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U.K.

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 IU.K. Principal Road Safety Provisions

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.]

Textual Amendments

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.]

Textual Amendments

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.]

Textual Amendments

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.

Valid from 18/08/2008

[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.]

Textual Amendments

[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.]

Textual Amendments

Valid from 24/09/2007

[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.]

Textual Amendments

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

Valid from 18/08/2008

[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).]

Textual Amendments

[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,

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) and (c) above shall not apply in relation to a person driving a mechanically propelled vehicle other than a motor vehicle.]

Textual Amendments

Motor vehicles: drink and drugsU.K.

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 [F9mechanically 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 [F9mechanically 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 [F9mechanically 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)A 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)For 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)Subsection (7) above does not extend to Scotland, and nothing in that subsection affects any rule of law in Scotland concerning the right of a constable to enter any premises for any purpose.

Textual Amendments

5 Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit.U.K.

(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.

6 Breath tests.E+W+N.I.

(1)Where a constable in uniform has reasonable cause to suspect—

(a)that a person driving or attempting to drive or in charge of a motor vehicle on a road or other public place has alcohol in his body or has committed a traffic offence whilst the vehicle was in motion, or

(b)that a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place with alcohol in his body and that that person still has alcohol in his body, or

(c)that a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place and has committed a traffic offence whilst the vehicle was in motion,

he may, subject to section 9 of this Act, require him to provide a specimen of breath for a breath test.

(2)If an accident occurs owing to the presence of a motor vehicle on a road or other public place, a constable may, subject to section 9 of this Act, require any person who he has reasonable cause to believe was driving or attempting to drive or in charge of the vehicle at the time of the accident to provide a specimen of breath for a breath test.

(3)A person may be required under subsection (1) or subsection (2) above to provide a specimen either at or near the place where the requirement is made or, if the requirement is made under subsection (2) above and the constable making the requirement thinks fit, at a police station specified by the constable.

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

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

(a)as a result of a breath test he has reasonable cause to suspect that the proportion of alcohol in that person’s breath or blood exceeds the prescribed limit, or

(b)that person has failed to provide a specimen of breath for a breath test when required to do so in pursuance of this section and the constable has reasonable cause to suspect that he has alcohol in his body,

but a person shall not be arrested by virtue of this subsection when he is at a hospital as a patient.

(6)A constable may, for the purpose of requiring a person to provide a specimen of breath under subsection (2) above in a case where he has reasonable cause to suspect that the accident involved injury to another person or of arresting him in such a case under subsection (5) above, enter (if need be by force) any place where that person is or where the constable, with reasonable cause, suspects him to be.

(7)Subsection (6) above does not extend to Scotland, and nothing in that subsection shall affect any rule of law in Scotland concerning the right of a constable to enter any premises for any purpose.

(8)In this section “traffic offence” means an offence under—

(a)any provision of Part II of the M1Public Passenger Vehicles Act 1981,

(b)any provision of the M2Road Traffic Regulation Act 1984,

(c)any provision of the M3Road Traffic Offenders Act 1988 except Part III, or

(d)any provision of this Act except Part V.

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

Marginal Citations

Valid from 29/03/2004

[F106APreliminary breath testU.K.

(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.

Textual Amendments

F10Ss. 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

Valid from 29/03/2004

6BPreliminary impairment testU.K.

(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.

Textual Amendments

F10Ss. 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

Valid from 29/03/2004

6CPreliminary drug testU.K.

(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.

Textual Amendments

F10Ss. 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

Valid from 29/03/2004

[F106DArrestU.K.

(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.

(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.

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

Textual Amendments

F10Ss. 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

Valid from 29/03/2004

6EPower of entryU.K.

(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.]

Textual Amendments

F10Ss. 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.U.K.

(1)In the course of an investigation into whether a person has committed an offence under [F11section 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.

(2)A requirement under this section to provide specimens of breath can only be made at a police station.

(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)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

[F12(bb)a device of the type mentioned in subsection (1)(a) above has been used at the police station 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]

(c)the suspected offence is one under [F13section 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 shall be decided by the constable making the requirement, but if a medical practitioner is of the opinion that for medical reasons a specimen of blood cannot or should not be taken the specimen shall be a specimen of urine.

(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.

Textual Amendments

F12S. 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)

Valid from 01/10/2002

[F147A Specimens of blood taken from persons incapable of consentingU.K.

(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.]

Textual Amendments

Modifications etc. (not altering text)

C8S. 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.U.K.

(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.

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

Modifications etc. (not altering text)

C9S. 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.U.K.

(1)While a person is at a hospital as a patient he shall not be required to provide a specimen of breath for a breath test or to provide a specimen for a laboratory test 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, it shall be 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.

(2)The ground on which the medical practitioner may object is that the requirement or the provision of a specimen or, in the case of a specimen of blood or urine, the warning required under section 7(7) of this Act, would be prejudicial to the proper care and treatment of the patient.

10 Detention of persons affected by alcohol or a drug.U.K.

(1)Subject to subsections (2) and (3) below, a person required to provide a specimen of breath, blood or urine may afterwards be detained at a police station until it appears to the constable that, were that person then driving or attempting to drive a [F15mechanically propelled vehicle] on a road, he would not be committing an offence under section 4 or 5 of this Act.

(2)A person shall not be detained in pursuance of this section if it appears to a constable that there is no likelihood of his driving or attempting to drive a [F15mechanically 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.

(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.

Textual Amendments

F15Words in s. 10(1)(2) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 43; S.I. 1992/1286, art. 2,Sch.

Modifications etc. (not altering text)

C10S. 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 [F163A]to 10 of this Act.

(2)In those sections—

(3)A person does not provide a specimen of breath for a breath test or for analysis unless 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.

(4)A person provides a specimen of blood if and only if he consents to its being taken by a medical practitioner and it is so taken.

Textual Amendments

F16Words "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.

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 [F17highway] and, in Scotland, a public road.

Textual Amendments

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 [F18highway] and, in Scotland, a public road.

Textual Amendments

F18Word in s. 13(4) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 46; S.I. 1992/1286, art. 2,Sch.

Modifications etc. (not altering text)

C11S. 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

[F1913A 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.]

Textual Amendments

Modifications etc. (not altering text)

C12S. 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,

[F20(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—

(i)the users of vehicles constructed or adapted for the delivery of goods or mail to consumers or [F21addressees], as the case may be, while engaged in making local rounds of deliveries,

(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,

[F22(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) [F23or (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.

[F24(7)In this section, “the seat belt Directive" means the M4Directive 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.]

Subordinate Legislation Made

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

Textual Amendments

F23Words in s. 14(4) inserted (2.2.1993) by S.I. 1992/3105, reg. 2(3).

F24S.14(7) inserted (2.2.1993) by S.I. 1992/3105, reg. 2(4).

Marginal Citations

M4O.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.

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

(3)Except as provided by regulations, where a child 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.

[F25(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) [F26 or (3A)] above.

(5)Provision may be made by regulations—

(a)excepting from the prohibition in subsection (1) [F27, (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) [F28or (3A)] above or as the rear of the vehicle for the purposes of subsection (3) [F28or (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.

[F29(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.]

[F30(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—

[F31“the seat belt Directive” has the same meaning as in section 14.]

F33(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25S. 15(3A) inserted (2.2.1993) by S.I 1992/3105, reg. 3(2).

F26Words in s. 15(4) inserted (2.2.1993) by S.I. 1992/3105, reg. 3(3).

F27Words in s. 15(5)(a) substituted (2.2.1993) by S.I. 1992/3105, reg. 3(4)(a).

F28Words in s. 15(5)(b) inserted (2.2.1993) by S.I. 1992/3105, reg. 3(4)(b).

F29S. 15(5A) inserted (2.2.1993) by S.I. 1992/3105, reg. 3(5).

F30S. 15(6) substituted (2.2.1993) by S.I. 1992/3105, reg. 3(6).

F31Definitions in s. 15(9) inserted (2.2.1993) by S.I. 1992/3105, reg. 3(7)(a)(b).

F32Word in s. 15(9) omitted (2.2.1993) by virtue of S.I. 1992/3105, reg. 3(7)(b).

Modifications etc. (not altering text)

C13S. 15(1) restricted (2.2.1993) by S.I. 1993/31, regs. 6, 7(1)-(3)

Marginal Citations

[F3415A 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.]

Valid from 18/09/2006

[F3515BRequirement 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 F36) 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 F37 (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.]

Textual Amendments

F361985 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 M6Highways Act 1980.

Modifications etc. (not altering text)

Marginal Citations

F3819A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F38S. 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 motor 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, 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 M7Highways Act 1980 have the same meaning as in that 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 a telecommunications code system (as defined by paragraph 1(1) of Schedule 4 to the M8Telecommunications Act 1984), and in relation to any such sewerage authority “apparatus” includes sewers or sewerage disposal works.

(4)This section does not extend to Scotland.

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 [F39involve a danger of injury] to other persons using the road, he is guilty of an offence.

Textual Amendments

Modifications etc. (not altering text)

C18S. 22 applied (S.) (21.3.1999) by S.I. 1999/854, art. 3(4)(a)(b)

[F4022A 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, F41. . . 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.]

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 [F42motor bicycle].

(2)No person in addition to the driver may be carried on a [F42motor 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.

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.

Modifications etc. (not altering text)

C19S. 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 [F43council 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.

Textual Amendments

Modifications etc. (not altering text)

C20s. 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

[F4428 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.]

Textual Amendments

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.

F45...

Textual Amendments

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.

F46(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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.

[F47(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.]

Textual Amendments

Modifications etc. (not altering text)

C21S. 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 M9Road 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.

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 [F48council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

Textual Amendments

Modifications etc. (not altering text)

34 Prohibition of driving motor vehicles elsewhere than on roads.E+W+S

(1)Subject to the provisions of this section, if without lawful authority a person drives a motor 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 or bridleway,

he is guilty of an offence.

(2)It is not an offence under this section to drive a motor 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.

(3)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.

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

(a)section 193 of the M10Law 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.

Marginal Citations

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 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 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 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.

36 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 M11Road 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 [F49the 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 M12Road Traffic Offenders Act 1988 relating to offences under this section (offences committed by failing to comply with certain signs involve discretionary disqualification).

Textual Amendments

F49Words in s. 36(5) substituted (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. para. 10

Modifications etc. (not altering text)

C25S. 36 applied (with modifications) (30.12.2003) by London Local Authorities and Transport for London Act 2003 (c. iii), s. 7(4)

C28S. 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)))

C29S. 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})

C30S. 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 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, either to persons on foot or to persons on foot and other traffic, is guilty of an offence.

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 M13Public Passenger Vehicles Act 1981 or sections 18 to 23 of the M14Transport 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 M15Road 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 M16Interpretation 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.

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.

(2)Each local authority must prepare and carry out a programme of measures designed to promote road safety and may make contributions towards the cost of measures for promoting road safety taken by other authorities or bodies.

(3)Without prejudice to the generality of subsection (2) above, in pursuance of their duty under that subsection each local authority—

(a)must carry out studies into accidents arising out of the use of vehicles on roads or parts of roads, other than [F50roads for which the Secretary of State is the highway authority (in Scotland, roads authority)], within their area,

(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 [F51roads 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.

(4)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,

(b)in relation to Scotland, a [F52council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

Textual Amendments

F51Words 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.)

F52Words 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)

Modifications etc. (not altering text)

C34S. 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)

C35S. 39(1) 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.E+W+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 authorities or bodies other than local authorities (within the meaning of section 39 of this Act).

Modifications etc. (not altering text)

C36S. 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 IIU.K. Construction and Use of Vehicles and Equipment

Modifications etc. (not altering text)

[F53Using vehicle in dangerous conditionE+W+S

Textual Amendments

F53S. 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.

F5440A 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.]

Textual Amendments

Modifications etc. (not altering text)

C38S. 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 [F55(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),

[F56(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,

F57(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F57(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.

[F58(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—

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

Textual Amendments

F57S. 41(3)(b)(c) repealed (1.4.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch. 8; S.I. 1992/421, art. 2,Sch.

[F5941A 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.]

Textual Amendments

F59Ss. 41A, 41B, 42 substituted (1.7.1992) for s. 42 by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 8(2); S.I. 1992/1286, art. 2,Sch.

[F6041B 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.]

Textual Amendments

F60Ss. 41A, 41B, 42 substituted (1.7.1992) for s. 42 by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 8(2); S.I. 1992/1286, art. 2,Sch.

Prospective

[F6141CBreach 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.]

Textual Amendments

F61S. 41C inserted (prosp.) by Road Safety Act 2006 (c. 49), ss. 18(2), 61

Modifications etc. (not altering text)

Valid from 27/02/2007

[F6241DBreach 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.]

Textual Amendments

[F6342 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) 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.]

Textual Amendments

F63Ss. 41A, 41B, 42 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 8; S.I. 1992/1286, art. 2, Sch.

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 [F64the 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.

Textual Amendments

F64Words 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,

[F65and 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.

Textual Amendments

F65Words in s. 44(1) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para.51; S.I. 1992/1286, art. 2,Sch.

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 [F66 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”),

[F67(b)examiners appointed under section 66A of this Act]

(c)inspectors 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 [F68a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

(4)Where a test certificate is refused, the examiner or inspector 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.

(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.

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

Textual Amendments

46 Particular aspects of regulations under section 45.E+W+S

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

(a)the authorisation of examiners [F69in accordance with subsection (3)(a) of that section], the imposition of conditions to be complied with by authorised examiners and the withdrawal of authorisations,

(b)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,

(c)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 applicationor 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,

(d)the form of, and particulars to be contained in, test certificates and notifications of the refusal of test certificates, and the supply by the Secretary of State of forms for such certificates and notifications and the charges to be made for the supply of such forms,

(e)the issue of duplicates of test certificates lost or defaced and the fee to be paid for the issue of such duplicates,

(f)the issue of copies of test certificates and the fees to be paid for the issue of such copies,

(g)the keeping by designated councils and authorised examinersof 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,

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

and regulations under that section may make different provision in relation to different cases or classes of cases.

Subordinate Legislation Made

P8S. 46: s. 45 (with ss. 46 and 47(5)): power exercised by S.I 1991/253

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

For previous exercises of power under s. 46 see Index to Government Orders

P9S. 46: s. 45 (with s. 46) power exercised (4.7.1991) by S.I. 1991/1525 and (7.10.1991) by S.I. 1991/2229

P10S. 46: s. 45 (with s. 46) power exercised (9.12.1991) by S.I. 1991/2791

Textual Amendments

Valid from 01/06/2001

[F7046A 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.]

Textual Amendments

F70S. 46A inserted (1.6.2001) by 1999 c. 12, s. 3; S.I. 2001/1896, art. 2(2)

Marginal Citations

Valid from 01/06/2001

[F7146B 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.]

Textual Amendments

F71S. 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 [F72under 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 [F73so 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.

[F74(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 [F75section 24 of the Vehicle Excise and Registration Act 1994]] before it is registered by the Secretary of State under [F76section 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.

Subordinate Legislation Made

P11S. 47 for previous exercises of power see Index to Government Orders

P12S. 45 (with ss. 46 and 47(5)) power exercised by S. I. 1991/253

Textual Amendments

F72Words 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))

F73Words 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))

F74S. 47(4) substituted (1.6.1994) by 1994 c. 9, s. 5, Sch. 2 paras. 25, 29

F75Words 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))

F76Words 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.

[F77(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 [F78(1A),] (2) and (3) above shall have effect as if for “one month” (in [F79each 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”.

F80(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F77S. 48(1A) inserted (1.7.1996) by S.I. 1996/1700, art. 2(2)

F78Words in s. 48(5)(a) inserted (1.7.1996) by S.I. 1996/1700, art. 2(3)(a)

F79Words 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, [F81or

(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 [F82and 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—

(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.

Subordinate Legislation Made

P13S. 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.

Textual Amendments

Prospective

[F8449AUse 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.]

Textual Amendments

F84S. 49A inserted (prosp.) by Road Safety Act 2006 (c. 49), ss. 48(2), 61

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 [F85the Secretary of State].

F86(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F86(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.

Textual Amendments

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, and

(iii)require any such vehicle to be submitted for examination or re-examination for any purpose of plating or certification,

(b)authorise any examination under the regulations to be carried out by or under the direction of a F87. . . vehicle examiner,

(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,

(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 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.

Subordinate Legislation Made

P14Ss. 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.

Textual Amendments

F87Word in s. 51(1)(b) 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.

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 [F88or 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.

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.

Subordinate Legislation Made

P15S. 54: for previous exercises of power see Index to Government Orders

P16S. 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)

C40S. 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 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.

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 F89. . .—

(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.

[F90(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.

Textual Amendments

F89Words in s. 57(1) omitted (1.1.1993) by virtue of S.I. 1992/3107, regs. 1(2), 16, Sch. 2 para. 5(1).

F90S. 57(1A) inserted (1.1.1993) by 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.

60 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.

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 F91. . . 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.

F92(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subordinate Legislation Made

P17S. 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

P18S. 61(1)(2): power exercised (4.6.1991) by S.I.1991/1318

Textual Amendments

F91Words in s. 61(2)(a) 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.

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.

[F93(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.

(5)The Secretary of State may by regulations—

(a)exempt from all or any of the preceding provisions of this section the use of vehicles for such purposes or in such an area as may be prescribed,

(b)except any class of goods vehicles from the provisions of subsection (2) above, and

(c)make provision for the issue in respect of a vehicle or vehicle part in such circumstances as may be prescribed of a certificate of temporary exemption exempting that vehicle or vehicle part from the provisions of subsection (1) above for such period as may be specified in the certificate.

Subordinate Legislation Made

P19S. 63(1) power fully exercised (2.12.1996): 1.7.1997 appointed by S.I. 1996/3013, reg. 14(3)

Textual Amendments

Modifications etc. (not altering text)

C41S. 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)

[F9463A 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.]

Textual Amendments

Modifications etc. (not altering text)

C42S. 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.

[F95F9564A Failure to hold EC certificate of conformity for unregistered light passenger vehicleE+W+S

(1)Subject to subsections (2) to (5) below, if a person uses on a road a light passenger vehicle—

(a)which has not been registered-

(i)under [F96section 21 of the Vehicle Excise and Registration Act 1994], or

(ii)under the law of a member 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)A person shall not be convicted of an offence under this section in respect of the use of a vehicle if he proves—

(a)that the vehicle was one in respect of which the grant of a licence under [F97the Vehicle Excise and Registration Act 1994] was not prohibited by regulation 10 of the Motor Vehicles (EC Type Approval) Regulations 1992, or

(b)in the case of a vehicle in respect of which duty is not chargeable under that Act, that the vehicle was one whose registration under [F98section 21] of that Act was not prohibited by that regulation.

(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 [F99the Vehicle Excise and Registration Act 1994]) in accordance with regulations made under [F100section 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.]

Textual Amendments

F95S. 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.

F96Words 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))

F97Words in s. 64A(2)(a) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(3)(b)(i) (with s. 57(4))

F98Words in s. 64A(2)(b) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(3)(b)(ii) (with s. 57(4))

F99Words 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))

F100Words 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.

[F101(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.

Textual Amendments

F101S. 65(1A) inserted (1.1.1993) by S.I. 1992/3107, regs. 1(2), 16, Sch. 2 para. 1(2).

[F10265A Light passenger vehicles not to be sold without EC certificate of conformityE+W+S

(1)Subject to subsections (3) to (6) below, any person who supplies a light passenger vehicle—

(a)which has not been registered—

(i)under [F103section 21 of the Vehicle Excise and Registration Act 1994], or

(ii)under the law of a member 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)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 the vehicle was one in respect of which the grant of a licence under [F104the Vehicle Excise and Registration Act 1994] was not prohibited by regulation 10 of the Motor Vehicles (EC Type Approval) Regulations 1992, or

(b)in the case of a vehicle in respect of which duty is not chargeable under that Act, that the vehicle was one whose registration under [F105section 21] of that Act was not prohibited by that regulation.

(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 a member 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 member 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)to any public authority in the United Kingdom or any other member State for the purposes of civil defence within the meaning of the Civil Defence Act 1948,

(d)to a police authority for police purposes, or

(e)to any public authority in a member 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.]

Textual Amendments

F102S. 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.

F103Words 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))

F104Words in s. 65A(3)(a) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(4)(b)(i) (with s. 57(4))

F105Words in s. 65A(3)(b) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(4)(b)(ii) (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 [F106the 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

(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 [F106the Vehicles Excise and Registration Act 1994] 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.

[F107(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—

Textual Amendments

F106Words in s. 66(1)(a)(3) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(1) (with s. 57(4))

F107S. 66(4A) inserted (1.1.1993) by S.I. 1992/3107, regs, 1(2), 16, Sch. 2 para. 4.

[F108Vehicle examinersE+W+S

Textual Amendments

F108S. 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.

F10966A 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, [F110the 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.

Textual Amendments

F110Words 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)

C43S. 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—

[F111(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.

[F112(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 [F113and section 67A of this Act]

F114(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a person appointed as an examiner under section [F11566A] of this Act,

(c)a person appointed to examine and inspect public carriages for the purposes of the M20Metropolitan 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 [F116on 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.

Textual Amendments

F115Words in s. 67(4)(b) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 10(4); S.I. 1992/1286, art. 2,Sch.

F116Words in s. 67(4)(e) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 10(5); S.I. 1992/1286, art. 2,Sch.

Marginal Citations

Prospective

[F11767A Remedying defects discovered on roadside test.E+W+S

(1)Where on testing a motor vehicle under section 67 of this Act it appears to an authorised examiner that there is a defect in the vehicle by reason that the vehicle does not comply with a construction and use requirement applicable to the vehicle, he may give a notice in writing to the person who is then the owner of the vehicle—

(a)specifying the defect and the requirement in question, and

(b)requiring him to give to the Secretary of State within the permitted period a certificate complying with subsection (4) below or a declaration complying with subsection (5) below.

(2)The powers conferred by subsection (1) above may be exercised whether or not the requirement is one mentioned in section 67(1) above and whether or not proceedings are instituted for a breach of the requirement.

(3)On testing a motor vehicle under section 67 of this Act an authorised examiner may require the person in charge of the vehicle to state whether he is the owner of the vehicle and, if he is not the owner, the name and address of the owner.

(4)A certificate under this section must contain—

(a)a statement signed by the person to whom the notice under this section was given that he has taken steps to secure—

(i)that repairs for the purpose of remedying the defects specified in the notice have been carried out at a vehicle testing station, or

(ii)that the vehicle has been examined at such a station for the purpose of ascertaining whether any such repairs have been carried out, and

(b)a statement signed by a person having power to carry out examinations at such a station under section 67 of this Act—

(i)that the signatory has either carried out any such repairs or examined the vehicle for the purpose of ascertaining whether those repairs have been carried out, and

(ii)that in his opinion the vehicle complies with the construction and use requirement specified in the notice.

(5)A declaration under this section—

(a)must be signed by the person to whom the notice under this section was given, and

(b)must state that he has sold or disposed of his interest in the vehicle to which the notice relates or that he does not intend to use it any further on a road in Great Britain.

(6)A person who, having been given a notice under this section, fails to give a certificate or declaration under this section within the permitted period to the Secretary of State is guilty of an offence.

(7)A person who fails to comply with a requirement imposed on him by an authorised examiner under subsection (3) above is guilty of an offence.

(8)The Secretary of State may by regulations make provision with respect to the examination of vehicles for the purpose of ascertaining whether any such repairs as are mentioned in subsection (4)(a) above have been carried out and with respect to the making of statements under subsection (4)(b) above and, in particular, any such regulations—

(a)may prescribe the manner in which, conditions under which and apparatus with which such examinations are carried out and make provision with respect to the maintenance of that apparatus in an efficient state, and with respect to the inspection of premises at which and apparatus with which such examinations are being, or are to be, carried out,

(b)may prescribe the manner in which applications may be made for such examinations or for such statements,

(c)shall give a right of appeal to any person aggrieved by the refusal of a person mentioned in subsection (4)(b) above to sign a certificate under that paragraph and shall prescribe the manner in which and time within which appeals under the regulations may be brought,

(d)may prescribe the information to be supplied and documents to be produced on such an application, examination or appeal,

(e)may prescribe the fees to be paid on such an application or appeal, and the repayment of the whole or of part of the fee paid on such appeal where it appears to the Secretary of State that there were substantial grounds for appeal,

(f)may prescribe the form of notices, certificates and declarations under this section and of notices of appeal and other documents required for the purposes of this section, and

(g)may make different provision for different cases.

(9)In this section “permitted period” means a period of twenty-eight days beginning with the date of the notice under this section or such longer period as the Secretary of State may, on the application of the owner of a motor vehicle, specify in writing.]

Textual Amendments

Prospective

[F11867B Tests to check whether defects have been remedied.E+W+S

(1)Where a certificate has been given under section 67A of this Act with respect to a motor vehicle, the Secretary of State may, within the period of thirty days beginning with the date on which he receives the certificate, require the person who is the owner of the vehicle at the time of the requirement to make the vehicle available for a further test by an officer of the Secretary of State.

(2)For that purpose the Secretary of State may request that person to specify—

(a)a period of seven days within which the examination is to take place, being a period falling within the period of thirty days beginning with the date of the requirement, disregarding any day in which the vehicle is outside Great Britain, and

(b)a place, or if that person thinks fit, a local government area, where the test may conveniently be carried out.

In this subsection “local government area” means, as respects England and Wales, a county district or Greater London and, as respects Scotland, a region or islands area.

(3)Where a vehicle is made available under subsection (1) above for a further test, any officer of the Secretary of State may test and inspect it for the purpose of ascertaining whether any defect specified in the notice relating to it under section 67A of this Act has been remedied.

(4)Section 67A of this Act shall apply in relation to a test under this section as it applies in relation to a test under section 67 of this Act but as if references to an authorised examiner were references to an officer of the Secretary of State.

(5)Paragraphs 3 and 4 of Schedule 2 to this Act shall apply in relation to a test under this section as they apply in relation to a deferred test, but subject to the following modifications—

(a)references to the preceding provisions of that Schedule shall be read as references to subsection (1) above,

(b)in those paragraphs “owner” shall have the meaning given by section 192 of this Act and not the meaning given by paragraph 5 of that Schedule, and

(c)the reference in paragraph 3 to premises shall be read as a reference to a place.

(6)If a person obstructs an officer of the Secretary of State acting under this section, or fails to comply with a requirement of this section or of paragraphs 3 and 4 of Schedule 2 as applied by this section, he is guilty of an offence.

(7)Any station or apparatus provided and maintained under section 45(6) of this Act by the Secretary of State or a council designated for the purpose of that section may be used by the Secretary of State or that council, as the case may be—

(a)for the carrying out of examinations for the purpose of ascertaining whether any such repairs as are mentioned in section 67A(4)(a) of this Act have been carried out, and

(b)for the carrying out of tests and inspections under this section.]

Textual Amendments

[F119Inspection of public passenger vehicles and goods vehicles]E+W+S

Textual Amendments

F119S. 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.

[F12068 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).]

Textual Amendments

F120S. 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.

Modifications etc. (not altering text)

C44S. 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)

[F121 Prohibition of unfit vehicles]E+W+S

Textual Amendments

F121Ss. 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.

[F12269 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 [F123or 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 [F123or 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 [F123or 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 [F123or 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 [F123or 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.]

Textual Amendments

F122Ss. 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)

C45S. 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)

[F12469A 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 [F125the 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).

Textual Amendments

F124Ss. 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.

F125Words 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)

C46S. 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 [F126, 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)[F127a 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 [F128or 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 [F12969(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 [F130or, 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 [F131a 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.

Textual Amendments

F126Words in s. 70(1) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 13(2)(a); S.I. 1992/1286, art. 2,Sch.

F127Words in s. 70(2) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 13(2)(b); S.I. 1992/1286, art. 2,Sch.

F129Words in s. 70(2) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 13(3)(a); S.I. 1992/1286, art. 2,Sch.

F130Words in s. 70(2) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 13(3)(b); S.I. 1992/1286, art. 2,Sch.

F131Words in s. 70(4) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 13(4); S.I. 1992/1286, art. 2,Sch.

Modifications etc. (not altering text)

C47S. 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)

[F13271 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.]

Textual Amendments

Modifications etc. (not altering text)

C48S. 71 restricted (1.7.1992) by S.I. 1992/1217, reg.7 (with reg. 11).

S. 71 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

[F13372 Removal of prohibitions.E+W+S

(1)Subject to the following provisions of this section, a prohibition under section 69 or 70 of this Act may be removed by any vehicle examiner or authorised constable if he is satisfied that the vehicle is fit for service.

(2)If the prohibition has been imposed with a direction under section 69A(1) or (2) of this Act, the prohibition shall not be removed unless and until the vehicle has been inspected in accordance with the direction.

(3)If the prohibition has been imposed with a direction under section 69A(3) of this Act, subsection (1) above shall not apply; but the prohibition shall be removed, by such person as may be prescribed, if (and only if) any prescribed requirements relating to the inspection of the vehicle and the issue and production of a test certificate have been complied with.

(4)If the prohibition has been imposed with a direction under section 69A(4) of this Act, the prohibition shall not be removed unless and until any prescribed requirements relating to the inspection of the vehicle have been complied with.

(5)A person aggrieved by the refusal of a vehicle examiner or authorised constable to remove a prohibition may, within the prescribed time and in the prescribed manner, appeal to the Secretary of State.

(6)The Secretary of State may make such order on the appeal as he thinks fit.

(7)Where a vehicle examiner or authorised constable removes a prohibition, he must forthwith give notice of the removal to the owner of the vehicle.

(8)The Secretary of State may require the payment of fees, in accordance with prescribed scales and rates, for the inspection of a vehicle with a view to the removal of a prohibition; and—

(a)payment of fees may be required to be made in advance, and

(b)the Secretary of State must ensure that all the scales and rates prescribed for the purposes of this subsection are reasonably comparable with—

(i)in the case of goods vehicles, the fees charged by virtue of section 51(1)(h) in respect of periodic examination, and

(ii)in the case of other vehicles, the fees charged by virtue of section 46(c).

(9)The Secretary of State may make regulations for prescribing anything which may be prescribed under this section and for regulating the procedure, and fees payable, on appeals to him under subsection (5) above.

(10)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.]

Textual Amendments

F133Ss. 72 and 72A substituted (1.7.1992) for s. 72 by Road Traffic Act 1991 (c. 40, SIF 107:1), s.15; S.I. 1992/1286, art. 2,Sch.

Modifications etc. (not altering text)

C49S. 72 restricted (1.7.1992) by S.I. 1992/1217, reg.7 (with reg. 11).

S. 72 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

F13472A Official testing stations.E+W+S

The Secretary of State may provide and maintain stations (in this Part of this Act referred to as “official testing stations”) where inspections of goods vehicles for the purposes of section 72 may be carried out and may provide and maintain the apparatus for carrying out such inspections.

Textual Amendments

F134Ss. 72 and 72A substituted (1.7.1992) for s. 72 by Road Traffic Act 1991 (c. 40, SIF 107:1). s.15; S.I. 1992/1286, art. 2,Sch.

Modifications etc. (not altering text)

C50S. 72A restricted (1.7.1992) by S.I. 1992/1217, reg.7 (with reg. 11).

S. 72A excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

73 Provisions supplementary to sections 69 to 72.E+W+S

[F135(1)Where it appears to a person giving a notice under section 69(6) or 70(2) of this Act that the vehicle concerned is [F136, by virtue of section 5 of the Goods Vehicles (Licensing of Operators) Act 1995, authorised to be used under an operator’s licence,]], he must as soon as practicable take steps to bring the contents of the notice to the attention of—

(a)the traffic commissioner by whom [F137 the licence was issued] , and

(b)the holder of the licence if he is not in charge of the vehicle at the time when the notice is given.

[F138(1ZA)Where in a case within subsection (1) above it appears to the person giving the notice that the vehicle is authorised to be used under two or more operators’ licences—

(a)if those licences were issued by different traffic commissioners, his duty under paragraph (a) of that subsection may be discharged by taking steps to bring the contents of the notice to the attention of any one of those commissioners,

(b)if those licences are held by different persons and none of those persons is in charge of the vehicle at the time when the notice is given, his duty under paragraph (b) of that subsection may be discharged by taking steps to bring the contents of the notice to the attention of any one of those persons, and

(c)if those licences are held by different persons and any of those persons is in charge of the vehicle at the time when the notice is given, no steps need be taken under that subsection to bring the contents of the notice to the attention of the others.]

(1A)Where it appears to a person giving a notice under section 69(6) or 70(2) of this Act that the vehicle concerned is used under a PSV operator’s licence, he must as soon as practicable take steps to bring the contents of the notice to the attention of—

(a)the traffic commissioner by whom the PSV operator’s licence was granted for the vehicle, and

(b)the holder of the licence if he is not in charge of the vehicle at the time when the notice is given.

(1B)In a case not within subsection (1) or subsection (1A) above, a person giving a notice under section 69(6) or 70(2) of this Act must as soon as practicable take steps to bring the contents of the notice to the attention of the owner of the vehicle if he is not in charge of it at the time when the notice is given.

(1C)A person giving a notice to the owner of a vehicle under section 72(7) of this Act must as soon as practicable take steps to bring the contents of the notice to the attention of any other person—

(a)who was the person to whom the previous notice under section 69(6) or 70(2) was given and was then the owner of the vehicle, or

(b)to whose attention the contents of the previous notice were brought under this section.

F139(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Any reference in sections 69 to 72 of this Act 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.

(4)In this section [F140“operator’s licence” has the same meaning as in the Goods Vehicles (Licensing of Operators) Act 1995][F141; and “PSV operator’s licence” has the same meaning as in the Public Passenger Vehicles Act 1981].

Textual Amendments

F135S. 73(1)(1A)(1B)(1C) substituted (1.7.1992) for s. 73(1) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 56(2); S.I. 1992/1286, art. 2, Sch.

F136Words in s. 73(1) substituted (1.1.1996) by 1995 c. 23, s. 60(1), Sch. 7 para. 12(1)(a) (with ss. 54, 55); S.I. 1995/2181, art. 2

F137Words in s. 73(1)(a) substituted (1.1.1996) by 1995 c. 23, s. 60(1), Sch. 7 para. 12(1)(b) (with ss. 54, 55); S.I. 1995/2181, art. 2

F138S. 73(1ZA) inserted (1.1.1996) by 1995 c. 23, s. 60(1), Sch. 7 para. 12(2) (with ss. 54, 55); S.I. 1995/2181, art. 2

F140Words in s. 73(4) substituted (1.1.1996) by 1995 c. 23, s. 60(1), Sch. 7 para. 12(3) (with ss. 54, 55); S.I. 1995/2181, art. 2

Modifications etc. (not altering text)

C51S. 73 restricted (1.7.1992) by S.I. 1992/1217, reg. 7 (with reg. 11).

S. 73 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

Miscellaneous provisions about vehicles and vehicle partsU.K.

74 Operator’s duty to inspect, and keep records of inspections of, goods vehicles.E+W+S

(1)The Secretary of State may make regulations requiring the operator for the time being of a goods vehicle to which the regulations apply to secure—

(a)the carrying out by a suitably qualified person (including the operator if so qualified) of an inspection of the vehicle for the purpose of ascertaining whether [F142the following requirements are complied with, namely—

(i)]the construction and use requirements with respect to any prescribed matters, being requirements applicable to the vehicle, [F143and

(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]

and

(b)the making and authentication of records of such matters relating to any such inspection as may be prescribed, including records of the action taken to remedy any defects discovered on the inspection,

and providing for the preservation of such records for a prescribed period not exceeding fifteen months and their custody and production during that period.

(2)Regulations under this section may—

(a)apply to all goods vehicles or to goods vehicles of such classes as may be prescribed,

(b)require the inspection of goods vehicles under the regulations to be carried out at such times, or before the happening of such events, as may be prescribed, and

(c)make different provision for different cases.

(3)Any person who contravenes or fails to comply with any provision of regulations under this section is guilty of an offence.

(4)In this section “the operator”, in relation to a goods vehicle, means the person to whom it belongs or the hirer of it under a hire purchase agreement; but, if he has let it on hire (otherwise than by way of hire-purchase) or lent it to any other person, it means a person of a class prescribed by regulations under this section in relation to any particular class of goods vehicles or, subject to any such regulations, that other person.

Textual Amendments

F142Words in s. 74(1)(a) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para.57; S.I. 1992/1286, art. 2,Sch.

F143S. 74(1)(a)(ii) and word "and" preceding it substituted (1.7.1992) for words in s. 74(1)(a) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para.57; S.I. 1992/1286, art. 2,Sch.

Modifications etc. (not altering text)

C52s. 74 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

75 Vehicles not to be sold in unroadworthy condition or altered so as to be unroadworthy.E+W+S

(1)Subject to the provisions of this section no person shall supply a motor vehicle or trailer in an unroadworthy condition.

(2)In this section references to supply include—

(a)sell,

(b)offer to sell or supply, and

(c)expose for sale.

(3)For the purposes of subsection (1) above a motor vehicle or trailer is in an unroadworthy condition if—

(a)it is in such a condition that the use of it on a road in that condition would be unlawful by virtue of any provision made by regulations under section 41 of this Act as respects—

(i)brakes, steering gear or tyres, or

(ii)the construction, weight or equipment of vehicles,. . .

F144(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F145(b)it is in such a condition that its use on a road would involve a danger of injury to any person]

(4)Subject to the provisions of this section no person shall alter a motor vehicle or trailer so as to render its condition such that the use of it on a road in that condition

[F146(a)]would be unlawful by virtue of any provision made as respects the construction, weight or equipment of vehicles by regulations under section 41 [F147or

(b)would involve a danger of injury to any person.]

(5)A person who supplies or alters a motor vehicle or trailer in contravention of this section, or causes or permits it to be so supplied or altered, is guilty of an offence.

(6)A person shall not be convicted of an offence under this section in respect of the supply or alteration of a motor vehicle or trailer if he proves—

(a)that it was supplied or altered, as the case may be, for export from Great Britain, or

(b)that he had reasonable cause to believe that the vehicle or trailer would not be used on a road in Great Britain, or would not be so used until it had been put into a condition in which it might lawfully be so used, F148. . .

F149(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F150(6A)Paragraph (b) of subsection (6) above shall not apply in relation to a person who, in the course of a trade or business—

(a)exposes a vehicle or trailer for sale, unless he also proves that he took all reasonable steps to ensure that any prospective purchaser would be aware that its use in its current condition on a road in Great Britain would be unlawful, or

(b)offers to sell a vehicle or trailer, unless he also proves that he took all reasonable steps to ensure that the person to whom the offer was made was aware of that fact.]

(7)Nothing in the preceding provisions of this section shall affect the validity of a contract or any rights arising under a contract.

F151(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F144S. 75(3)(a)(iii) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 16(2), 83, Sch. 8; S.I. 1992/1286, art. 2,Sch.

F145S. 75(3)(b) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 16(2); S.I. 1992/1286, art. 2,Sch.

F146Word in s. 75(4) inserted (1.7.1992) by Road Traffic 1991 (c. 40, SIF 107:1), s. 16(3); S.I. 1992/1286, art. 2,Sch.

F147Word and s. 75(4)(b) added (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 16(3); S.I. 1992/1286, art. 2,Sch.

F148Word in s. 75(6) 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.

Modifications etc. (not altering text)

C53S. 75 restricted (1.7.1992) by S.I. 1992/1217, reg.7 (with reg. 11).

76 Fitting and supply of defective or unsuitable vehicle parts.E+W+S

(1)If any person—

(a)fits a vehicle part to a vehicle, or

(b)causes or permits a vehicle part to be fitted to a vehicle,

in such circumstances that the use of the vehicle on a road would, by reason of that part being fitted to the vehicle [F152involve a danger of injury to any person or], constitute a contravention of or failure to comply with any of the construction and use requirements, he is guilty of an offence.

(2)A person shall not be convicted of an offence under subsection (1) above if he proves—

(a)that the vehicle to which the part was fitted was to be exported from Great Britain, or

(b)that he had reasonable cause to believe that that vehicle—

(i)would not be used on a road in Great Britain, or

(ii)that it would not be so used until it had been put into a condition in which its use [F153on a road] would not constitute a contravention of or a failure to comply with any of the construction and use requirements [F153and would not involve a danger of injury to any person.].

(3)If a person—

(a)supplies a vehicle part or causes or permits a vehicle part to be supplied, and

(b)has reasonable cause to believe that the part is to be fitted to a motor vehicle, or to a vehicle of a particular class, or to a particular vehicle,

he is guilty of an offence if that part could not be fitted to a motor vehicle or, as the case may require, to a vehicle of that class or of a class to which the particular vehicle belongs, except in such circumstances that the use of the vehicle on a road would, by reason of that part being fitted to the vehicle, constitute a contravention of or failure to comply with any of the construction and use requirements [F154or involve a danger of injury to any person].

(4)In this section references to supply include—

(a)sell, and

(b)offer to sell or supply.

(5)A person shall not be convicted of an offence under subsection (3) above in respect of the supply of a vehicle part if he proves—

(a)that the part was supplied for export from Great Britain, or

(b)that he had reasonable cause to believe that—

(i)it would not be fitted to a vehicle used on a road in Great Britain, or

(ii)it would not be so fitted until it had been put into such a condition that it could be fitted otherwise than in such circumstances that the use of the vehicle on a road would, by reason of that part being fitted to the vehicle, constitute a contravention of or failure to comply with any of the construction and use requirements [F154or involve a danger of injury to any person].

(6)An authorised examiner may at any reasonable hour enter premises where, in the course of a business, vehicle parts are fitted to vehicles or are supplied and test and inspect any vehicle or vehicle part found on those premises for the purpose of ascertaining whether—

(a)a vehicle part has been fitted to the vehicle in such circumstances that the use of the vehicle on a road would, by reason of that part being fitted to the vehicle, constitute a contravention of or failure to comply with any of the construction and use requirements [F154or involve a danger of injury to any person], or

(b)the vehicle part could not be supplied for fitting to a vehicle used on roads in Great Britain without the commission of an offence under subsection (3) above.

(7)For the purpose of testing a motor vehicle and any trailer drawn by it the authorised examiner may drive it and for the purpose of testing a trailer may draw it with a motor vehicle.

(8)Any person who obstructs an authorised examiner acting under subsection (6) or (7) above is guilty of an offence.

(9)In subsections (6) to (8) above “authorised examiner” means a person who may act as an authorised examiner for the purposes of section 67 of this Act; and any such person, other than a constable in uniform, shall produce his authority to act for the purpose of subsections (6) and (7) above if required to do so.

(10)Nothing in this section shall affect the validity of a contract or of any rights arising under a contract.

Textual Amendments

F153Words in s. 76(2)(b)(ii) inserted (1.7.1992) and words at the end added (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 58(3); S.I. 1992/1286, art. 2,Sch.

F154Words in s. 76(3)(5)(b)(ii)(6)(a) added (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 58(4); S.I. 1992/1286, art. 2,Sch.

Modifications etc. (not altering text)

C54S. 76 restricted (1.7.1992) by S.I. 1992/1217, reg.7 (with reg. 11).

77 Testing condition of used vehicles at sale rooms, etc.E+W+S

(1)An authorised examiner may at any reasonable hour enter premises where used motor vehicles or trailers are supplied in the course of a business and test and inspect any used motor vehicle or trailer found on the premises for the purpose of ascertaining whether it is in an unroadworthy condition for the purposes of section 75(1) of this Act.

(2)In this section (except paragraph (d) below) references to supply include—

(a)sell,

(b)offer for sale or supply,

(c)expose for sale, and

(d)otherwise keep for sale or supply.

(3)An authorised examiner may at any reasonable hour enter premises where vehicles or vehicle parts of a class prescribed for the purposes of section 63 of this Act are supplied in the course of a business and test and inspect any such vehicle or vehicle part for the purpose of ascertaining whether the vehicle or vehicle part complies with the type approval requirements applicable to a vehicle or vehicle part of that class.

(4)For the purpose of testing a motor vehicle and any trailer drawn by it the authorised examiner may drive it and for the purpose of testing a trailer may draw it with a motor vehicle.

(5)A person who obstructs an authorised examiner acting under this section is guilty of an offence.

(6)In this section “authorised examiner” means a person who may act as an authorised examiner for the purposes of section 67 of this Act; and any such person, other than a constable in uniform, shall produce his authority to act for the purposes of that section if required to do so.

(7)A motor vehicle or trailer shall be treated for the purposes of this section as used if, but only if, it has previously been sold or supplied by retail.

Modifications etc. (not altering text)

C55S. 77 restricted (1.7.1992) by S.I. 1992/1217, regs.7,9 (with reg. 11).

78 Weighing of motor vehicles.E+W+S

(1)Subject to any regulations made by the Secretary of State, an authorised person may, on production of his authority, require the person in charge of a motor vehicle—

(a)to allow the vehicle or any trailer drawn by it to be weighed, either laden or unladen, and the weight transmitted to the road by any parts of the vehicle or trailer in contact with the road to be tested, and

(b)for that purpose, to proceed to a weighbridge or other machine for weighing vehicles.

(2)For the purpose of enabling a vehicle or a trailer drawn by it to be weighed or a weight to be tested in accordance with regulations under subsection (1) above, an authorised person may require the person in charge of the vehicle to drive the vehicle or to do any other thing in relation to the vehicle or its load or the trailer or its load which is reasonably required to be done for that purpose.

(3)If a person in charge of a motor vehicle—

(a)refuses or neglects to comply with any requirement under subsection (1) or (2) above, or

(b)obstructs an authorised person in the exercise of his functions under this section,

he is guilty of an offence.

(4)An authorised person may not require the person in charge of the motor vehicle to unload the vehicle or trailer, or to cause or allow it to be unloaded, for the purpose of its being weighed unladen.

(5)Regulations under subsection (1) above may make provision with respect to—

(a)the manner in which a vehicle or trailer is to be weighed or a weight is to be tested as mentioned in subsection (1) above, and

(b)the limits within which, unless the contrary is proved, any weight determined by a weighbridge or other machine for weighing vehicles is to be presumed to be accurate for the purposes of any provision made by or under this Act or by or under any other enactment relating to motor vehicles or trailers,

and the regulations may make different provision in relation to vehicles of different classes, in relation to different types of weighbridges and other machines and in relation to different circumstances.

(6)If—

(a)at the time when the requirement is made the vehicle is more than five miles from the weighbridge or other machine, and

(b)the weight is found to be within the limits authorised by law,

the highway authority (in Scotland, roads authority) on whose behalf the requirement is made must pay, in respect of loss occasioned, such amount as in default of agreement may be determined by a single arbitrator (in Scotland, arbiter) agreed upon by the parties or, in default of agreement, appointed by the Secretary of State.

(7)The Secretary of State may by order designate areas in Great Britain where subsection (6) above is to have effect, in such cases as may be specified by the order, with the substitution for five miles of a greater distance so specified.

An order under this subsection shall be made by statutory instrument subject to annulment by a resolution of either House of Parliament.

(8)In this section—

(a)road” includes any land which forms part of a harbour or which is adjacent to a harbour and is occupied wholly or partly for the purposes of harbour operations,

(b)authorised person” means a person authorised by a highway authority (in Scotland, a roads authority) or a constable authorised on behalf of such an authority by a police authority or a chief officer of police,

and in this subsection “harbour” and “harbour operations” have the meanings given to them by section 57(1) of the M21Harbours Act 1964.

Modifications etc. (not altering text)

C56S. 78 restricted (1.7.1992) by S.I. 1992/1217, regs.7,9 (with reg. 11).

Marginal Citations

79 Further provisions relating to weighing of motor vehicles.E+W+S

(1)Where a motor vehicle or trailer is weighed under section 78 of this Act, a certificate of weight must be given to the person in charge of the vehicle, and the certificate so given shall exempt the motor vehicle and the trailer, if any, from being weighed so long as it is during the continuance of the same journey carrying the same load.

(2)On production of his authority—

F155(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)an examiner appointed under section [F15666A] of this Act, or

(c)any of the Secretary of State’s officers authorised by him in that behalf,

may at any time exercise with respect to the weighing of [F156goods vehicles, public service vehicles, and vehicles which are not public service vehicles but are adapted to carry more than eight passengers,] all such powers with respect to the weighing of motor vehicles and trailers as are exercisable under section 78 of this Act by a constable authorised as mentioned in subsection (8) of that section.

(3)The provisions of section 78 of this Act shall apply accordingly in relation to [F157such vehicles]

(a)as if references to a constable so authorised included references to such [F158an] examiner or officer of the Secretary of State, and

(b)as if the reference in subsection (6) to the authority on whose behalf the requirement is made were a reference to the Secretary of State, and

(c)as if the reference in that subsection to the Secretary of State were a reference, in relation to England and Wales, to the Lord Chief Justice of England and, in relation to Scotland, to the Lord President of the Court of Session.

(4)A certificate in the prescribed form which—

(a)purports to be signed by an authorised person (within the meaning of section 78 of this Act) or by a person exercising powers by virtue of subsection (2) above, and

(b)states, in relation to a vehicle identified in the certificate, any weight determined in relation to that vehicle on the occasion of its being brought to a weighbridge or other machine in pursuance of a requirement under section 78(1) of this Act,

shall be evidence (in Scotland, sufficient evidence) of the matter so stated.

(5)If, for the purposes of or in connection with the determination of any weight in relation to a vehicle which is brought to a weighbridge or other machine as mentioned in section 78(1) of this Act, an authorised person (within the meaning of that section) or a person exercising powers by virtue of subsection (2) above—

(a)drives a vehicle or does any other thing in relation to a vehicle or its load or a trailer or its load, or

(b)requires the driver of a vehicle to drive it in a particular manner or to a particular place or to do any other thing in relation to a vehicle or its load or a trailer or its load,

neither he nor any person complying with such a requirement shall be liable for any damage to or loss in respect of the vehicle or its load or the trailer or its load unless it is shown that he acted without reasonable care.

Textual Amendments

Modifications etc. (not altering text)

C57S. 79 restricted (1.7.1992) by S.I. 1992/1217, regs.7,9 (with reg. 11).

80 Approval marks.U.K.

(1)Where any international agreement to which the United Kingdom is a party or a Community obligation provides—

(a)for markings to be applied—

(i)to motor vehicle parts of any description to indicate conformity with a type approved by any country, or

(ii)to a motor vehicle to indicate that the vehicle is fitted with motor vehicle parts of any description and either that the parts conform with a type approved by any country or that the vehicle is such that as so fitted it conforms with a type so approved, and

(b)for motor vehicle parts or, as the case may be, motor vehicles, bearing those markings to be recognised as complying with the requirements imposed by the law of another country,

the Secretary of State may by regulations designate the markings as approval marks, and any markings so designated shall be deemed for the purposes of the M22Trade Descriptions Act 1968 to be a trade description, whether or not the markings fall within the definition of the expression in section 2 of that Act.

(2)Any person who, without being authorised by the competent authority to apply any approval mark, applies that mark or a mark so nearly resembling it as to be calculated to deceive is guilty of an offence under the Trade Descriptions Act 1968, whether or not he would be guilty of such an offence apart from this subsection.

(3)The conditions subject to which approval of any type may be given on behalf of the United Kingdom or the use of approval marks indicating conformity with a type approved by the United Kingdom may be authorised may include such conditions as to testing or inspection and the payment of fees as the Secretary of State may impose.

(4)In this section—

Marginal Citations

Pedal cycles and horse-drawn vehiclesE+W+S

81 Regulation of brakes, bells etc., on pedal cycles.E+W+S

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

(2)In particular, but without prejudice to the generality of subsection (1) above, the regulations may make provision as to—

(a)the number, nature and efficiency of brakes and their maintenance in proper working order,

(b)the appliances to be fitted for signalling approach and their maintenance in proper working order, and

(c)the testing and inspection, by persons authorised under the regulations, of any equipment prescribed under this section and of lighting equipment and reflectors.

(3)Regulations under this section may provide for repealing byelaws dealing with the same subject-matter as the regulations, and for suspending while the regulations remain in force any power of making such byelaws.

(4)Regulations under this section may be made so as to apply either generally or in such circumstances only as may be specified in the regulations.

(5)Regulations under this section as to the use on roads of cycles may prohibit the sale or supply, or the offer of a sale or supply, of a cycle for delivery in such a condition that the use of it on a road in that condition would be a contravention of the regulations, but no provision made by virtue of this subsection shall affect the validity of any contract or any rights arising under a contract.

(6)If a person sells or supplies or offers to sell or supply a cycle in contravention of any prohibition imposed by regulations made by virtue of subsection (5) above, he is guilty of an offence, unless he proves—

(a)that it was sold, supplied or offered for export from Great Britain, or

(b)that he had reasonable cause to believe that it would not be used on a road in Great Britain, or would not be so used until it had been put into a condition in which it might lawfully be so used.

82 Regulation of brakes on horse-drawn vehicles.E+W+S

(1)The Secretary of State may make regulations for regulating the number, nature and use of brakes, including skid pans and locking-chains, in the case of vehicles drawn by horses or other animals, or any class of such vehicles, when used on roads.

(2)Regulations under this section may be made for securing that such brakes are efficient and kept in proper working order, and for empowering persons authorised by or under the regulations to test and inspect any such brakes, whether on a road or elsewhere.

F159(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Regulations under this section may be made so as to apply either generally or in such circumstances only as may be specified in the regulations.

Textual Amendments

F159S. 82(3) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XV Grp. 1

MiscellaneousE+W+S

83 Offences to do with reflectors and tail lamps.E+W+S

A person who sells, or offers or exposes for sale, any appliance adapted for use as a reflector or tail lamp to be carried on a vehicle in accordance with the provisions of this Act or of any regulations made under it, not being an appliance which complies with the construction and use requirements applicable to a class of vehicles for which the appliance is adapted, is guilty of an offence.

Modifications etc. (not altering text)

C58S. 83 restricted (1.7.1992) by S.I. 1992/1217, reg.7 (with reg. 11).

84 Appointment of officials and destination of fees.E+W+S

(1)Subject to the consent of the Treasury as to number, the Secretary of State may appoint such officers and servants as he considers necessary for the operation of the provisions of sections 68 to 73 of this Act.

(2)There shall be paid to [F160examiners appointed under section 66A] of this Act such remuneration or salaries and such allowances (if any) as the Secretary of State may, with the consent of the Treasury, determine.

(3)In every year there shall be paid out of monies provided by Parliament such sums as the Secretary of State may, with the consent of the Treasury, direct in respect of the remuneration, salaries and allowances under subsection (2) above and the other expenses of examiners.

(4)Any sum received by the Secretary of State in pursuance of sections 45, 46, 49 to 51, 54 to 62,72(9) and 80 of this Act shall be paid into the Consolidated Fund.

Textual Amendments

F160Words in s. 84(2) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 60; S.I. 1992/1286, art. 2,Sch.

85 Interpretation of Part II.E+W+S

In this Part of this Act—

Textual Amendments

F161Definition of “the Community Recording Equipment Regulation" in s. 85 substituted (25.4.1996) by S.I. 1996/941, reg. 3

F162O.J. No. L370, 31.12.85, p.8.

F163O.J. No. L318, 17.11.90, p.20.

F164O.J. No. L374, 22.12.92, p.12.

F165O.J. No. L256, 26.10.95, p.8.

F166S.I. 1986/1456; the relevant amending instruments are S.I. 1987/805 and S.I. 1988/760.

F167Definition in s. 85 inserted (1.1.1993) by S.I. 1992/3107, regs. 1(2), 16, Sch. 2 para. 5(2)(a).

F168Definition of “licensing authority" in s. 85 repealed (1.1.1996) by 1995 c. 23, s. 60(1)(2), Sch. 7 para. 13, Sch. 8 Pt. I; S.I. 1995/2181, art. 2

F169Definitions in s. 85 inserted (1.1.1993) by S.I. 1992/3107, regs. 1(2), 16, Sch. 2 para. 5(2)(b).

F171Definition in s. 85 inserted (1.7.1992) (after the definition of "prescribed") by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 61(b); S.I. 1992/1286, art. 2, Sch.

Marginal Citations

86 Index to Part II.E+W+S

The expressions listed in the left-hand column below are respectively defined or (as the case may be) fall to be construed in accordance with the provisions of this Part of this Act listed in the right-hand column in relation to those expressions.

Certificate of conformity[F172Section 57(1A)]
Community Recording Equipment RegulationSection 85
Construction and use requirementsSection 41(7)
Design weights Section 54(3)
[F173 EC certificate of conformity][F173 Section 85 ]
Examination for platingSection 49(4)
Goods vehicle examinerSection 68(2)
Goods vehicle testSection 49(4)
Goods vehicle test certificateSection 49(2)(b)
F174. . .F174. . .
[F175Light passenger vehicle][F175 Section 85]
[F175Light passenger vehicle type approval Directive]F175 Section 85
Minister’s approval certificate Section 58(1)
[F175Motorcycle type approval Directive][F175 Section 85]
Official testing stationSection 85
Plating certificateSection 49(2)(a)
Plated particularsSection 41(7)
Plated weightsSection 41(7)
PrescribedSection 85
[F176Public service vehicle][F176Section 85]
Relevant aspects of design, construction, equipment and markingSection 54(6)
Sold or supplied by retailSection 85
Tail lampSection 85
Test certificateSection 45(2)
Traffic areaSection 85
Type approval certificateSection 55(2)
Type approval requirementsSection 54(1)
[F176Vehicle examiner][F176Section 66A]
Vehicle partSection 85

Textual Amendments

F172Words in the Table in s. 86 substituted (1.1.1993) by S.I. 1992/3107, regs. 1(2), 16, Sch. 2 para. 5(3)(a).

F173Words in the Table in s. 86 inserted (1.1.1993) by S.I. 1992/3107, regs. 1(2), 16, Sch. 2 para. 5(3)(b).

F174Words in Table in s. 86 repealed (1.1.1996) by 1995 c. 23, s. 60(1)(2), Sch. 7 para. 14, Sch. 8 Pt. I (with ss. 54, 55); S.I. 1995/2181, art. 2

F175Words in the Table in s. 86 inserted (1.1.1993) by S.I. 1992/3107, regs. 1(2), 16, Sch. 2 para. 5(3)(b).

F176Words in the Table in s. 86 inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 62; S.I. 1992/1286, art. 2, Sch.

Part IIIU.K. Licensing of drivers of vehicles

Modifications etc. (not altering text)

Requirement to hold licenceE+W+S

87 Drivers of motor vehicles to have driving licences.E+W+S

(1)It is an offence for a person to drive on a road a motor vehicle of any class [F177otherwise than in accordance with] a licence authorising him to drive a motor vehicle of that class.

(2)It is an offence for a person to cause or permit another person to drive on a road a motor vehicle of any class [F178otherwise than in accordance with a licence authorising that other person] to drive a motor vehicle of that class.

F179(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

88 Exceptions.E+W+S

(1)Notwithstanding section 87 of this Act, a person may drive or cause or permit another person to drive a vehicle of any class if—

[F180(a)the driver has held—

(i)a licence under this Part of this Act to drive vehicles of that or a corresponding class, or

[F181(ia)a Community licence to drive vehicles of that or a corresponding class, or]

(ii)a Northern Ireland licence to drive vehicles of that or a corresponding class, or

(iii)a British external licence or British Forces licence to drive vehicles of that or a corresponding class, or

(iv)an exchangeable licence to drive vehicles of that or a corresponding class, and

(b)either—

(i)a qualifying application by the driver for the grant of a licence to drive vehicles of that class for a period which includes that time has been received by the Secretary of State, or

(ii)a licence to drive vehicles of that class granted to him has been revoked or surrendered in pursuance of section 99(3) or (4) of this Act otherwise than by reason of a current disqualification or of its having been granted in error, and]

(c)any conditions which by virtue of section 97(3) or 98(2) of this Act apply to the driving under the authority of the licence of vehicles of that class are complied with.

[F182(1A)An application for the grant of a licence to drive vehicles of any class is a qualifying application for the purposes of subsection (1)(b)(i) above if—

(a)the requirements of paragraphs (a), (b) so far as it relates to initial evidence and (c) of section 97(1) of this Act have been satisfied;

(b)the applicant—

(i)is not subject to a current disqualification which is relevant to the licence he applies for, and

(ii)is not prevented from obtaining it by section 89 of this Act [F183or section 4(1) of or paragraph 6(1) or 9(1) of Schedule 1 to the Road Traffic (New Drivers) Act 1995]; and

(c)the declaration made in pursuance of section 92(1) of this Act indicates that he is not suffering from a relevant disability.]

[F182(1B)A disqualification is relevant to a licence for which a person makes an application if—

(a)in the case of an application made by virtue of any provision of subsection (1)(a) above, the disqualification subsists under or by virtue of any provision of the Road Traffic Acts and relates to vehicles of the class to which his application relates;

[F184(aa)in the case of an application made by virtue of subsection (1)(a)(ia) above, the disqualification subsists under or by virtue of any provision of the law of an EEA State (other than the United Kingdom) and relates to vehicles of the class, or of a class corresponding to the class, to which his application relates;]

(b)in the case of an application made by virtue of subsection (1)(a)(ii) above, the disqualification subsists under or by virtue of any provision of the law of Northern Ireland and relates to vehicles of the class, or of a class corresponding to the class, to which his application relates;

(c)in the case of an application made by virtue of subsection (1)(a)(iii) above, the disqualification subsists under or by virtue of any provision of the relevant external law or, as the case may be, is a disqualification for holding or obtaining a British Forces licence and relates to vehicles of the class, or of a class corresponding to the class, to which his application relates; and

(d)in the case of an application made by virtue of subsection (1)(a)(iv) above, the disqualification subsists under or by virtue of any provision of the law of the F185. . . country or territory under which the licence which he held was granted and relates to vehicles of the class, or of a class corresponding to the class, to which his application relates;

but a disqualification which does not prevent the person disqualified from obtaining a provisional licence or, as the case may be, a licence corresponding to a provisional licence is relevant to a full licence but not to a provisional licence.]

(2)The benefit of subsection (1) above does not extend—

(a)beyond the date when a licence is granted in pursuance of the application mentioned in subsection (1)(b) above or (as the case may be) in pursuance of section 99(7) of this Act in consequence of the revocation or surrender so mentioned, or

(b)in a case where a licence is not in fact so granted, beyond the expiration of the period of one year or such shorter period as may be prescribed, beginning on the date of the application or (as the case may be) the revocation or surrender mentioned in subsection (1)(b) above [F186, or]

[F186(c)in a case where a licence is refused under section 92(3) of this Act, beyond the day on which the applicant receives notice of the refusal.]

(3)The Secretary of State may by regulations provide that subsection (1) above shall also apply (where the requirements of that subsection are otherwise met) in the case of a person who has not previously held a licence to drive vehicles of the relevant class.

(4)Regulations made by virtue of subsection (3) above shall, if not previously revoked, expire at the end of the period of one year beginning with the day on which they came into operation.

(5)Regulations may provide that a person who becomes resident in Great Britain shall, during the prescribed period after he becomes so resident, be treated for the purposes of section 87 of this Act as the holder of a licence authorising him to drive motor vehicles of the prescribed classes if—

(a)he satisfies the prescribed conditions, and

(b)he is the holder of a permit of the prescribed description authorising him to drive vehicles under the law of a country outside the United Kingdom.

(6)Regulations made by virtue of subsection (5) above may provide for the application of any enactment relating to licences [F187, counterparts of licences]or licence holders, with or without modifications, in relation to any such permit and its holder respectively.

(7)Notwithstanding section 87 of this Act—

(a)a person who is not the holder of a licence may act as steersman of a motor vehicle, being a vehicle on which a speed limit of five miles per hour or less is imposed by or under section 86 of the M24Road Traffic Regulation Act 1984, under the orders of another person engaged in the driving of the vehicle who

[F188(i)is licensed in that behalf in accordance with the requirements of this Part and Part IV of this Act, or

(ii)is authorised by virtue of section 99A(1) of this Act to drive in Great Britain such a motor vehicle, and]

(b)a person may cause or permit another person who is not the holder of a licence so to act.

[F189(8)In this Part of this Act—

Textual Amendments

F181S. 88(1)(a)(ia) inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 1(2)

F184S. 88(1B)(aa) inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 1(3)(a)

F185Words in s. 88(1B)(d) omitted (23.7.1996 for specified purposes and otherwise 1.1.1997) by virtue of S.I. 1996/1974, reg. 2, Sch. 1 para. 1(3)(b)

F188S. 88(7)(a)(i)(ii) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) for words in s. 88(7)(a) by S.I. 1996/1974, reg. 2, Sch. 1 para. 1(4)

Marginal Citations

TestsE+W+S

89 Tests of competence to drive.E+W+S

(1)A licence authorising the driving of motor vehicles of any class shall not be granted to any person unless he [F190meets the relevant residence requirement and satisfies the Secretary of State]

[F191(a)that at some time during the period of two years ending with the date the application is made but not earlier than the appointed day he has passed—

(i)the test of competence to drive prescribed by virtue of subsection (3) below, or

(ii)a Northern Ireland test of competence to drive which corresponds to such a test, or

(iii)a test of competence which under subsection (6) below is a sufficient test;

or that, if it is available to him, he satisfies the alternative requirement of section 89A of this Act; or

(b)that at some time not earlier than the appointed day he has held—

(i)a full licence authorising the driving of vehicles of that class, or

(ii)a full Northern Ireland licence authorising the driving of vehicles of that or a corresponding class;

or that, if it is available to him, he satisfies the alternative requirement of section 89A of this Act; or

(c)that at some time during the period of two years ending with the date the application is made he has passed a test of competence to drive vehicles of that or a corresponding class F192. . . for the purpose of obtaining a British Forces licence; or

(d)that at some time not earlier than the appointed day he has held a full British external licence or a full British Forces licence to drive vehicles of that or a corresponding class or that, if it is available to him, he satisfies the alternative requirement of section 89A of this Act; or

(e)that at some time during the period of two years ending with the date the application is made he has passed a test of competence to drive vehicles of that or a corresponding class conducted under the law F193. . . of Gibraltar F194. . .; or

[F195(ea)that either at the time of the application for the licence he holds a Community licence authorising the driving of vehicles of that or a corresponding class or at some time he has held such a Community licence; or]]

[F196(f)that, at the time of the application for the licence, he holds an exchangeable licence authorising the driving of vehicles of that or a corresponding class.]

This subsection is subject to the provisions of this Part of this Act as to provisional licences and to the provisions of any regulations made by virtue of section 105(2)(f) of this Act.

[F197(1A)An applicant meets the relevant residence requirement referred to in subsection (1) above if on the date the application for the licence is made—

(a)in a case where he satisfies the Secretary of State in respect of paragraph (ea) of that subsection, he is normally resident in the United Kingdom or has been attending a course of study in the United Kingdom during the period of six months ending on that date;

(b)in a case where he satisfies the Secretary of State in respect of paragraph (f) of that subsection, he is normally resident in Great Britain but has not been so resident for more than the prescribed period; and

(c)in any other case, he is normally resident in Great Britain.]

[F198(2)For the purposes of subsection (1) above—

[F199(a)a licence which has been revoked under section 99(3) of this Act or under any corresponding provision of—

(i)the law of Northern Ireland,

(ii)the relevant external law, or

(iii)the law of an EEA State other than the United Kingdom,

as a licence granted in error shall be disregarded for the purposes of paragraph (b), (d) or (ea) (as the case may be) of that subsection;]

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

(c)a British external licence to drive any class of goods vehicle or any class of passenger-carrying vehicle is to be disregarded for the purposes of paragraph (d) of that subsection unless the 4Secretary of State, by order made by statutory instrument, designates the relevant external law under which it is granted as one which makes satisfactory provision for the granting of such licences.]

[F200(2A)Except as provided under subsection (5A) below, no person submitting himself for a test of competence to drive a motor bicycle shall be permitted to take the test unless he furnishes the prescribed certificate of completion by him of an approved training course for motor cyclists either with his application for an appointment for a test or to the person who is to conduct the test.]

(3)Regulations may make provision with respect to—

(a)the nature of tests of competence to drive for the purposes of this section, [F201and section 36 of the Road Traffic Offenders Act 1988 (disqualification),]

(b)the qualifications, selection and appointment of persons by whom they may be conducted and the revocation of any appointment,

(c)evidence of the results of such tests,

and generally with respect to such tests.

(4)In particular, regulations may, without prejudice to the generality of subsection (3) above, provide—

(a)for requiring a person submitting himself for a test to provide a vehicle for the purposes of the test [F202, in the case of prescribed classes of goods vehicle, loaded or unloaded as may be prescribed and, if requirements as respects loading are prescribed, loaded in accordance with the requirements],

[F203(aa)for requiring a person submitting himself for a test to have been normally resident in Great Britain or the United Kingdom for such period ending on the date of his appointment for the test as may be prescribed,]

(b)for requiring a fee, of such amount as may be specified in the regulations or, in such cases as may be prescribed, specified by such person as may be prescribed, to be paid by a person who submits himself for a test or applies for an appointment for a test,

(c)for ensuring that a person submitting himself for a test and failing to pass that test shall not be eligible to submit himself for another test by the same or any other person before the expiration of a period specified in the regulations, except under an order made by a court or sheriff under the power conferred by section 90 of this Act,

and different regulations may be made with respect to tests of competence to drive different classes of vehicles.

(5)If regulations make provision for a test of competence to drive to consist of separate parts, they may make for each part—

(a)any provision that could be made for a test not consisting of separate parts, and

(b)provision for the supply by the Secretary of State of forms for certificates evidencing the results and for charges to be made for the supply.

[F204(5A)Regulations may prescribe cases in which persons are exempt from the requirement imposed by subsection (2A) above; and the regulations may—

(a)limit the exemption to persons in prescribed circumstances;

(b)limit the exemption to a prescribed period;

(c)attach conditions to the exemption; and

(d)regulate applications for, and the issue and form of, certificates evidencing a person’s exemption from that requirement.]

(6)For the purposes of subsection [F205(1)(a)(iii) above or section 89A(2)(b)(iii) below], a test of competence shall be sufficient for the granting of a licence authorising the driving of—

(a)vehicles of any class, if at the time the test was passed it authorised the granting of a licence to drive vehicles of that class,

(b)vehicles of [F206all] classes which are designated by regulations as a group for the purposes of subsection (1)(a) above, if at the time the test was passed it authorised the granting of a licence to drive vehicles of any class included in the group [F207, and]

[F207(c)vehicles of all classes included in another such group, if a person passing the test is treated by virtue of regulations made for the purposes of this paragraph as competent also to drive vehicles of a class included in that other group.]

(7)If vehicles of any classes are designated by regulations as a group for the purposes of subsection (1)(b) above, a licence authorising the driving of vehicles of a class included in the group shall be deemed for the purposes of subsection [F208(1)(b)(i) above or section 89A(4)(a) below to authorise the driving of—

(a)vehicles of all classes included in the group [F209(except where regulations otherwise provide)], and

(b)vehicles of all classes included in another such group, if a person holding the licence is treated by virtue of regulations as competent also to drive vehicles of a class included in that other group].

The reference in this subsection to a licence does not include a licence which has been revoked in pursuance of section 99(3) of this Act.

(8)For the purposes of this section and section 88(1) of this Act, an exchangeable licence issued in respect of a F210. . ., country or territory shall not be treated as authorising a person to drive a vehicle of any [F211class] if—

(a)the licence is not for the time being valid for that purpose, or

(b)it was issued in respect of that [F211class] for a purpose corresponding to that mentioned in section 97(2) of this Act.

[F212(9)A test of competence falling within paragraphs (a)(ii), (c) or (e) of subsection (1) above shall be sufficient for the granting of a licence authorising the driving of—

(a)vehicles of all classes designated by regulations as a group for the purposes of subsection (1)(a) above, if [F213(except where regulations otherwise provide)] at the time the test was passed it authorised the granting of a licence to drive vehicles of any class included in the group, or of any class corresponding to a class included in the group, and

(b)vehicles of all classes included in another such group, if a person passing a test of competence authorising the granting of a licence to drive vehicles of a class included in the group mentioned in paragraph (a) above is treated by virtue of regulations as competent also to drive vehicles of a class included in that other group.

(10)A full Northern Ireland licence, a full British external licence, a full British Forces licence [F214, a Community licence] or an exchangeable licence shall be treated for the purposes of paragraphs (b)(ii), (d) [F215, (ea)] or (f) (as the case may be) of subsection (1) above as authorising the driving of—

(a)[F216(except where regulations otherwise provide)] vehicles of all classes designated by regulations as a group for the purposes of subsection (1)(b) above, if the licence authorises the driving of vehicles of any class included in the group, or any class corresponding to a class included in the group, and

(b)vehicles of all classes included in another such group, if by virtue of regulations a person holding a licence authorising him to drive vehicles of any class included in the group mentioned in paragraph (a) above is treated as competent also to drive vehicles of a class included in that other group.

(11)F217. . . In this section and section 89A “the appointed day” means the day appointed for the coming into force of section 1 of the Road Traffic (Driver Licensing and Information Systems) Act 1989.]

Textual Amendments

F190Words in s. 89(1) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 2(2)(a)

F192Words in s. 89(1)(c) omitted (23.7.1996 for specified purposes and otherwise 1.1.1997) by virtue of S.I. 1996/1974, reg. 2, Sch. 1 para. 2(2)(b)

F193Words in s. 89(1)(e) omitted (23.7.1996 for specified purposes and otherwise 1.1.1997) by virtue of S.I. 1996/1974, reg. 2, Sch. 1 para. 2(2)(c)(i)

F194Words in s. 89(1)(e) omitted (23.7.1996 for specified purposes and otherwise 1.1.1997) by virtue of S.I. 1996/1974, reg. 2, Sch. 1 para. 2(2)(c)(ii)

F195S. 89(1)(ea) inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 2(2)(d)

F196S. 89(1)(f) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 2(2)(e)

F197S. 89(1A) inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 2(3)

F199S. 89(2)(a) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 2(4)(a)

F208Words in s. 89(7)(including paras. (a) and (b)) substituted (1.4.1991) for words by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 8(c)

F209Words in s. 89(7)(a) inserted (23.7.1996) by S.I. 1996/1974, reg. 2, Sch. 1 para. 2(6)

F210Words in s. 89(8) omitted (23.7.1996 for specified purposes and otherwise 1.1.1997) by virtue of S.I. 1996/1974, reg. 2, Sch. 1 para. 2(7)

F213Words in s. 89(9)(a) inserted (23.7.1996) by S.I. 1996/1974, reg. 2, Sch. 1 para. 2(8)

F214Words in s. 89(10) inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 2(9)(a)

F215Words in s. 89(10) inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 2(9)(b)

F216Words in s. 89(10)(a) inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 2(9)(c)

F217Words in s. 89(11) omitted (23.7.1996 for specified purposes otherwise 1.1.1997) by virtue of S.I. 1996/1974, reg. 2, Sch. 1 para. 2(10)

Modifications etc. (not altering text)

[F21889A The alternative requirements to those in section 89.E+W+S

(1)The alternative requirements referred to in section 89(1) of this Act are the following.

(2)The reqirement which is alternative to that specified in section 89(1)(a) on an application by a person for a licence authorising the driving of motor vehicles of any class other than any class of goods vehicle or passenger-carrying vehicle prescribed for the purposes of subsection (3) below—

(a)is available to that person if the application is made within the period of ten years beginning with the appointed day, and

(b)is that at some time before the appointed day and during the period of ten years ending with the date the application is made he has passed—

(i)the test of competence to drive prescribed by virtue of section 89(3) of this Act or a test of competence to drive which corresponds to such a test, or

(ii)a Northern Ireland test of competence to drive which corresponds to any test falling within (i) above, or

(iii)a test of competence which under section 89(6) of this Act is a sufficient test or a test of competence to drive which corresponds to such a test.

(3)The requirement which is alternative to that specified in section 89(1)(a) on an application by a person for a licence authorising the driving of any class of goods vehicle or passenger-carrying vehicle prescribed for the purposes of this subsection—

(a)is available to that person if the application is made within the period of five years beginning with the appointed day, and

(b)is that at some time before the appointed day and during the period of five years ending with the date the application is made he has passed—

(i)a test of competence to drive a heavy goods vehicle or public service vehicle of a class corresponding to the class of vehicle to which his application relates, or

(ii)a corresponding Northern Ireland test of competence to drive a heavy goods vehicle or public service vehicle of a class which corresponds to the class of goods vehicle or passenger-carrying vehicle to which his application relates.

(4)The requirement which is alternative to that specified in section 89(1)(b) on an application by a person for a licence authorising the driving of motor vehicles of any class other than any class of goods vehicle or passenger-carrying vehicle prescribed for the purposes of subsection (5) below is that at some time before the appointed day but not earlier than 1st January 1976 he has held—

(a)a full licence authorising the driving of vehicles of a class corresponding to the class of motor vehicle to which his application relates, or

(b)a full Northern Ireland licence authorising the driving of vehicles of a class corresponding to the class of motor vehicle to which his application relates.

(5)The requirement which is alternative to that specified in section 89(1)(b) on an application by a person for a licence authorising the driving of any class of goods vehicle or passenger-carrying vehicle prescribed for the purposes of this subsection is that at some time before the appointed day but not earlier than the beginning of the period of five years ending with the appointed day he has held—

(a)a full heavy goods vehicle or a public service vehicle driver’s licence authorising the driving of vehicles of a class corresponding to the class of vehicle to which his application relates, or

(b)a full Northern Ireland licence to drive heavy goods vehicles of a class corresponding to the class of vehicle to which his application relates or a Northern Ireland licence to drive public service vehicles of a class corresponding to the class of vehicle to which his application relates.

(6)The requirement which is alternative to that specified in section 89(1)(d) on an application by a person for a licence authorising the driving of motor vehicles of any class—

(a)is available to that person if the application is made within the period of ten years beginning with the appointed day, and

(b)is that at some time before the appointed day and during the period of ten years ending with the date the application is made he has held a full British external licence or a full British Forces licence to drive vehicles of that or a corresponding class.

(7)In this section “heavy goods vehicle” and “public service vehicle” have the same meaning as they had for the purposes of Part IV of this Act or section 22 of the Public Passenger Vehicles Act M251981 before their repeal by section 1 of the Road Traffic (Driver Licensing and Information Systems) Act 1989.]

Textual Amendments

Marginal Citations

M251981 c.14 (107:1).

90 Review of conduct of test.E+W+S

(1)On the application of a person who has submitted himself for a test of competence to drive—

(a)a magistrates’ court acting for the petty sessions area in which he resides, or

(b)in Scotland, the sheriff within whose jurisdiction he resides,

may determine whether the test was properly conducted in accordance with regulations.

(2)The court or, as the case may be, sheriff may, if it appears that the test was not so conducted—

(a)order that the applicant shall be eligible to submit himself for another test before the expiration of the period specified for the purposes of section 89(4)(c) of this Act, and

(b)order that any fee payable by the applicant in respect of the test shall not be paid or, if it has been paid, shall be repaid.

(3)If regulations make provision for a test of competence to drive to consist of separate parts, this section applies in relation to each part as well as in relation to the whole of the test.

91 Repayment of test fees.E+W+S

A fee paid in pursuance of regulations made by virtue of section 89(4) of this Act on application for an appointment for a test may be repaid in the following cases and not otherwise—

(a)if no such appointment is made, or an appointment made is subsequently cancelled by or on behalf of the Secretary of State,

(b)if the person for whom the appointment is made gives such notice cancelling the appointment as may be prescribed for the purposes of this paragraph by regulations,

(c)if the person for whom the appointment is made keeps the appointment, but the test does not take place, or is not completed, for reasons attributable neither to him nor to any vehicle provided by him for the purposes of the test, or

(d)if an order for the repayment of the fee is made by the court or, as the case may be, sheriff under section 90 of this Act pursuant to a finding that the test was not properly conducted in accordance with the regulations.

Physical fitnessE+W+S

92 Requirements as to physical fitness of drivers.E+W+S

(1)An application for the grant of a licence must include a declaration by the applicant, in such form as the Secretary of State may require, stating whether he is suffering or has at any time (or, if a period is prescribed for the purposes of this subsection, has during that period) suffered from any relevant disability or any prospective disability.

(2)In this Part of this Act—

(a)any prescribed disability, and

(b)any other disability likely to cause the driving of a vehicle by him in pursuance of a licence to be a source of danger to the public, and

(a)at the time of the application for the grant of a licence or, as the case may be, the material time for the purposes of the provision in which the expression is used, is not of such a kind that it is a relevant disability, but

(b)by virtue of the intermittent or progressive nature of the disability or otherwise, may become a relevant disability in course of time.

(3)If it appears from the applicant’s declaration, or if on inquiry the Secretary of State is satisfied from other information, that the applicant is suffering from a relevant disability, the Secretary of State must, subject to the following provisions of this section, refuse to grant the licence.

(4)The Secretary of State must not by virtue of subsection (3) above refuse to grant a licence—

(a)on account of any relevant disability which is prescribed for the purposes of this paragraph, if the applicant has at any time passed a relevant test and it does not appear to the Secretary of State that the disability has arisen or become more acute since that time or was, for whatever reason, not disclosed to the Secretary of State at that time,

(b)on account of any relevant disability which is prescribed for the purposes of this paragraph, if the applicant satisfies such conditions as may be prescribed with a view to authorising the grant of a licence to a person in whose case the disability is appropriately controlled,

(c)on account of any relevant disability which is prescribed for the purposes of this paragraph, if the application is for a provisional licence.

(5)Where as a result of a test of competence to drive [F220or of information obtained under the relevant powers] the Secretary of State is satisfied that the person who took the test [F220or in relation to whom the information was obtained] is suffering from a disability such that there is likely to be a danger to the public—

(a)if he drives any vehicle, or

(b)if he drives a vehicle other than a vehicle of a particular [F221class],

the Secretary of State must serve notice in writing to that effect on that person and must include in the notice a description of the disability.

(6)Where a notice is served in pursuance of subsection (5)(a) above, then—

(a)if the disability is not prescribed under subsection (2) above, it shall be deemed to be so prescribed in relation to the person [F222on whom the notice is served], and

(b)if the disability is prescribed for the purposes of subsection (4)(c) above it shall be deemed not to be so prescribed in relation to him.

(7)Where a notice is served in pursuance of subsection (5)(b) above, [F223the Secretary of State may grant to the person on whom the notice is served a licence] limited to vehicles of the particular [F224class] specified in the notice [F225and, if the Secretary of State so directs in the notice, his entitlement to drive other classes of vehicles by virtue of section 98(2) of this Act shall be limited as specified in the notice].

[F226(7A)If he considers it appropriate to do so the Secretary of State may, after serving a notice in pursuance of subsection (5)(a) above, serve a notice in pursuance of subsection (5)(b) above or, after serving a notice in pursuance of subsection (5)(b) above, serve a notice in pursuance of subsection (5)(a) above or a further notice in pursuance of subsection (5)(b) above; and on his serving a further notice under any of those provisions the notice previously served shall cease to have effect and any limited licence previously granted shall be revoked by the subsequent notice.

(7B)In subsection (5) above the references to a test of competence to drive and to information obtained under the relevant power are references respectively to a test of competence prescribed for the purposes of section 89 or so much of such a test as is required to be taken in pursuance of section 94(5)(c) of this Act and to information obtained in pursuance of section 94(5)(a) or (b) of this Act.

(7C)A person whose licence is revoked by virtue of subsection (7A) above must deliver the licence [F227and its counterpart] to the Secretary of State forthwith after the revocation and a person who, without reasonable excuse, fails to do so is guilty of an offence.]

[F228(7D)In subsection (7B) above the references to section 94 of this Act include references to that section as applied by section 99D of this Act.]

(8)In this section “relevant test”, in relation to an application for a licence, means any such test of competence as is mentioned in section 89 of this Act or a test as to fitness or ability in pursuance of section 100 of the M26Road Traffic Act 1960 as originally enacted, being a test authorising the grant of a licence in respect of vehicles of the classes to which the application relates.

(9)Without prejudice to subsection (8) above, for the purposes of subsection (4)(a) above—

[F229(a)an applicant shall be treated as having passed a relevant test if, and on the day on which, he passed a test of competence to drive which—

(i)under a provision of the law of Northern Ireland or a relevant external law corresponding to subsections (3) and (4) or (6) of section 89 of this Act, either is prescribed in relation to vehicles of classes corresponding to the classes to which the application relates or is sufficient under that law for the granting of a licence authorising the driving of vehicles of those classes, or

(ii)is sufficient for the granting of a British Forces licence authorising the driving of vehicles of those classes, and]

(b)in the case of an applicant who is treated as having passed a relevant test by virtue of paragraph (a) above, disclosure of a disability to [F230his licensing authority] shall be treated as disclosure to the Secretary of State.

F231. . .

[F232(10)A person who holds a licence authorising him to drive a motor vehicle of any class and who drives a motor vehicle of that class on a road is guilty of an offence if the declaration included in accordance with subsection (1) above in the application on which the licence was granted was one which he knew to be false.]

Textual Amendments

F219Words in the definition of “disability" in s. 92(2) inserted (23.7.1996) by S.I. 1996/1974, reg. 2, Sch. 1 para. 3(2)

F222Words in s. 92(6)(a) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 3(3)

F223Words in s. 92(7) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 3(4)

F228S. 92(7D) inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 3(5)

Modifications etc. (not altering text)

Marginal Citations

93 Revocation of licence because of disability or prospective disability.E+W+S

(1)If the Secretary of State is at any time satisfied on inquiry—

(a)that a licence holder is suffering from a relevant disability, and

(b)that the Secretary of State would be required by virtue of section 92(3) F233. . . of this Act to refuse an application for the licence made by him at that time,

the Secretary of State may serve notice in writing on the licence holder revoking the licence with effect from such date as may be specified in the notice, not being earlier than the date of service of the notice.

(2)If the Secretary of State is at any time satisfied on inquiry that a licence holder is suffering from a prospective disability, the Secretary of State may—

(a)serve notice in writing on the licence holder revoking the licence with effect from such date as may be specified in the notice, not being earlier than the date of service of the notice, and

(b)on receipt of the licence so revoked [F234and its counterpart]and of an application made for the purposes of this subsection, grant to the licence holder, free of charge, a new licence for a period determined by the Secretary of State under section 99(1)(b) of this Act.

(3)A person whose licence is revoked under subsection (1) or (2) above must deliver up the licence [F235and its counterpart]to the Secretary of State forthwith after the revocation [F236and a person who, without reasonable excuse, fails to do so is guilty of an offence.]

(4)Where a person whose licence is revoked under subsection (1) or (2) above—

(a)is not in possession of his licence [F237or its counterpart]in consequence of the fact that he has surrendered [F238them]to a constable or authorised person (within the meaning of Part III of the M27Road Traffic Offenders Act 1988) on receiving a fixed penalty notice given to him under section 54 of that Act but

(b)delivers [F238them]to the Secretary of State immediately on [F238their]return,

he is not in breach of the duty under subsection (3) above.

Textual Amendments

F233Words in s. 93(1)(b) omitted (23.7.1996 for specified purposes and otherwise 1.1.1997) by virtue of S.I. 1996/1974, reg. 2, Sch. 1 para. 4

Marginal Citations

94 Provision of information, etc. relating to disabilities.E+W+S

(1)If at any time during the period for which his licence remains in force, a licence holder becomes aware—

(a)that he is suffering from a relevant or prospective disability which he has not previously disclosed to the Secretary of State, or

(b)that a relevant or prospective disability from which he has at any time suffered (and which has been previously so disclosed) has become more acute since the licence was granted,

the licence holder must forthwith notify the Secretary of State in writing of the nature and extent of his disability.

(2)The licence holder is not required to notify the Secretary of State under subsection (1) above if—

(a)the disability is one from which he has not previously suffered, and

(b)he has reasonable grounds for believing that the duration of the disability will not extend beyond the period of three months beginning with the date on which he first becomes aware that he suffers from it.

(3)A person who fails without reasonable excuse to notify the Secretary of State as required by subsection (1) above is guilty of an offence.

[F239(3A)A person who holds a licence authorising him to drive a motor vehicle of any class and who drives a motor vehicle of that class on a road is guilty of an offence if at any earlier time while the licence was in force he was required by subsection (1) above to notify the Secretary of State but has failed without reasonable excuse to do so.]

(4)If [F240the prescribed circumstances obtain in relation to a person who is an applicant for, or the holder of, a licence of if] the Secretary of State has reasonable grounds for believing that a person who is an applicant for, or the holder of, a licence may be suffering from a relevant or prospective disability, subsection (5) below applies for the purpose of enabling the Secretary of State to satisfy himself whether or not [F241that person may be suffering from that or any other relevant or prospective disability].

(5)The Secretary of State may by notice in writing served on the applicant or holder—

(a)require him to provide the Secretary of State, within such reasonable time as may be specified in the notice, with such an authorisation as is mentioned in subsection (6) below, or

(b)require him, as soon as practicable, to arrange to submit himself for examination—

(i)by such registered medical practitioner or practitioners as may be nominated by the Secretary of State, or

(ii)with respect to a disability of a prescribed description, by such officer of the Secretary of State as may be so nominated,

for the purpose of determining whether or not he suffers or has at any time suffered from a relevant or prospective disability, or

(c)except where the application is for, or the licence held is, a provisional licence, require him to submit himself for [F242such a test of competence to drive as the Secretary of State directs in the notice.]

(6)The authorisation referred to in subsection (5)(a) above—

(a)shall be in such form and contain such particulars as may be specified in the notice by which it is required to be provided, and

(b)shall authorise any registered medical practitioner who may at any time have given medical advice or attention to the applicant or licence holder concerned to release to the Secretary of State any information which he may have, or which may be available to him, with respect to the question whether, and if so to what extent, the applicant or licence holder concerned may be suffering, or may at any time have suffered, from a relevant or prospective disability.

(7)If he considers it appropriate to do so in the case of any applicant or licence holder, the Secretary of State—

(a)may include in a single notice under subsection (5) above requirements under more than one paragraph of that subsection, and

(b)may at any time after the service of a notice under that subsection serve a further notice or notices under that subsection.

(8)If any person on whom a notice is served under subsection (5) above—

(a)fails without reasonable excuse to comply with a requirement contained in the notice, or

(b)fails any test of competence which he is required to take as mentioned in paragraph (c) of that subsection,

the Secretary of State may exercise his powers under sections 92 and 93 of this Act as if he were satisfied that the applicant or licence holder concerned is suffering from a relevant disability which is not prescribed for the purposes of any paragraph of section 92(4) of this Act or, if the Secretary of State so determines, as if he were satisfied that the applicant or licence holder concerned is suffering from a prospective disability.

(9)[F243Except where the requirement is made in the circumstances prescribed for the purposes of subsection (5) above, it shall be for the Secretary of State (and not for any other person) to]defray any fees or other reasonable expenses of a registered medical practitioner in connection with—

(a)the provision of information in pursuance of an authorisation required to be provided under subsection (5)(a) above, or

(b)any examination which a person is required to undergo as mentioned in subsection (5)(b) above.

[F24494A Driving after refusal or revocation of licence.E+W+S

(1)A person who drives a motor vehicle of any class on a road otherwise than in accordance with a licence authorising him to drive a motor vehicle of that class is guilty of an offence if—

F245(a)at any earlier time the Secretary of State—

(i)has in accordance with section 92(3) of this Act refused to grant such a licence,

(ii)has under section 93(1) or (2) of this Act revoked such a licence, or

(iii)has served notice on that person in pursuance of section 99C(1) or (2) of this Act requiring him to deliver to the Secretary of State a Community licence authorising him to drive a motor vehicle of that or a corresponding class, and

F245(b)since that earlier time he has not been granted—

(i)a licence under this Part of this Act, or

(ii)a Community licence,

authorising him to drive a motor vehicle of that or a corresponding class.]

(2)Section 88 of this Act shall apply in relation to subsection (1) above as it applies in relation to section 87.

Textual Amendments

F245S. 94A(1)(a)(b) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 5(2)

95 Notification of refusal of insurance on grounds of health.E+W+S

(1)If an authorised insurer refuses to issue to any person such a policy of insurance as complies with the requirements of Part VI of this Act on the ground that the state of health of that person is not satisfactory, or on grounds which include that ground, the insurer shall as soon as practicable notify the Secretary of State of that refusal and of the full name, address, sex and date of birth of that person as disclosed by him to the insurer.

(2)In subsection (1) above “authorised insurer” means a person or body of persons carrying on insurance business within Group 2 in Part II of Schedule 2 to the M28Insurance Companies Act 1982 and being a member of the Motor Insurers’ Bureau (a company limited by guarantee and incorporated under the M29Companies Act 1929 on 14th June 1946).

Marginal Citations

96 Driving with uncorrected defective eyesight.E+W+S

(1)If a person drives a motor vehicle on a road while his eyesight is such (whether through a defect which cannot be or one which is not for the time being sufficiently corrected) that he cannot comply with any requirement as to eyesight prescribed under this Part of this Act for the purposes of tests of competence to drive, he is guilty of an offence.

(2)A constable having reason to suspect that a person driving a motor vehicle may be guilty of an offence under subsection (1) above may require him to submit to a test for the purpose of ascertaining whether, using no other means of correction than he used at the time of driving, he can comply with the requirement concerned.

(3)If that person refuses to submit to the test he is guilty of an offence.

Modifications etc. (not altering text)

Granting of licences, their form and durationE+W+S

97 Grant of licences.E+W+S

(1)Subject to [F246the following provisions of this section] and section 92 of this Act [F247and, in the case of licences to drive large goods vehicles or passenger-carrying vehicles, to Part IV of this Act], the Secretary of State must F248. . . grant a licence to a person who—

(a)makes an application for it in such manner and containing such particulars as the Secretary of State may specify [F249and pays the fee (if any) which is prescribed],

(b)provides the Secretary of State with such evidence or further evidence in support of the application as the Secretary of State may require,

[F250(c)surrenders to the Secretary of State—

(i)any previous licence granted to him after 1st January 1976 and its counterpart,

(ii)any Community licence and its counterpart (if any) issued to him, and

(iii)any British external licence or British Forces licence or exchangeable licence held by him,

or provides the Secretary of State with an explanation for not surrendering them which the Secretary of State considers adequate,]

(d)is not [F251, in accordance with section 88(1B) of this Act, subject to a current disqualification which is relevant to the licence he applies for] and is not prevented from obtaining it by the provisions of section 89 of this Act [F252or section 4(1) of or paragraph 6(1) or 9(1) of Schedule 1 to the Road Traffic (New Drivers) Act 1995].

(2)If the application for the licence states that it is made for the purpose of enabling the applicant to drive a motor vehicle with a view to passing a test of competence to drive, any licence granted in pursuance of the application shall be a provisional licence for that purpose, and nothing in section 89 of this Act shall apply to such a licence.

(3)A provisional licence—

(a)shall be granted subject to prescribed conditions,

(b)shall, in any cases prescribed for the purposes of this paragraph, be restricted so as to authorise only the driving of vehicles of the classes so prescribed,

(c)may, in the case of a person appearing to the Secretary of State to be suffering from a relevant disability or a prospective disability, be restricted so as to authorise only the driving of vehicles of a particular construction or design specified in the licence, F253. . .

[F254(d)shall not authorise a person under the age of 21 years, before he has passed a test of competence to drive a motor bicycle,—

(i)to drive a motor bicycle without a side-car unless it is a learner motor bicycle (as defined in subsection (5) below) or its first use (as defined in regulations) occurred before 1st January 1982 and the cylinder capacity of its engine does not exceed 125 cubic centimetres, or

(ii)to drive a motor bicycle with a side-car unless its power to weight ratio is less than or equal to 0.16 kilowatts per kilogram,][F255, and

(e)except as provided under subsection (3B) below, shall not authorise a person, before he has passed a test of competence to drive, to drive on a road a motor bicycle except where he has successfully completed an approved training course for motor cyclists or is undergoing training on such a course and is driving the motor [F256bicycle] on the road as part of the training.]

[F257(3A)Regulations may make provision as respects the training in the driving of motor bicycles of persons wishing to obtain licences authorising the driving of such motor [F258bicycles] by means of courses of training provided in accordance with the regulations; and the regulations may in particular make provision with respect to—

(a)the nature of the courses of training;

(b)the approval by the Secretary of State of the persons providing the courses and the withdrawal of his approval;

(c)the maximum amount of any charges payable by persons undergoing the training;

(d)certificates evidencing the successful completion by persons of a course of training and the supply by the Secretary of State of the forms which are to be used for such certificates; and

(e)the making, in connection with the supply of forms of certificates, of reasonable charges for the discharge of the functions of the Secretary of State under the regulations;

and different provision may be made for training in different classes of motor [F258bicycles].

(3B)Regulations may prescribe cases in which persons holding a provisional licence are exempt from the restriction imposed by subsection (3)(e) above on their driving under the licence; and the regulations may—

(a)limit the exemption to persons in prescribed circumstances;

(b)limit the exemption to a prescribed period or in respect of driving in a prescribed area;

(c)attach conditions to the exemption; and