shall, when fixed to the vehicle, be treated as so fixed under that section.]

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Amendments (Textual)

Modifications etc. (not altering text)

C44S. 63A(3)(a) modified (temp. from 1.8.1996) by S.I. 1996/1943, art. 3

64 Using goods vehicle with unauthorised weights as well as authorised weights marked on it.E+W+S

(1)If there is fixed to a goods vehicle a plate containing plated weights of any description—

(a)determined for that vehicle by virtue of sections 49 to 52 of this Act, or

(b)specified in a certificate for that vehicle under section 57(1) or (2) or 58(2) or (5) of this Act,

the vehicle shall not, while it is used on a road, be marked with any other weights, except other plated weights, other weights required or authorised to be marked on the vehicle by regulations under section 41 of this Act or weights so authorised for the purposes of this section by regulations made by the Secretary of State and marked in the prescribed manner.

(2)In the event of a contravention of or failure to comply with this section the owner of the vehicle is guilty of an offence.

64A[F159Failure to hold EC certificate of conformity for unregistered motor cycle or tractor]E+W+S

(1)Subject to subsections (2) to (5) below, if a person uses on a road F161. . . [F162a vehicle to which the motorcycle type approval Directive [F163or tractor type approval Directive] applies]

(a)which has not been registered-

(i)under [F164section 21 of the Vehicle Excise and Registration Act 1994], or

(ii)under the law of [F165an EEA State] other than the United Kingdom, and

(b)in respect of which no EC certificate of conformity has effect,

he is guilty of an offence.

(2)F166. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F167(2A)A person shall not be convicted of an offence under this section in respect of the use of a vehicle to which the motorcycle type approval Directive applies if he proves that the vehicle was one in respect of which the grant of a licence or nil licence under the Vehicle Excise and Registration Act 1994 was not prohibited by regulation 16 of the Motor Cycles Etc. (EC Type Approval) Regulations 1999.]

(3)This section does not apply in relation to a vehicle in respect of which a Minister’s approval certificate issued under section 58(1) of this Act or a Department’s approval certificate issued under Article 31A(4) of the Road Traffic (Northern Ireland) Order 1981 has effect.

(4)This section does not apply to the use of a vehicle under a trade licence (within the meaning of [F168the Vehicle Excise and Registration Act 1994]) in accordance with regulations made under [F169section 12(2)] of that Act.

(5)This section does not apply in relation to a vehicle brought temporarily into Great Britain by a person resident outside the United Kingdom.]

(6)F170. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F160S. 64A inserted (1.1.1993 for specified purposes and otherwise 1.1.1996) by S.I. 1992/3107, regs. 1(2), 16, Sch. 2 para. 2.

F162Words in s. 64A(1) inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 2(2)

F164Words in s. 64A(1)(a)(i) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(3)(a) (with s. 57(4))

F168Words in s. 64A(4) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(3)(c)(i) (with s. 57(4))

F169Words in s. 64A(4) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(3)(c)(ii) (with s. 57(4))

65 Vehicles and parts not to be sold without required certificate of conformity or Minister’s approval certificate.E+W+S

(1)If—

(a)any person at any time on or after the day appointed by regulations under section 63(1) of this Act supplies a vehicle or vehicle part of a class to which those regulations apply, and

(b)it does not appear from one or more certificates in force at that time under sections 54 to 58 of this Act that the vehicle or vehicle part complies with all the relevant type approval requirements prescribed by those regulations,

he is guilty of an offence.

[F171(1A)For the purposes of subsection (1) above a vehicle shall be taken to comply with all relevant type approval requirements if an EC certificate of conformity has effect with respect to the vehicle.]

(2)In this section references to supply include—

(a)sell,

(b)offer to sell or supply, and

(c)expose for sale.

(3)A person shall not be convicted of an offence under this section in respect of the supply of a vehicle or vehicle part if he proves—

(a)that it was supplied for export from Great Britain,

(b)that he had reasonable cause to believe that it would not be used on a road in Great Britain or, in the case of a vehicle part, that it would not be fitted to a vehicle used on a road in Great Britain or would not be so used or fitted until it had been certified under sections 54 to 58 of this Act, or

(c)that he had reasonable cause to believe that it would only be used for purposes or in any area prescribed by the Secretary of State under section 63(5) of this Act or, in the case of a goods vehicle, under section 53(5) of this Act.

(4)Nothing in subsection (1) above shall affect the validity of a contract or any rights arising under or in relation to a contract.

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Amendments (Textual)

65A[F172Motor cycles not to be sold without EC certificate of conformity]E+W+S

(1)Subject to subsections (3) to (6) below, any person who supplies F174. . . [F175a vehicle to which the motorcycle type approval Directive applies]

(a)which has not been registered—

(i)under [F176section 21 of the Vehicle Excise and Registration Act 1994], or

(ii)under the law of [F177an EEA State] other than the United Kingdom, and

(b)in respect of which no EC certificate of conformity has effect,

is guilty of an offence.

(2)In this section references to supply include—

(a)sell,

(b)offer to sell or supply, and

(c)expose for sale.

(3)F178. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F179(3A)A person shall not be convicted of an offence under this section in respect of the supply of a vehicle F180. . . if he proves that the vehicle was one in respect of which the grant of a licence or nil licence under the Vehicle Excise and Registration Act 1994 was not prohibited by regulation 16 of the Motor Cycles Etc. (EC Type Approval) Regulations 1999.]

(4)A person shall not be convicted of an offence under this section in respect of the supply of a vehicle if he proves—

(a)that it was supplied for export from the United Kingdom to a country which is not [F181an EEA State], or

(b)that he had reasonable cause to believe—

(i)that it would not be used on a road in the United Kingdom or any other [F182EEA State], or

(ii)that it would not be so used until an EC certificate of conformity had been issued in respect of it.

(5)This section does not apply in relation to the supply of a vehicle—

(a)to the Crown for naval, military or air force purposes,

(b)for the purposes of the military forces of any country outside the United Kingdom,

(c)F183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)to a police authority for police purposes, or

(e)to any public authority in [F184an EEA State] outside the United Kingdom which has responsibilities for maintaining public order.

(6)This section does not apply in relation to a vehicle in respect of which a Minister’s approval certificate issued under section 58(1) of this Act or a Department’s approval certificate issued under Article 31A(4) of the Road Traffic (Northern Ireland) Order 1981 has effect.

(7)Nothing in subsection (1) above shall affect the validity of a contract or any rights arising under or in relation to a contract.]

(8)F185. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F173S. 65A inserted (1.1.1993 for specified purposes and otherwise 1.1.1996) by S.I. 1992/3107, regs. 1(2), 16, Sch. 2 para. 3

F175Words in s. 65A(1) inserted (30.11.1999) by S.I. 1999/2920, reg. 19, Sch. 2 para. 3(2)

F176Words in s. 65A(1)(a)(i) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(4)(a) (with s. 57(4))

Conditions for grant of excise licenceE+W+S

66 Regulations prohibiting the grant of excise licences for certain vehicles except on compliance with certain conditions.E+W+S

(1)The Secretary of State may by regulations provide that where—

(a)application is made for a licence under [F186the Vehicle Excise and Registration Act 1994] for a vehicle to which section 47 of this Act applies, and

(b)in the case of an application relating to a vehicle to which that section applies by virtue of subsection (2)(b) of that section, it appears from the application that the vehicle has been used on roads (whether in Great Britain or elsewhere) before the date of the application,

the licence shall not be granted unless one of the following conditions is satisfied.

(2)Those conditions are that—

(a)there is produced such evidence as may be prescribed of the granting of an effective test certificate or (if it is so prescribed) there is produced such a certificate or the Secretary of State is provided with a copy of it, or

[F187(aa)the records maintained under section 45(6B) of this Act provide evidence of the granting of an effective test certificate, or]

(b)there is made such a declaration as may be prescribed that the vehicle is not intended to be used during the period for which the licence is to be in force except for a purpose prescribed under subsection (6), or in an area prescribed under subsection (7), of section 47, or

(c)in the case of an application relating to a vehicle to which section 47 applies by virtue of subsection (2)(b) of that section, the owner of the vehicle declares in writing the year in which the vehicle was manufactured, and the specified period from the date of manufacture has not expired.

(3)The Secretary of State may by regulations provide that where application is made for a licence under the M20Vehicles (Excise) Act 1971 for a goods vehicle to which section 53(2) of this Act applies or for a vehicle of any class to which section 63(1) of this Act applies, the licence shall not be granted unless the requirements of subsection (4), subsection (5) or subsection (6) below are satisfied.

(4)The requirements of this subsection are that—

(a)on any application, after the relevant date within the meaning of section 53(2), for a licence for a vehicle to which section 53(2) applies, there is produced evidence that an effective goods vehicle test certificate is in force for the vehicle,

(b)on the first application, after the day appointed by regulations made by virtue of section 63(1), for a licence for a vehicle of any class to which those regulations apply, there is produced evidence that there is or are one or more certificates in force for the vehicle under sections 54 to 58 of this Act from which it appears that the vehicle complies with all the relevant type approval requirements prescribed by those regulations.

[F188(4A)In relation to any application referred to in subsection (3) above the requirement set out in subsection (4)(b) above shall be taken to be satisfied if there is produced evidence that an EC certificate of conformity has effect with respect to the vehicle.]

(5)The requirements of this subsection are that there is made such a declaration as may be prescribed that the vehicle is not intended to be used during the period for which the licence is to be in force except for a purpose or in an area prescribed under paragraph (a) of section 53(5) or 63(5) of this Act.

(6)The requirements of this subsection are that there is produced in respect of the vehicle a certificate of temporary exemption issued by virtue of paragraph (b) of section 53(5) or paragraph (c) of section 63(5) which exempts that vehicle from the provisions of section 53(2) or 63(1) of this Act, as the case may be, for a period which includes the date on which the licence is to come into force.

(7)Regulations under subsection (3) above may be made so as to apply to such classes only of vehicles as may be specified in the regulations.

(8)For the purposes of this section the date of manufacture of a vehicle shall be taken to be the last day of the year during which its final assembly is completed, except where after that day modifications are made to the vehicle before it is sold or supplied by retail, and in that excepted case shall be taken to be the last day of the year during which the modifications are completed.

(9)In this section—

  • appropriate period” has the same meaning as in section 47 of this Act,

  • effective goods vehicle test certificate” means, in relation to an application for a licence for a vehicle, a goods vehicle test certificate relating to the vehicle which will be in force on the date on which the licence is to come into force,

  • effective test certificate” means, in relation to an application for a licence for a vehicle, a test certificate relating to the vehicle and issued within the appropriate period before the date on which the licence is to come into force,

  • specified period” means the period for the time being specified in section 47(2)(a) and (b) of this Act.

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Amendments (Textual)

F186Words in s. 66(1)(a) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(1) (with s. 57(4))

F187Words in s. 66(2)(aa) inserted (11.4.2003) by 1999 c. 12, ss. 5, 9(2); S.I. 2003/1095, art. 2

F188S. 66(4A) inserted (1.1.1993) by S.I. 1992/3107, regs, 1(2), 16, Sch. 2 para. 4.

Marginal Citations

[F189Vehicle examinersE+W+S

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Amendments (Textual)

F189S. 66A and cross heading inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 9(1); S.I. 1992/1286, art. 2,Sch.

F19066A Appointment of examiners.E+W+S

(1)The Secretary of State shall appoint such examiners as he considers necessary for the purpose of carrying out the functions conferred on them by this Part of this Act, [F191the Goods Vehicles (Licensing of Operators) Act 1995,] the Public Passenger Vehicles Act 1981, the Transport Act 1968 and any other enactment.

(2)An examiner appointed under this section shall act under the general directions of the Secretary of State.

(3)In this Part of this Act “vehicle examiner” means an examiner appointed under this section.]

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Amendments (Textual)

F191Words in s. 66A(1) inserted (1.1.1996) by s. 60(1), Sch. 7 para. 11 (with ss. 54, 55); S.I. 1995/2181, art. 2

Modifications etc. (not altering text)

C45S. 66A extended (1.7.1992) by S.I. 1992/1286, art. 3.

Testing vehicles on roadsE+W+S

67 Testing of condition of vehicles on roads.E+W+S

(1)An authorised examiner may test a motor vehicle on a road for the purpose of—

[F192(a)ascertaining whether the following requirements, namely—

(i)the construction and use requirements, and

(ii)the requirement that the condition of the vehicle is not such that its use on a road would involve a danger of injury to any person,

are complied with as respects the vehicle;]

(b)bringing to the notice of the driver any failure to comply with those requirements.

[F193(2)For the purpose of testing a vehicle under this section the examiner—

(a)may require the driver to comply with his reasonable instructions, and

(b)may drive the vehicle.]

(3)A vehicle shall not be required to stop for a test except by a constable in uniform.

(4)The following persons may act as authorised examiners for the purposes of this section [F194and section 67A of this Act]

F195(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a person appointed as an examiner under section [F19666A] of this Act,

(c)a person appointed to examine and inspect public carriages for the purposes of the M21Metropolitan Public Carriage Act 1869,

(d)a person appointed to act for the purposes of this section by the Secretary of State,

(e)a constable authorised so to act by or [F197on behalf of a] chief officer of police, and

(f)a person appointed by the police authority for a police area to act, under the directions of the chief officer of police, for the purposes of this section.

(5)A person mentioned in subsection (4)(a) to (d) and (f) must produce his authority to act for the purposes of this section if required to do so.

(6)On the examiner proceeding to test a vehicle under this section, the driver may, unless the test is required under subsection (7) or (8) below to be carried out forthwith, elect that the test shall be deferred to a time, and carried out at a place, fixed in accordance with Schedule 2 to this Act, and the provisions of that Schedule shall apply accordingly.

(7)Where it appears to a constable that, by reason of an accident having occurred owing to the presence of the vehicle on a road, it is requisite that a test should be carried out forthwith, he may require it to be so carried out and, if he is not to carry it out himself, may require that the vehicle shall not be taken away until the test has been carried out.

(8)Where in the opinion of a constable the vehicle is apparently so defective that it ought not to be allowed to proceed without a test being carried out, he may require the test to be carried out forthwith.

(9)If a person obstructs an authorised examiner acting under this section, or fails to comply with a requirement of this section or Schedule 2 to this Act, he is guilty of an offence.

(10)In this section and in Schedule 2 to this Act—

(a)test” includes “inspect” or “inspection”, as the case may require, and

(b)references to a vehicle include references to a trailer drawn by it.

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Amendments (Textual)

Marginal Citations

67A Remedying defects discovered on roadside test.E+W+S

F198. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

67B Tests to check whether defects have been remedied.E+W+S

F199. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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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.

Amendments (Textual)

[F200Inspection of public passenger vehicles and goods vehiclesE+W+S

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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.

Amendments (Textual)

F200S. 68 and cross heading substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s.11; S.I. 1992/1286, art. 2,Sch.

F20168 Inspection of public passenger vehicles and goods vehicles.E+W+S

(1)A vehicle examiner—

(a)may at any time, on production if so required of his authority, inspect any vehicle to which this section applies and for that purpose detain the vehicle during such time as is required for the inspection, and

(b)may at any time which is reasonable having regard to the circumstances of the case enter any premises on which he has reason to believe that such a vehicle is kept.

(2)The power conferred by subsection (1) above to inspect a vehicle includes power to test it and to drive it for the purpose of testing it.

(3)A person who intentionally obstructs an examiner in the exercise of his powers under subsection (1) above is guilty of an offence.

(4)A vehicle examiner or a constable in uniform may at any time require any person in charge of a vehicle to which this section applies and which is stationary on a road to proceed with the vehicle for the purpose of having it inspected under this section to any place where an inspection can be suitably carried out (not being more than five miles from the place where the requirement is made).

(5)A person in charge of a vehicle who refuses or neglects to comply with a requirement made under subsection (4) above is guilty of an offence.

(6)This section applies to—

(a)goods vehicles,

(b)public service vehicles, and

(c)motor vehicles which are not public service vehicles but are adapted to carry more than eight passengers;

but subsection (1)(b) above shall not apply in relation to vehicles within paragraph (c) above or in relation to vehicles used to carry passengers for hire or reward only under permits granted under section 19 or 22 of the Transport Act 1985 (use of vehicles by educational and other bodies or in providing community bus services).]

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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.

Amendments (Textual)

Modifications etc. (not altering text)

C46S. 68 restricted (1.7.1992) by S.I. 1992/1217, reg.7 (with reg. 11).

S. 68 applied (with modifications) (1.7.1992) by S.I. 1992/1217, reg.10 (with reg. 11).

S. 68 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

[F202 Prohibition of unfit vehicles]E+W+S

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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.

Amendments (Textual)

F202Ss. 69, 69A and cross heading substituted for s. 69 by Road Traffic Act 1991 (c. 40, SIF 107:1), s.12; S.I. 1992/1286, art. 2,Sch.

[F20369 Power to prohibit driving of unfit vehicles.E+W+S

(1)If on any inspection of a vehicle under section 41, 45, 49, 61, 67, 68 or 77 of this Act it appears to a vehicle examiner [F204or authorised inspector] that owing to any defects in the vehicle it is, or is likely to become, unfit for service, he may prohibit the driving of the vehicle on a road—

(a)absolutely, or

(b)for one or more specified purposes, or

(c)except for one or more specified purposes.

(2)If on any inspection of a vehicle under any of the enactments mentioned in subsection (1) above it appears to an authorised constable that owing to any defects in the vehicle driving it (or driving it for any particular purpose or purposes or for any except one or more particular purposes) would involve a danger of injury to any person, he may prohibit the driving of the vehicle on a road—

(a)absolutely, or

(b)for one or more specified purposes, or

(c)except for one or more specified purposes.

(3)A prohibition under this section shall come into force as soon as the notice under subsection (6) below has been given if—

(a)it is imposed by an authorised constable, or

(b)in the opinion of the vehicle examiner [F204or authorised inspector] imposing it the defects in the vehicle in question are such that driving it, or driving it for any purpose within the prohibition, would involve a danger of injury to any person.

(4)Except where subsection (3) applies, a prohibition under this section shall (unless previously removed under section 72 of this Act) come into force at such time not later than ten days from the date of the inspection as seems appropriate to the vehicle examiner [F204or authorised inspector] imposing the prohibition, having regard to all the circumstances.

(5)A prohibition under this section shall continue in force until it is removed under section 72 of this Act.

(6)A person imposing a prohibition under this section shall forthwith give notice in writing of the prohibition to the person in charge of the vehicle at the time of the inspection—

(a)specifying the defects which occasioned the prohibition;

(b)stating whether the prohibition is on all driving of the vehicle or driving it for one or more specified purposes or driving it except for one or more specified purposes (and, where applicable, specifying the purpose or purposes in question); and

(c)stating whether the prohibition is to come into force immediately or at the end of a specified period.

(7)Where a notice has been given under subsection (6) above, any vehicle examiner [F204or authorised inspector] or authorised constable may grant an exemption in writing for the use of the vehicle in such manner, subject to such conditions and for such purpose as may be specified in the exemption.

(8)Where such a notice has been given, any vehicle examiner [F204or authorised inspector]or authorised constable may by endorsement on the notice vary its terms and, in particular, alter the time at which the prohibition is to come into force or suspend it if it has come into force.

(9)In this section “authorised constable” means a constable authorised to act for the purposes of this section by or on behalf of a chief officer of police.]

Annotations: Help about Annotation
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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.

Amendments (Textual)

F203Ss. 69 and 69A substituted (1.7.1992) for s. 69 by Road Traffic Act 1991 (c. 40, SIF 107:1), s.12; S.I. 1992/1286, art. 2,Sch.

Modifications etc. (not altering text)

C47S. 69 restricted (1.7.1992) by S.I. 1992/1217, reg.7 (with reg. 11).

S. 69 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

[F20569A Prohibitions conditional on inspection etc.E+W+S

(1)Where it appears to the person imposing a prohibition under section 69 of this Act that the vehicle is adapted to carry more than eight passengers, or is a public service vehicle not so adapted, the prohibition may be imposed with a direction making it irremovable unless and until the vehicle has been inspected at an official PSV testing station within the meaning of the Public Passenger Vehicles Act 1981.

(2)Where it appears to that person that the vehicle is of a class to which regulations under section 49 of this Act apply, the prohibition may be imposed with a direction making it irremovable unless and until the vehicle has been inspected at an official testing station.

(3)Where it appears to that person that the vehicle is one to which section 47 of this Act applies, or would apply if the vehicle had been registered under [F206the Vehicle Excise and Registration Act 1994] more than three years earlier, the prohibition may be imposed with a direction making it irremovable unless and until the vehicle has been inspected, and a test certificate issued, under section 45 of this Act.

(4)In any other case, the prohibition may be imposed with a direction making it irremovable unless and until the vehicle has been inspected in accordance with regulations under section 72 of this Act by a vehicle examiner or authorised constable (within the meaning of section 69 of this Act).]

Annotations: Help about Annotation
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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.

Amendments (Textual)

F205Ss. 69 and 69A substituted (1.7.1992) for s. 69 by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 12; S.I. 1992/1286, art. 2, Sch.

F206Words in s. 69A(3) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(1) (with s. 57(4))

Modifications etc. (not altering text)

C48S. 69A restricted (1.7.1992) by S.I. 1992/1217, reg. 7 (with reg. 11).

S. 69A excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

70 Power to prohibit driving of overloaded goods vehicles.E+W+S

(1)Subsections (2) and (3) below apply where a goods vehicle [F207, or a motor vehicle adapted to carry more than eight passengers,] has been weighed in pursuance of a requirement imposed under section 78 of this Act and it appears to—

(a)[F208a vehicle examiner],

(b)a person authorised with the consent of the Secretary of State to act for the purposes of this subsection by—

(i)a highway authority other than the Secretary of State, or

(ii)a local roads authority in Scotland, or

(c)a constable authorised to act for those purposes by or on behalf of a chief officer of police,

that the limit imposed by construction and use requirements with respect to any description of weight which is applicable to that vehicle has been exceeded or would be exceeded if it were used on a road [F209or that by reason of excessive overall weight or excessive axle weight on any axle driving the vehicle would involve a danger of injury to any person].

(2)The person to whom it so appears may, whether or not a notice is given under section [F21069(6)] of this Act, give notice in writing to the person in charge of the vehicle prohibiting the driving of the vehicle on a road until—

(a)that weight is reduced to that limit [F211or, as the case may be, so that it is no longer excessive], and

(b)official notification has been given to whoever is for the time being in charge of the vehicle that it is permitted to proceed.

(3)The person to whom it so appears may also by direction in writing require the person in charge of the vehicle to remove it (and, if it is a motor vehicle drawing a trailer, also to remove the trailer) to such place and subject to such conditions as are specified in the direction; and the prohibition shall not apply to the removal of the vehicle or trailer in accordance with that direction.

(4)Official notification for the purposes of subsection (2) above—

(a)must be in writing and be given by [F212a vehicle examiner], a person authorised as mentioned in subsection (1) above or a constable authorised as so mentioned, and

(b)may be withheld until the vehicle has been weighed or reweighed in order to satisfy the person giving the notification that the weight has been sufficiently reduced.

(5)Nothing in this section shall be construed as limiting the power of the Secretary of State to make regulations under section 71(2) of this Act.

Annotations: Help about Annotation
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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.

Amendments (Textual)

Modifications etc. (not altering text)

C49S. 70 restricted (1.7.1992) by S.I. 1992/1217, reg. 7 (with reg. 11).

S. 70 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

[F21371 Unfit and overloaded vehicles: offences.E+W+S

(1)A person who—

(a)drives a vehicle in contravention of a prohibition under section 69 or 70 of this Act, or

(b)causes or permits a vehicle to be driven in contravention of such a prohibition, or

(c)fails to comply within a reasonable time with a direction under section 70(3) of this Act,

is guilty of an offence.

(2)The Secretary of State may by regulations provide for exceptions from subsection (1) above.]

Annotations: Help about Annotation