Road Traffic Act 1930

1930 CHAPTER 43 20 and 21 Geo 5

An Act to make provision for the regulation of traffic on roads and of motor vehicles and otherwise with respect to roads and vehicles thereon, to make provision for the protection of third parties against risks arising out of the use of motor vehicles and in connection with such protection to amend the Assurance Companies Act 1909 to amend the law with respect to the powers of local authorities to provide public service vehicles, and for other purposes connected with the matters aforesaid.

[1st August 1930]

Commencement Information

I1 Act not in force at Royal Assent by virtue of s. 123(2) (now repealed); Act so far as unrepealed wholly in force before 1.2.1991

Parts I, II E+W+S

1—44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W+S

Textual Amendments

F1 Ss. 1–44 repealed by Road Traffic Act 1960 (c. 16), Sch. 18 Pt. I

Part III E+W+S Amendment of Law relating to Highways

45—50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W+S

Textual Amendments

F2 Ss. 45–50 repealed by Road Traffic Act 1960 (c. 16), Sch. 18 Pt. I also expressed to be repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

51—56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 E+W+S

Textual Amendments

F3 Ss. 51–57(2) repealed (E.W.) by Highways Act 1959 (c. 25), s. 312(2), Sch. 25 and London Government Act 1963 (c. 33), s. 16(2), Sch. 6 para. 70 Pt. III and repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch 11

57

(1), (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(3)—(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F4 Ss. 51–57(2) repealed (E.W.) by Highways Act 1959 (c. 25), s. 312(2), Sch. 25 and London Government Act 1963 (c. 33), s. 16(2), Sch. 6 para. 70 Pt. III and repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch 11

F5 Ss. 57(3)–(5), 59, 61–100 repealed by Road Traffic Act 1960 (c. 16), Sch. 18 Pt. I

58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 E+W+S

Textual Amendments

F6 S. 58 repealed (E.W.) by Highways Act 1959 (c. 25), s. 312(2), Sch. 25 and London Government Act 1963 (c. 33), s. 16(2), Sch. 6 para. 70 Pt. III and repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch 11

59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 E+W+S

Textual Amendments

F7 Ss. 57(3)–(5), 59, 61–100 repealed by Road Traffic Act 1960 (c. 16), Sch. 18 Pt. I

60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 E+W+S

Textual Amendments

F8 S. 60 (which relates to the application of Pt. III to Scotland) repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch 11

PART IV E+W+S

61—100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9 E+W+S

Textual Amendments

F9 Ss. 57(3)–(5), 59, 61–100 repealed by Road Traffic Act 1960 (c. 16), Sch. 18 Pt. I

Part V E+W+S Running of Public Service Vehicles by Local Authorities

Modifications etc. (not altering text)

C1 Pt. V amended by Transport Act 1980 (c. 34), s. 4(8)

101 Power to run public service vehicles. E+W+S

(1) A local authority who under any local Act or Order are operating a tramway, light railway, trolley vehicle, or omnibus undertaking, may as part of that undertaking run public service vehicles [F10 on any road inside or outside their district].

(2) Nothing in this Act shall authorise a local authority to run any public service vehicle—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(b) on any road on which they are for the time being prohibited by any local Act or Order from running omnibuses; or

(c) except with the consent of the authority, on any road vested in a statutory dock authority as such or in a statutory harbour authority as such; or

(d) except with the consent of the company on any premises (not being part of a [F12 highway][F12 public road]) belonging to a railway company and adjoining or giving access to a railway station.

Textual Amendments

F10 Words substituted by Transport Act 1968 (c. 73), s. 31(1)(a)

F11 S. 101(2)(a) repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(2)(3), Sch. 7 para. 4, Sch. 8

F12 “public road” substituted (S.) for “highway” by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 27(2)

102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13 E+W+S

Textual Amendments

F13 S. 102 repealed by Transport Act 1968 (c. 73), Sch. 18 Pt. III

103 Further provision as to omnibuses. E+W+S

For the purposes of this Part of this Act a local authority may purchase and maintain such vehicles as may be necessary and may purchase by agreement, take on lease, and hold lands and may on any lands so purchased by or leased to them or any lands lawfully appropriated by them for the purpose erect such buildings, sheds, and conveniences and may provide such plant and appliances as may be requisite or expedient for the establishment, running, equipment, maintenance and repair of their public service vehicles.

104 Fares and charges. E+W+S

(1) A local authority authorised to run public service vehicles under this Part of this Act may demand and take for passengers and parcels carried on such vehicles such fares and charges as they may think fit:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

(2) A local authority authorised to run public service vehicles under this Part of this Act may if they think fit carry on such vehicles small parcels not exceeding fifty-six pounds in weight and dogs in the care of passengers, . . . F15 but they shall not carry on such vehicles any other goods or animals.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

Textual Amendments

F14 Proviso repealed by Transport Charges &c. (Miscellaneous Provisions) Act 1954 (c. 64), Sch. 2 Pt. II

F15 Words repealed by Transport Charges &c. (Miscellaneous Provisions) Act 1954 (c. 64), Sch. 2 Pt. II

F16 S. 104(3) repealed by Post Office Act 1953 (c. 36), Sch. 3

105 Working and other agreements. E+W+S

(1) A local authority authorised to run public service vehicles and any other local authority authorised to run such vehicles in any district adjacent to the district of the first-mentioned authority, or adjacent to any district on any road in which the first-mentioned authority are for the time being authorised to run such vehicles, may make and carry into effect agreements for the management, working, and maintenance of any service which any party to the agreement is authorised to run.

(2) A local authority authorised to run public service vehicles and any other person, not being a local authority, may make and carry into effect agreements for the management, working, and maintenance of any service which any party to the agreement is for the time being authorised to run, either in the district of the local authority, or in any district on any road in which the authority are for the time being authorised to run such vehicles.

(3) An agreement entered into under either of the last two preceding subsections may make provision with respect to all or any of the following matters, that is to say:—

(a) The working, user, management and maintenance of any vehicles, lands, depots, buildings sheds, and property provided in connection with any services to which the agreement relates by any party to the agreement and the right to provide and use the same and to demand and take the fares and charges authorised in respect of such services;

(b) The supply by any party to the agreement of vehicles and conveniences in connection therewith necessary for the purposes of such agreement and the employment of officers and servants;

(c) The through running of vehicles.

(4) A local authority authorised to run public service vehicles may make and carry into effect agreements with any other local authority athorised to run such vehicles, and with any other person, not being a local authority, for all or any of the following purposes, so far as those purposes can be effectuated without any through running of vehicles, that is to say:—

(a) The interchange, accommodation, conveyance, transmission and delivery of traffic arising on or coming from or destined for any service provided by any party to the agreement;

(b) The payment, collection and apportionment of the fares and charges and other receipts arising from any such service as aforesaid.

(5) Agreements may be made under this section notwithstanding any provision in any local Act or Order by which the making of working agreements is restricted, but in running any service of public service vehicles on any route in pursuance of an agreement made under his section the local authority or other person operating the service shall comply with the provisions of the Act or Order, if any, by which the service is authorised.

(6) In this section the expression “authorised” means authorised otherwise than by virtue of an agreement under this section.

106 Accounts. E+W+S

Where a local authority run public service vehicles under this Part of this Act they shall in the accounts relating to their transport undertakings distinguish, so far as may be practicable receipts and expenditure relating to their public service vehicles from receipts and expenditure relating to any other transport undertaking, and in the receipts and expenditure relating to their public service vehicles shall further distinguish receipts and expenditure on capital account from receipts and expenditure upon revenue account.

107 Expenses and borrowing. E+W+S

(1) The expenses of a local authority under this Part of this Act shall be defrayed as follows, that is to say:—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

(b) in the case of a joint board or joint committee, in the same manner as the general expenses of the board or committee.

(2) A local authority may from time to time with the consent of the Minister borrow such sums as may be required for the purposes of this Part of this Act including the repayment of any sums previously borrowed for such purposes—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

(b) in the case of a joint board or joint committee in the manner in which they are authorised to borrow for the purposes of their other powers and duties.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

Textual Amendments

F17 S. 107(1)(a) repealed by Local Government Act 1933 (c. 51), Sch. 11 Pt. IV and Local Government Act 1972 (c. 70), Sch. 30

F18 S. 107(2)(a) repealed by Local Government Act 1933 (c. 51), Sch. 11 Pt. IV and Local Government Act 1972 (c. 70), Sch. 30

F19 S. 107(3) repealed by Local Government Act 1933 (c. 51), Sch. 11 Pt. IV and Local Government Act 1972 (c. 70), Sch. 30

108 Interpretation. E+W+S

(1) In this Part of this Act—

• The expression “local authority” means—

  (i)

  the council of any . . . F20 [F21 district], and

  (ii)

  any joint board or joint committee which is so constituted as to include among its members representatives of the council of a . . . F20 [F21 district]; and

• The expression “district” in relation to a joint board or joint committee means the area within which that board or committee are authorised to carry on a tramway, light railway, trolley vehicle or omnibus undertaking and save as aforesaid means a . . . F20 [F21 district][F22 region or islands area] . . . F20

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

Textual Amendments

F20 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F21 Word substituted by virtue of Local Government Act 1972 (c. 70), s. 179(3)

F22 Words substituted (S.) by Local Government (Scotland) Act 1973 (c. 65) Sch. 18 para. 23

F23 Ss. 108(2), 119(1) repealed by Road Traffic Act 1960 (c. 16), Sch. 18 Pt. I

109 Application to Scotland. E+W+S

This Part of this Act shall apply to Scotland subject to the following modifications:—

(a) The expression “local authority” shall mean [F24 a regional or islands council];

(b) Section one hundred and seven of this Act shall not apply.

Textual Amendments

F24 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 18 para. 24

110 Extent of this Part of Act. E+W+S

This Part of this Act shall not extend to the London Traffic Area . . . F25

Textual Amendments

F25 Words repealed by Road Traffic Act 1960 (c. 16), Sch. 18 Pt. I

PART VI E+W+S General

111, 112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26 E+W+S

Textual Amendments

F26 Ss. 111, 112, 113(3) repealed by Road Traffic Act 1960 (c. 16), Sch. 18 Pt. I

113 Prosecutions and penalties for offences. E+W+S

(1) Save as otherwise expressly provided, all offences under this Act shall be prosecuted under the Summary Jurisdiction Acts.

(2) A person guilty of an offence under this Act . . . F27 shall be liable in the case of the first offence to a fine not exceeding [F28 level 2 on the standard scale], and in the case of a second or subsequent conviction, to a fine not exceeding fifty pounds, or to imprisonment for a term not exceeding three months.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

Textual Amendments

F27 Words repealed by Road Traffic Act 1960 (c. 16), Sch. 18 Pt. I

F28 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1) s. 289G

F29 Ss. 111, 112, 113(3) repealed by Road Traffic Act 1960 (c. 16), Sch. 18 Pt. I

114 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30 E+W+S

Textual Amendments

F30 S. 114 repealed by Road and Rail Traffic Act 1933 (c. 53), Sch. 3

115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31 E+W+S

Textual Amendments

F31 S. 115 repealed by Miscellaneous Financial Provisions Act 1955 (4 & 5 Eliz. 2 c. 6), Sch. 2 Pt. II

116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32 E+W+S

Textual Amendments

F32 S. 116 repealed with saving by Road Traffic Act 1960 (c. 16), Sch. 18 Pt. I, Sch. 19 para. 19

[F33 117 Application of fines and fees under Part I. E+W+S

All fines imposed in respect of offences under this Act . . . F34 shall be paid into the Exchequer in the same manner respectively as penalties and forfeitures recovered under or in pursuance of and duties levied under the M1 Roads Act 1920 and in accordance with such directions as may be contained with respect to such penalties, forfeitures, and duties in any Order in Council for the time being in force under that Act . . . F35 ]

Textual Amendments

F33 S. 117 repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

F34 Words repealed by Road Traffic Act 1960 (c. 16), Sch. 18 Pt. I

F35 Words repealed by Finance Act 1936 (c. 34), Sch. 3 Pt II

Marginal Citations

M1 1920 c. 72.

118 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36 E+W+S

Textual Amendments

F36 S. 118 repealed by Finance Act 1937 (c. 54), Sch. 6 Pt. III

119 Special provisions as to Scotland. E+W+S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

(3) A [F39 local [F40 roads] authority] shall have power to borrow such sums as they may require . . . F41 for the purposes of Part V . . . F42 [F43 of this Act].

(4)—(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

(11) This section shall extend to Scotland only.

Textual Amendments

F37 Ss. 108(2),119(1) repealed by Road Traffic Act 1960 c. 16, Sch. 18 Pt. I

F38 S. 119(2) repealed by Local Government (Scotland) Act 1947 (c. 43), Sch. 14

F39 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 14 para. 31

F40 Word in s. 119(3) substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 27(3)(a)

F41 Words repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1)(3), Sch. 9 para. 27(3)(b), Sch. 11

F42 Words repealed by Road Traffic Act 1960 (c. 16), Sch. 18 Pt. I

F43 Words added by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 27(3)(c)

F44 S. 119(4)–(9) repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11; ss. 119(5)(6) also expressed to be repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

F45 Ss. 119(10), 120, 121(2), 122 repealed by Road Traffic Act 1960 (c. 16), Sch. 18 Pt. I

120 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46 E+W+S

Textual Amendments

F46 Ss. 119(10), 120, 121(2), 122 repealed by Road Traffic Act 1960 (c. 16), Sch. 18 Pt. I

121 Interpretation and application to Crown. E+W+S

(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

• “Trolley vehicle” means a mechanically-propelled vehicle adapted for use upon roads without rails and moved by power transmitted thereto from some external source:

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

• “Fares” includes sums payable in respect of a contract ticket or a season ticket:

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

• [F49 “Forestry” includes the felling of trees and haulage thereof]

• [F50 “Road” means any highway and any other road to which the public has access, and includes bridges over which a road passes:]

• [F50 “Road” has the same meaning as in the Roads (Scotland) Act 1984]

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

• “Minister” means [F52 the Secretary of State]

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

[F53 (1A) References in this Act to public service vehicles, . . . F54 . . . F55 shall be construed in like manner as if they were contained in the M2 [F56 Road Traffic Act 1960][F56 Public Passenger Vehicles Act 1981].]

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57

Textual Amendments

F47 Definition repealed by Road Traffic Act 1956 (c. 67), Sch. 9 and Road Traffic Act 1960 (c. 16), Sch. 18 Pt. I

F48 Definitions repealed by Road Traffic Act 1960 (c. 16), Sch. 18 Pt. I

F49 Definition of “Forestry” repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

F50 Definition commencing “ “Road” has the same meaning” substituted (S.) for definition commencing “ “Road” means any highway” by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 27(4)(a)

F51 Definition of “Highway authority” repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 and (E.W.) by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F52 Words substituted by virtue of S.I. 1953/1204 (1953 I, p. 1225), art. 3(1) and 1955/1955 (1955 I, p. 1205), arts. 2, 6(1), Sch. 1 Pt. I

F53 S. 121(1A) inserted by Road Traffic Act 1960 (c. 16), Sch. 17

F54 Words repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8

F55 Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

F56 “Public Passenger Vehicles Act 1981” substituted (S.) for “Road Traffic Act 1960” by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 27(4)(b)

F57 Ss. 119(10), 120, 121(2), 122 repealed by Road Traffic Act 1960 (c. 16), Sch. 18 Pt. I

Marginal Citations

M2 1960 c. 16.

122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58 E+W+S

Textual Amendments

F58 Ss. 119(10), 120, 121(2), 122 repealed by Road Traffic Act 1960 (c. 16), Sch. 18 Pt. I

123 †Short title, commencement and extent. E+W+S

(1) This Act may be cited as the Road Traffic Act 1930.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

(3) This Act shall not extend to Northern Ireland.

Textual Amendments

F59 S. 123(2) repealed by Statute Law Revision Act 1950 (c. 6)

Modifications etc. (not altering text)

C2 Unreliable marginal note.

F60 F60 SCHEDULES 1—3 E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F60 Schs. 1–3 repealed by Road Traffic Act 1960 (c. 16), Sch. 18 Pt. I

F61 F61 FOURTH SCHEDULE E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F61 Sch. 4 repealed with saving by Road Traffic Act 1960 (c. 16), Sch. 18 Pt. I, Sch. 9 para. 19

F62 F62 SCHEDULE 5 E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F62 Sch. 5 repealed by Road Traffic Act 1960 (c. 16), Sch. 18 Pt. I