Reservation
This Section provides that the subject-matter of the following Acts are reserved matters:
the Motor Vehicles (International Circulation) Act 1952. This Act deals with the issue of international driving permits and the recognition of foreign permits;
the Public Passenger Vehicles Act 1981 and the Transport Act 1985, so far as relating to the system of public service vehicle operator licensing. The licensing system is administered by the Traffic Commissioner for the Scottish Traffic Area constituted under the 1981 Act;
sections 17 and 25 and Parts V and VI of the Road Traffic Regulation Act 1984. These deal respectively with:
what traffic can use special roads (which are defined in section 151 of the Roads (Scotland) Act 1984 and can include motorways);
the design, layout and operation of pedestrian crossings;
the regulation of traffic signs; and
speed limits.
the Road Traffic Act 1988 and the Road Traffic Offenders Act 1988. The Road Traffic Offenders Act 1988 deals with the prosecution and punishment of offenders for a range of road traffic offences. The Road Traffic Act 1988 covers a range of matters:
road safety provisions (Part I), such as the main criminal offences relating to road safety. However, as indicated below, the Scottish Parliament has legislative competence in relation to the promotion of road safety;
construction and use of vehicles and equipment (Part II);
licensing of drivers of vehicles, including drivers of large goods vehicles and passenger carrying vehicles (Parts III and IV);
driving instruction (Part V). As the provision in the 1988 Act is about paid instruction in the driving of a motor car on a road, this reservation is supplemented by a general reservation for the regulation of the instruction of drivers of other types of motor vehicles;
third party liabilities (Part VI) - the compulsory insurance of motor vehicles.
the Vehicle Excise and Registration Act 1994. This Act deals with the licensing and registration of vehicles;
the Road Traffic (New Drivers) Act 1995. This Act deals with the revocation of driving licences during the licence-holder’s probationary period; and
the Goods Vehicle (Licensing of Operators) Act 1995. This Act provides for the system of licensing of operators of goods vehicles. The licensing system is administered by the Traffic Commissioner for the Scottish Traffic Area constituted under the Public Passenger Vehicles Act 1981.
Various other matters are also reserved:
regulation of proper hours or periods of work by persons engaged in the carriage of passengers or goods by road;
the conditions under which international road transport services for passengers or goods may be undertaken; and
regulation of the instruction of drivers of motor vehicles. As indicated above this provision supplements the reservation of the subject-matter of Part V of the Road Traffic Act 1988 which deals with instruction of motor car drivers to ensure that the reservation covers the paid instruction of drivers of all types of motor vehicles.
