Road Traffic Act 1960
1960 c. 16
An Act to consolidate, with corrections and improvements made under the Consolidation of Enactments (Procedure) Act 1949, certain enactments relating to road traffic.
Act amended by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 187(3)
Part I
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
Part II
97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
Part III
117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
Part IV
164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
186. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
187. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
188. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
189. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
Part V
192. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
Part VI
201. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
Part VII MISCELLANEOUS AND GENERAL
217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
222. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
223. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14
Production of Documents and Furnishing of Information
225. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
232 Duty to give information as to identity of driver, &c., in certain cases.
1
This section applies—
a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
F17b
to any offence under section 2 of the Goods Vehicles (Licensing of Operators) Act 1995;
c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18
2
Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies—
a
the F20person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give—
i
by or on behalf of a chief officer of police,
ii
. . . F21
and
b
any other person shall if required as aforesaid give any information which it is in his power to give and may lead to the identification of the driver.
F97...
C33
A person who fails to comply with the requirement of paragraph (a) of the last foregoing subsection shall be guilty of an offence unless he shows to the satisfaction of the court that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle . . . F22, was, and a person who fails to comply with the requirement of paragraph (b) of that subsection shall be guilty of an offence; and a person guilty of an offence under this subsection shall be liable on summary conviction F23to a fine not exceeding F24level 3 on the standard scale.
Forgery, false Statements, &c.
F25233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
234. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26
F27235. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
236. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28
239. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29
240. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30
Legal Proceedings and Destination of Fines
241. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31
242 Evidence by certificate.
1
In any proceedings in England or Wales for an offence to which section two hundred and thirty-two of this Act applies a certificate in the prescribed form, purporting to be signed by a constable and certifying that a person specified in the certificate stated to the constable—
a
that a particular motor vehicle was being driven F32or used by, or belonged to, that person on a particular occasion; or
b
that a particular motor vehicle F33on a particular occasion was used by or belonged to a firm in which that person also stated that he was at the time of the statement a partner; or
c
that a particular motor vehicle F33on a particular occasion was used by or belonged to a corporation of which that person also stated that he was at the time of the statement a director, officer or employee,
shall be admissible as evidence for the purpose of determining by whom the vehicle was being driven, F32or used or to whom it belonged, as the case may be, on that occasion.
2
Nothing in the foregoing subsection shall be deemed to make a certificate admissible as evidence in proceedings for an offence except in a case where and to the like extent to which oral evidence to the like effect would have been admissible in those proceedings.
3
Nothing in subsection (1) of this section shall be deemed to make a certificate admissible as evidence in proceedings for an offence—
a
unless a copy thereof has, not less than seven days before the hearing or trial, been served in the prescribed manner on the person charged with the offence; or
b
if that person, not later than three days before the hearing or trial or within such further time as the court may in special circumstances allow, serves a notice in the prescribed form and manner on the prosecutor requiring attendance at the trial of the person who signed the certificate.
4
In this section “prescribed” means prescribed by rules made by the Secretary of State by statutory instrument.
243 Proof, in summary proceedings, of identity of driver of vehicle.
Where on the summary trial in England or Wales of an information for an offence to which section two hundred and thirty-two of this Act applies—
a
it is proved to the satisfaction of the court, on oath or in manner prescribed by F103 Criminal Procedure Rules, that a requirement under subsection (2) of the said section two hundred and thirty-two to give information as to the identity of the driver of a particular vehicle on the particular occasion to which the information relates has been served on the accused F104in accordance with Criminal Procedure Rules; and
b
a statement in writing is produced to the court purporting to be signed by the accused that the accused was the driver of that vehicle on that occasion,
the court may accept that statement as evidence that the accused was the driver of that vehicle on that occasion.
244 Time for commencing summary proceedings for certain offences.
Summary proceedings for an offence F34. . . . . . F35F34. . . F36under section 99(5) of the Transport Act 1968 may be brought—
a
within a period of six months F37from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this section more than three years after the commission of the offence. For the purposes of this section a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
245. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38
246. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39
247 Destination of fines.
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40
F412
There shall be paid into the Consolidated Fund all fines imposed in respect of offences committed in Scotland under the foregoing provisions of this Act or the regulations thereunder.
Inquiries
F98248 General power to hold inquiries.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F99249 General provisions as to inquiries.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
250. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42
251. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43
Interpretation
252. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44
253 Interpretation of expressions relating to motor vehicles and classes or descriptions thereof.
1
In this Act “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, and “trailer” means a vehicle drawn by a motor vehicle:
Provided that a side-car attached to a motor cycle shall, if it complies with such conditions as may be specified in regulations made by the Minister, be regarded as forming part of the vehicle to which it is attached and not as being a trailer.
2
In this Act “motor car” means a mechanically propelled vehicle, not being a motor cycle or an invalid carriage, which is constructed itself to carry a load or passengers and the weight of which unladen—
a
if it is constructed solely for the carriage of passengers and their effects, is adapted to carry not more than seven passengers exclusive of the driver, and is fitted with tyres of such type as may be specified in regulations made by the Minister, does not exceed F453050 kilograms;
b
if it is constructed or adapted for use for the conveyance of goods or burden of any description, does not exceed F453050 kilograms, or F453500 kilograms if the vehicle carries a container or containers for holding for the purpose of its propulsion any fuel which is wholly gaseous at F4617·5 degrees Celsius under a pressure of F461·13 bar or plant and materials for producing such fuel;
c
does not exceed F452540 kilograms in a case falling within neither of the foregoing paragraphs.
3
In this Act “heavy motor car” means a mechanically propelled vehicle, not being a motor car, which is constructed itself to carry a load or passengers and the weight of which unladen exceeds F452540 kilograms.
4
In this Act (except for the purposes of the provisions thereof relating to the provision by parish councils of parking places for bicycles and motor cycles) “motor cycle” means a mechanically propelled vehicle, not being an invalid carriage, with less than four wheels and the weight of which unladen does not exceed F45410 kilograms.
5
In this Act “invalid carriage” means a mechanically propelled vehicle the weight of which unladen does not exceed F45254 kilograms and which is specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical defect or disability and is used solely by such a person.
6
In this Act “motor tractor” means a mechanically propelled vehicle which is not constructed itself to carry a load, other than the following articles, that is to say, water, fuel, accumulators and other equipment used for the purpose of propulsion, loose tools and loose equipment, and the weight of which unladen does not exceed F457370 kilograms.
7
8
In this Act “heavy locomotive” means a mechanically propelled vehicle which is not constructed itself to carry a load, other than any of the articles aforesaid, and the weight of which unladen exceeds F4511,690 kilograms.
9
For the purposes of this section, in a case where a motor vehicle is so constructed that a trailer may by partial superimposition be attached to the vehicle in such a manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle, that vehicle shall be deemed to be a vehicle itself constructed to carry a load.
10
For the purposes of this section, in the case of a motor vehicle fitted with a crane, dynamo, welding plant or other special appliance or apparatus which is a permanent or essentially permanent fixture, the appliance or apparatus shall not be deemed to constitute a load or goods or burden of any description, but shall be deemed to form part of the vehicle.
11
The Minister may by regulations vary any of the maximum or minimum weights specified in the foregoing provisions of this section, and such regulations may have effect either generally or in the case of vehicles of any class or description specified in the regulations and either for the purposes of this Act and of all regulations thereunder or for such of those purposes as may be so specified; and nothing in F47section 86 of the Road Traffic Regulation Act 1984 shall be construed as limiting the powers conferred by this subsection.
254. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48
255 Method of calculating weight of motor vehicles. C4
For the purposes of this Act . . . F49, the weight unladen of a vehicle shall be taken to be the weight of the vehicle inclusive of the body and all parts (the heavier being taken where alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle when working on a road, but exclusive of the weight of water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle, and of loose tools and loose equipment.
256. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50
257 General interpretation provisions.
1
In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say,—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52
“driver”, where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle, and “drive” shall be construed accordingly;
F53. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54
F53. . .
“the Minister” means F55the Secretary of State;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56
F57“road” means any highway and any other road to which the public has access, and includes bridges over which a road passes;
F57“road” has the same meaning as in the Roads (Scotland) Act 1984;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54
F53. . .
F53. . .
. . . F58
2
References in this Act to any enactment shall be construed, except where the context otherwise requires, as references to that enactment as amended by or under any subsequent enactment.
258. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59
259. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60
260. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61
Supplementary
261. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62
F63263. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F64264. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65265. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F100266 Repeal of provisions as to use of bridges by locomotives.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F66267. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67268. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
269 Saving for law of nuisance. C5
Nothing in this Act shall authorise a person to use on a road a vehicle so constructed or used as to cause a public or private nuisance, or in Scotland a nuisance, or affect the liability, whether under statute or common law, of the driver or owner so using such a vehicle.
F101270 Commencement.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
271 Short title and extent.
1
This Act may be cited as the Road Traffic Act 1960.
2
This Act shall not extend to Northern Ireland.
SCHEDULES
F68F68FIRST SCHEDULE
Sch. 1 repealed by Road Traffic Regulation Act 1967 (c. 76), Schs. 7, 8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68
F69F69SECOND, THIRD SCHEDULES
Schs. 2, 3 repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69
F70F70FOURTH TO SEVENTH SCHEDULES
Schs. 4–7 repealed by Road Traffic Regulation Act 1967 (c. 76), Schs. 7, 8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70
F71F71EIGHTH, NINTH SCHEDULES
Schs. 8, 9 repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71
F72F72TENTH SCHEDULE
Sch. 10 repealed by Road Traffic Regulation Act 1967 (c. 76), Schs. 7, 8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72
F73F73ELEVENTH SCHEDULE
Sch. 11 repealed by Road Traffic Act 1962 (c. 59), Sch. 5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73
F74F74TWELFTH SCHEDULE
Sch. 12 repealed by Transport Act 1980 (c. 34), Sch. 9 Pt. I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74
F75F75THIRTEENTH, FOURTEENTH SCHEDULES
Schs. 13, 14 repealed by Transport Act 1968 (c. 73), Sch. 18 Pt. IV
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75
F76F76FIFTEENTH, SIXTEENTH SCHEDULES
Schs. 15, 16 repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76
F77SEVENTEENTH SCHEDULE Amendments of other Acts
Sch. 17 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.XV.
. . . F80
Entries repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I
The Road Traffic Act, 1930 (20 & 21 Geo. 5. c. 43)
Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II
After subsection (1) of section one hundred and twenty-one (interpretation) there shall be inserted the following subsection:—
1A
References in this Act to public service vehicles, contract carriages . . . F81 shall be construed in like manner as if they were contained in the Road Traffic Act, 1960.
The London Passenger Transport Act, 1933 (23 & 24 Geo. 5.c. 14)
Words repealed by Transport (London) Act 1969 (c. 35), Sch. 6
Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II
. . . F82
After subsection (1) of section one hundred and seven (interpretation) there shall be inserted the following subsection:—
1A
References in this Act to public service vehicles, stage carriages, express carriages, contract carriages . . . F83 shall be construed in like manner as if they were contained in the Road Traffic Act, 1960.
. . . F84
Entry repealed by Road Traffic Regulation Act 1967 (c. 76), Schs. 7, 8
. . . F85
Entries repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I
. . . F86
Entries repealed by Transport Act 1962 (c. 46), Sch. 12
. . . F87
Entry repealed by Transport Act 1980 (c. 34), Sch. 9 Pt.I
The Post 0ffice Act, 1953 (1 & 2. Eliz. 2. c. 36)
After subsection (1) of section eighty-seven (interpretation) there shall be inserted the following subsection:—
1A
In the applicatiion of this Act to Great Britain, references to public service vehicles shall be construed in like manner as if they were contained in the Road Traffic Act, 1960.
The Transport Charges &c. (Miscellaneous Provisions) Act, 1954 (2 & 3 Eliz. 2. c. 64)
In subsection (1) of section thirteen (interpretation) for the words from “and “public service vehicle”” to the end there shall be substituted the words “and references to public service vehicles, road service licences and trolley vehicles shall be construed in like manner as if they were contained in the Road Traffic Act, 1960.”.
. . . F88
Entries repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I
. . . F89
Entry repealed by Transport Act 1980 (c. 34), Sch. 9 Pt.I
The Highways Act, 1959 (7 & 8 Eliz. 2. c. 25)
Entry repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II
In subsection (1) of section nineteen (certain trunk roads to be treated as special roads), for the words “the Special Roads Act, 1949 (except subsection (2) of section nine)” there shall be substituted the words “subsection (4) of section nine of the Special Roads, 1949”.
. . . F90
EIGHTEENTH SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78
S. 267(1), Sch. 18 repealed by Statute Law (Repeals) Act 1974 (c. 22), s. 1, Sch. Pt. XI
F79NINETEENTH SCHEDULE SAVINGS AND TRANSITIONAL PROVISIONS
Sch. 19 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.XV.
1
In so far as any order, regulation, rule, scheme, byelaw, advance, agreement, application, appointment, arrangement, declaration, determination, nomination, objection, request, specification or statement made or having effect as if made, authorisation, dispensation, licence or permit granted, approval, certificate, consent, designation, direction or notice issued, given or delivered, condition, prohibition or requirement imposed or attached, classification or backing effected, or other thing done, under an enactment repealed by this Act could have been made, granted, issued, given, delivered, imposed, attached, effected or done under a corresponding provision of this Act, it shall not be invalidated by the repeal effected by section two hundred and sixty-seven of this Act, but shall have effect as if made, granted, issued, given, delivered, imposed, attached, effected or done under that corresponding provision.
2
Nothing in this Act shall affect the enactments repealed thereby in their operation in relation to offences committed before the commencement of this Act or to appeals against disqualifications by virtue of convictions for offences so committed or against orders made in consequence of such convictions.
3
Any enactment passed before the passing of this Act referring, whether specifically or by means of a general description, to an enactment repealed by this Act shall, unless the contrary intention appears, be construed as referring to the corresponding provision of this Act, and any document made or issued before the passing of this Act or any time thereafter (whether before or after the commencement of this Act) referring, whether specifically or by means of a general description, to an enactment so repealed shall, unless the contrary intention appears, be similarly construed.
4
1
Without prejudice to paragraph 1 of this Schedule, any reference in this Act (whether express or implied) to a thing done or made or falling to be done or made, or to a thing suffered, or to an event which has occurred, under or for the purposes of or by reference to a provision of this Act shall, in so far as the context permits, be construed as including a reference to the corresponding thing done or made or falling to be done or made, to the corresponding thing suffered or, as the case may be, to the corresponding event which occurred under, or for the purposes of, or by reference to, the corresponding provision of the enactments repealed by this Act.
2
The foregoing sub-paragraph shall not apply to any reference in this Act 1 to a conviction . . . F91.
5F92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Where an offence, being an offence for the continuance of which a penalty was provided, has been committed under an enactment repealed by this Act, proceedings may be taken under this Act in respect of the continuance of the offence after the commencement of this Act, in the same manner as if the 8 offence had been committed under the corresponding provision of this Act.
7F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
Any person appointed to an office under or by virtue of an enactment repealed by this Act shall be deemed to have been appointed to that office under or by virtue of this Act.
10
Any record kept under an enactment repealed by this Act shall be deemed to form part of the record kept under the corresponding provision of this Act.
11
Without prejudice to the generality of the foregoing provisions of this Schedule, anything done by the Minister as respects Scotland before the coming into operation of the M2Transfer of Functions (Roads, Bridges and Ferries) Order 1955, being a thing done in the exercise of a function to which the entries pertaining to that Order in the third column of Part II of the last foregoing Schedule relate, shall continue to have effect as if done by the Secretary of State or by the Minister and the Secretary of State acting jointly, as the case may be.
12F94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15F95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17
The repeal by this Act of subsection (2) of section forty-six of the M3Road Traffic Act 1956, shall not affect the validation effected thereby of any scheme for the establishment on a road of crossings for foot passengers, and the repeal by this Act of subsection (3) of that section shall not affect the validation effected thereby of regulations under section eighteen of the M4Road Traffic Act 1934; but nothing in this paragraph shall affect any proceedings for a contravention of such regulations which were pending at the coming into operation of the said section forty-six.
18
Subsection (8) of section forty-six of the M5Road Traffic Act 1930, shall be deemed always to have had effect as if the reference therein to urban districts had included a reference to boroughs not being county boroughs.
19
The repeal by this Act of section one hundred and sixteen of, and the Fourth Schedule to, the Road Traffic Act 1930, or of any enactment amending or otherwise relating to those provisions shall not affect any right to such compensation as is mentioned in that section, and the like provisions as to the determination and payment of such compensation (including provisions as to appeals against a refusal of the grant thereof or as to the amount thereof) shall apply as would have applied if this Act had not passed.
F102TWENTIETH SCHEDULE SPECIAL PROVISIONS AS TO COMING INTO OPERATION OF CERTAIN PROVISIONS OF THIS ACT
Sch. 20 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 14
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Act amended (London) by London Government Act 1963 (c. 33), s. 9(6)