Road Traffic Regulation Act 1967 (repealed)

• (b) as an amount payable regardless of the period for which a vehicle is left.

• (2) Subject to the said sections 84A, 84B and 84C, the authority by whom a designation order is made may by order make such provision as may appear to that authority to be necessary or expedient for regulating or restricting the use of any parking place designated by the order, or otherwise for or in connection with the operation of such a parking place, and in particular, but without prejudice to the generality of the foregoing provision, provision—

• (a) for regulating the time at which and the method by which any charge is to be paid and for requiring the use of apparatus of such type or design as may be approved by the appropriate Minister, either generally or specially (hereinafter referred to as a parking meter) being apparatus designed either—

• (i) to indicate whether any charge has been paid and whether the period for which it has been paid or any further period has elapsed, or

• (ii) to indicate the time and to issue tickets indicating the payment of a charge and the period in respect of which it has been paid ;

• (b) for treating the indications given by a parking meter or any ticket issued by it, or the absence of any such ticket from a vehicle left in a parking place, as evidence, and in Scotland sufficient evidence, of such facts as may be provided by the order;

• (c) for prohibiting the insertion in a parking meter of coins additional to those inserted by way of payment of any charge;

• (d) for enabling the local authority to determine, subject to any restrictions specified in the order, the number and dimensions of the spaces in which vehicles may be left in a parking place ;

• (e) for authorising the alteration of the position in a parking place or the removal from a parking place of vehicles in respect of which any order relating to the parking place has been contravened or not complied with and for the safe custody of vehicles so removed;

• (f) for exempting from the payment of any charge any vehicle left in a parking place in such circumstances as may be specified in the order and for treating any vehicles so exempted as having been left there, and the charge from which it is exempted as having been paid, at such time as may be so specified ;

• (g) for prohibiting or restricting the carrying on of trade or other activities, or the doing of any other thing, at a parking place;

• (h) for conferring on the local authority powers of illuminating parking places, and of erecting notices or signs and carrying out work on or in the vicinity of a parking place;

• (i) for regulating the grant, revocation and surrender of any permit such as is mentioned in section 35(1A) of this Act and the issue, use and surrender of tokens indicating the holding of such a permit or the payment of any charge in connection with the issue or use of the permit, for requiring a vehicle to which such a permit applies to display the permit or such a token when left in any parking place to which the permit applies, and for treating the display of or failure to display the permit or such a token on any vehicle left at a parking place as evidence, and in Scotland sufficient evidence, of such facts as may be provided by the order;

• (j) for the refund in such circumstances and in such manner as may be prescribed by the order of the amount of any charge paid in advance by virtue of the said section 35(1A).

Provisions supplementary to ss. 35 and 36.

37

• (1) Where, under a designation order, vehicles may not be left at all times in the parking place designated by it—

• (a) the parking place shall for the purpose of sections 36 and 42 of this Act be treated, as respects any time during which vehicles may not be left there in pursuance of the order, as if it were not designated by the order ;

• (b) any vehicle left in the parking place which remains there at the beginning of a period during which vehicles may be left there in pursuance of the order shall for the purposes of those sections be treated as if it had been left there at the beginning of that period, but without prejudice to any rights or liabilities in respect of anything done or omitted at any time before the beginning or after the end of that period.

• (2) A designation order may revoke the designation of any place as a parking place under section 6 or 28 of this Act, and such an order, or an order under either of those sections containing a designation of a place as a parking place, may provide that the designation shall not have effect as respects any time as respects which provision is made under section 35 of this Act for the leaving of vehicles in that place.

• (3) Subject to sections 84A, 84B and 84C of this Act, the authority by whom a parking place is designated under section 35 of this Act may by order empower the local authority, the chief officer of police or any other person specified by or under the order to provide for the moving, in case of emergency, of vehicles left in the parking place, to suspend the use of the parking place or any part thereof on such occasions or in such circumstances as may be determined by or under the order, and to provide for the temporary removal of any parking meters installed at the parking place.

• (4) Any local authority may acquire, whether by purchase or by hiring, such parking meters and other apparatus as appear to the authority to be required or likely to be required for the purposes of their functions under sections 35 and 36 of this Act and of this section.

• (5) Where provision is made for the use of parking meters it shall be the duty of the local authority to take the prescribed steps for the periodical inspection of the meters and for dealing with any found to be out of order, and for securing the testing of the meters (both before they are brought into use and not less frequently thereafter than may be prescribed or on other prescribed occasions) and for recording in the prescribed manner the date on which and the person by whom a meter has been tested ; and in this subsection the expression " prescribed " means prescribed by order of the appropriate Minister made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament, and the power to make an order under this subsection shall include power to make an order varying or revoking any previous order thereunder.

• (6) Where provision is made for the use of apparatus other than parking meters, subsection (5) above shall apply to such apparatus as it applies to a parking meter.

Designation orders outside Greater London.

39

• (1) A designation order made in respect of highways in any area outside Greater London may include such provisions—

• (a) for any of the purposes specified in paragraphs (a) to (c) of section 1(3) of this Act, or

• (b) for authorising the use, without charge (but subject to such, if any, conditions as may be specified in the order), of any part of a road as a parking place for vehicles or for vehicles of such classes as may be specified in the order,

as the authority making the order may consider appropriate in connection with the designation order; and a designation order making provision for any of the purposes referred to in paragraph (a) above may vary or revoke any subsisting provision made for any of those purposes under section 1 of this Act.

• (2) A designation order making such provision as is mentioned in subsection (1)(b) above may include provision for the removal, from any place authorised by virtue of that paragraph to be used as a parking place, of any vehicle left there in contravention of the order, and for the safe custody of the vehicle.

Provisions supplementary to ss. 35 to 39.

40

• (2) Anything authorised or required by the provisions of sections 35, 36 and 37 of this Act to be prescribed or to be done by order may, save as otherwise expressly required, be prescribed or done either by a designation order or by a general order.

Limitation of right to challenge designation orders in legal proceedings.

41

• (1) If any person desires to question the validity of a designation order, or of any provision contained in the order, on the ground that it is not within the powers of sections 35, 36, 37 and 39 of this Act, or on the ground that any requirement of those sections or of section 84A, 84B or 84C of this Act or of any regulations made under the said section 84C has not been complied with in relation to the order, he may, within six weeks from the date on which the order is made, make an application for the purpose to the High Court or the Court of Session, as the case may be.

• (2) On any application under subsection (1) above, the court—

• (a) may, by interim order, suspend the operation of the designation order, or of any provision of that order, either generally or so far as may be necessary for the protection of the interests of the applicant, until the final determination of the proceedings ; and

• (b) if satisfied that the designation order, or any provision of that order, is not within the said powers, or that the interests of the applicant have been substantially prejudiced by failure to comply with any of the said requirements, may quash the designation order, or any provision of that order, either generally or so far as may be necessary as aforesaid.

• (3) Except as provided by this section, a designation order shall not, either before or after it has been made, be questioned in any legal proceedings whatever.

Offences relating to parking places on highways where charges made.

42

• (1) A person who—

• (a) being the driver of a vehicle, leaves a vehicle in a parking place designated by a designation order otherwise than as authorised by or under an order relating to the parking place, or leaves the vehicle therein for longer after the excess charge has been incurred than the time so authorised, or fails duly to pay any charge payable under section 35 of this Act, or contravenes or fails to comply with any provision of an order relating to the parking place as to the manner in which vehicles shall stand in, or be driven into or out of, the parking place, or

• (b) whether being the driver of a vehicle or not, otherwise contravenes or fails to comply with any order relating to parking places designated by designation orders,

shall, subject to subsection (3) below, be liable on summary conviction to a fine not exceeding £5 or, in the case of a second or subsequent conviction, to a fine not exceeding £10.

• (2) In relation to an offence under subsection (1)(a) above of leaving a vehicle for longer after the excess charge has been incurred than the time authorised by an order relating to the parking place, or failing duly to pay any charge payable under section 35 of this Act, the reference in that paragraph to the driver of a vehicle shall be construed as a reference to the person driving the vehicle at the time it was left in the parking place.

• (3) Where a parking meter relating to the space in which a vehicle is left in a parking place designated by a designation order indicates that the period for which payment made for the vehicle by an initial charge has expired, but the authority by whom the parking place is controlled is satisfied that that charge was not paid, acceptance by that authority of payment of the excess charge shall be a bar to proceedings for an offence under subsection (1)(a) above of failing duly to pay the initial charge.

• (4) A person who, with intent to defraud, interferes with a parking meter or operates or attempts to operate a parking meter by the insertion of objects other than current coins of the appropriate denomination shall be liable on summary conviction to a fine not exceeding £50 or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

• (4A) Where, in the case of any vehicle with respect to which there has been issued any authorisation by way of such a certificate, other means of identification or device as is referred to in section 1(3C) or (3D) or section 6(5) or (6) or such a permit or token as is referred to in section 36(2)(i) of this Act, the authority by whom any parking place designated by a designation order is controlled is satisfied that, in accordance with the terms on which the authorisation was issued, a charge has become payable and has not been paid in respect of any period for which that vehicle has been left in that parking place, acceptance by that authority of payment of the amount of that charge shall be a bar to proceedings for an offence under subsection (1)(a) above of failing duly to pay the charge.

• (5) Where, in any proceedings in England and Wales for an offence under this section of failing to pay any charge, it is proved that the amount which has become due, or any part of that amount, has not been duly paid, the court shall order the payment of the sum not paid, and any sum ordered to be paid by virtue of this subsection shall be recoverable as a penalty.

• (6) In any proceedings for an offence under this section it shall be assumed, unless the contrary is shown, that any apparatus provided for the purposes of a parking place, being an apparatus operated by the insertion of coins, is of a type and design approved by the appropriate Minister.

• (7) Where in any proceedings for an offence under this section of failing to pay an excess charge it is not proved that the excess charge had become due, but is proved that an initial charge has not been paid, the defendant may be convicted of an offence under this section of failing to pay an initial charge.

• (8) In England or Wales a local authority or the Greater London Council may institute proceedings for an offence under this section in connection with a parking place controlled by them.

• (10) In this section " excess charge ", " initial charge " and " parking meter " have the same meanings as in section 36 of this Act.

Contravention, etc., of provisions of certain designation orders.

43

• (1) Section 42 of this Act shall not apply to contraventions of, or failures to comply with, any provisions of a designation order having effect by virtue of section 39(1) of this Act.

• (2) A person who uses a vehicle, or causes or permits a vehicle to be used, in contravention of any provision of a designation order having effect by virtue of the said section 39(1)(a) shall be liable on summary conviction, in the case of an offence committed in respect of a motor vehicle by a failure to comply with a requirement to proceed or not to proceed in a specified direction or along a specified part of the carriageway, to a fine not exceeding £50 and, in any other case, to a fine not exceeding £20.

• (3) In the event of a contravention of, or non-compliance with, a provision of a designation order having effect by virtue of the said section 39(1)(b), the person responsible (as determined in accordance with the order) shall be liable on summary conviction to a fine not exceeding £5 or, in the case of a second or subsequent conviction, to a fine not exceeding £10.

• (4) In England or Wales the council of a county borough or county district may institute proceedings for an offence under subsection (3) above in connection with a parking place in their area.

Financial provisions relating to exercise of powers under s. 35.

44

• (1) A local authority shall keep an account of their income and expenditure in respect of parking places designated by designation orders for which they are the local authority.

• (2) At the end of each financial year any deficit in the account shall be made good out of the general rate fund and any surplus shall be applied for all or any of the purposes specified in subsection (3) below, and in so far as not so applied shall be appropriated to the carrying out of some specific project falling within those purposes and carried forward until applied to the carrying out thereof:

Provided that if the local authority so determine any amount not applied in any financial year may instead of being or remaining appropriated as aforesaid be carried forward in the account kept under subsection (1) above to the next financial year, but shall not be carried forward from one quadrennial period to another without the consent of the appropriate Minister.

• (3) The said purposes are the following, that is to say:—

• (a) the making good to the general rate fund of any amounts charged to that fund under subsection (2) above in the four years immediately preceding the financial year in question;

• (b) meeting all or any part of the cost of the provision and maintenance by the local authority of parking accommodation for vehicles otherwise than on highways and whether in the open or under cover;

• (c) the making to other local authorities, to any county council, to the Greater London Council or, with the consent of the appropriate Minister, to other persons, of contributions towards the cost of the provision and maintenance by them in the area of the local authority or elsewhere of parking accommodation for vehicles otherwise than on highways and whether in the open or under cover;

• (d) if it appears to the local authority that the provision in their area of further parking accommodation for vehicles otherwise than on highways is for the time being unnecessary or undesirable, the following purposes, namely—

• (i) meeting costs incurred, whether by the local authority or by some other person, in the provision or operation of, or of facilities for, public passenger transport services;

• (ii) purposes of a project connected with the carrying out by the appropriate highway authority (whether or not the local authority) of any operation which within the meaning of the Highways Act 1959 constitutes the improvement of a highway in the local authority's area or, in the case of an authority in Scotland, of any work or operation on any highway in the local authority's area which is authorised by any of the enactments specified in subsection (3A) below.

• (3A) The enactments referred to in subsection (3)(d)(ii) above are—

• (a) sections LXXXIV, LXXXV, XCIV and C of Schedule C to the Roads and Bridges (Scotland) Act 1878;

• (b) section 130 of the Burgh Police (Scotland) Act 1892;

• (c) section 8(5) of the Development and Road Improvement Funds Act 1909 ;

• (d) section 58 of the Road Traffic Act 1930 ;

• (e) section 4 of the Restriction of Ribbon Development Act 1935;

• (f) section 3(2) of the Trunk Roads Act 1946 ;

• (g) the Highways (Provision of Cattle Grids) Act 1950 ;

• (h) section 45 of the Road Traffic Act 1956.

• (4) In this section " quadrennial period " means, in relation to a local authority, a period beginning with the date when the local authority first kept the account required by subsection (1) above and ending with the fourth complete financial year after that date, or a period of four years beginning immediately after the expiration of a quadrennial period.

• (5) In relation to parking places designated, by virtue of section 35(5) of this Act, by an order of the Greater London Council, references in this section to the local authority shall be construed as references to that Council.

Grants towards cost of off-street parking places

Grants towards cost of provision and maintenance of off-street parking places.

45

• (1) Where by virtue of section 84A(2) of this Act a parking place has been designated under section 35 of this Act by a Minister, that Minister may make grants out of moneys provided by Parliament towards the cost of the provision and maintenance of off-street parking places, whether in the open or under cover, or for any purpose such as is mentioned in section 44(3)(d)(i) or (ii) of this Act, but in exercising his powers under this section shall use his best endeavours to secure that the aggregate of the amounts paid by him by way of grants does not exceed the difference between the aggregate of the sums received by him by way of charges made by him for vehicles left in parking places designated by him under the said section 35, and the aggregate of the expenses incurred by him in the provision, operation and maintenance of the parking places in respect of which those charges are made.

Parish parking places for bicycles and motor cycles

Power of parish councils to provide parking places for bicycles and motor cycles.

46

• (1) Where for the purpose of relieving or preventing congestion of traffic or preserving local amenities it appears to a parish council in England or Wales to be necessary to provide within the parish suitable parking places for bicycles and motor cycles, the parish council may provide and maintain such parking places in accordance with the provisions of this section, and for that purpose (or for the purpose of providing means of entrance to and egress from any parking place provided under this section) may—

• (a) utilize and adapt any land purchased by the council for the purpose or appropriated for the purpose under subsection (2) below, or

• (b) subject to the provisions of section 47 of this Act, adapt and by order authorise the use of any part of a road within the parish;

and the power under this subsection to provide and maintain parking places shall include power to provide and maintain structures for use as parking places.

• (2) Notwithstanding anything in any other enactment, a parish council may, with the consent of the Minister of Housing and Local Government, appropriate for the purpose of providing a parking place under this section—

• (a) any part of a recreation ground provided or maintained by the council under section 8 of the Local Government Act 1894;

• (b) any part of an open space controlled or maintained by the council under the Open Spaces Act 1906, other than a part which has been consecrated as a burial ground or in which burials have taken place;

• (c) any part of any land provided by the council as a playing field or for any other purpose under section 4 of the Physical Training and Recreation Act 1937:

Provided that any part so appropriated shall not exceed one-eighth of the total area of the recreation ground, open space or land concerned, or eight hundred square feet, whichever is the less.

• (3) No order under subsection (1) above shall authorise the use of any part of a road as a parking place under this section so as unreasonably to prevent access to any premises adjoining the road, or the use of the road by any person entitled to use it, or so as to be a nuisance.

• (4) A parish council may employ with or without remuneration such persons as may be necessary for the superintendence of parking places provided by the council under this section.

• (5) A parish council may make byelaws (subject to confirmation by the Minister) as to the use of parking places provided under this section, and in particular as to the conditions upon which any such, parking place may be used and as to the charges to be paid to the council in connection with the use of any parking place not being part of a road; and a copy of any byelaws made under this subsection shall be exhibited on or near every parking place to which they relate.

• (6) A parish council may let for use as a parking place any parking place provided by them (not being part of a road) under this section; but, without prejudice to any power of a parish council under any other enactment to let a playing field or other land of which a parking place forms part, no single letting under this subsection shall be for a longer period than seven days.

• (7) The exercise by a parish council of their powers under this section with respect to the use as a parking place of any part of a road shall not render them subject to any liability in respect of loss of or damage to any vehicle or the fittings or contents of any vehicle parked in such a parking place.

• (8) An order made under this section may be varied or revoked by a subsequent order made in like manner.

• (9) In the application of this section to Wales and Monmouthshire subsection (2) shall have effect as if for the reference to the Minister of Housing and Local Government there were substituted a reference to the Secretary of State.

Provisions as to consents for purposes of s. 46.

47

• (1) A parish council shall not have power by virtue of section 46 of this Act to provide a parking place—

• (a) in a position obstructing or interfering with any existing access to any land or premises not forming part of a road, except with the consent of the owner and the occupier of the land or premises ; or

• (b) in a road which is not a highway or in a public path, except with the consent of the owner and the occupier of the land over which the road or path runs; or

• (c) in any such situation or position as is described in the first column of the following Table, except with the consent of the persons described in relation thereto in the second column of that Table.

In a trunk road or any other road maintained by the Minister or the Secretary of State for Wales or on land abutting on any such road.	The Minister or the Secretary of State, as the case may be.
In a road which is a highway (other than a trunk road or a road maintained as aforesaid or a public path) or on land abutting on any such road.	The county council.
In a road which is a highway belonging to and repairable by any railway, dock, harbour, canal, inland navigation or passenger road transport undertakers and forming the approach to any station, dock, wharf or depot of those undertakers.	The undertakers concerned.
On a bridge carrying a highway over a railway, dock, harbour, canal or inland navigation, or on the approaches to any such bridge or under a bridge carrying a railway, canal or inland navigation over a highway.	The railway, dock, harbour, canal or inland navigation undertakers concerned.

• (2) Any consent required by subsection (1)(c) above shall not be unreasonably withheld, but may be given subject to any reasonable conditions, including a condition that the parish council shall remove any thing to the provision of which the consent relates either at any time or at or after the expiration of a period if reasonably required so to do by the person giving the consent.

• (3) A dispute between a parish council and a person whose consent is required under subsection (1)(c) above whether that consent is unreasonably withheld or is given subject to reasonable conditions, or whether the removal of any thing to the provision of which the consent relates in accordance with any condition of the consent is reasonably required, shall—

• (a) in the case of a dispute between the parish council and the Minister or the Secretary of State, be referred to and determined by an arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers ; and

• (b) in any other case, be referred to and determined by the Minister, who may cause a public inquiry to be held for the purpose.

• (4) Section 6 of the Local Government (Miscellaneous Provisions) Act 1953 (which makes provision as to access to telegraphic lines, sewers, pipe-subways, pipes, wires and other apparatus) shall apply in relation to a parking place (including a structure for use as a parking place) provided by a parish council under section 46 of this Act, and to the council by which the parking place is so provided, as it applies in relation to a shelter or other accommodation provided, and to the local authority by which it is provided, under section 4 of that Act

• (5) In this section and in the said section 6 as they apply in relation to a parking place provided under the said section 46 which forms part of a road, references to removal shall be construed as including references to the suspension or revocation of the order authorising the use of that part of the road as a parking place.

Provisions ancillary to exercise of powers under s. 46.

48

• (1) A parish council may contribute towards—

• (a) the reasonable expenses incurred by any person in doing anything which by virtue of section 46 of this Act that council has power to do ; and

• (b) the expenses incurred by any other parish council in exercising their powers under that section.

• (2) Where, before 17th July 1957, a parish council have provided anything which could be provided by them under the said section 46 or where, before 1st September 1960 (whether before or after 17th July 1957) or on or after 1st September 1960, any other person has provided any such thing, the parish council shall have the like power to maintain that thing as if it had been provided by them under the said section 46.

• (3) Without prejudice to any other power of combination, a parish council may by agreement combine with any other parish council for the purpose of exercising the powers conferred by the said section 46.

Application of ss. 46 to 48 to boroughs included in rural districts.

49

Sections 46,47 and 48 of this Act shall apply to the council of a borough included in a rural district as they apply to a parish council, and in their application to the council of a borough so included references therein to the parish shall be construed as references to the borough.

Interpretation of ss. 46 to 49.

50

In sections 46 to 49 of this Act, except so far as the context otherwise requires,—

• " in " in a context referring to things in a road includes a reference to things under, over, across, along or upon the road;

• " owner " has the meaning assigned to it by section 343 of the Public Health Act 1936 ;

• " parish " in relation to a common parish council acting for two or more grouped parishes means those parishes;

• " public path " has the meaning assigned to it by section 27 of the National Parks and Access to the Countryside Act 1949;

• " road " means a highway (including a public path) and any other road, lane, footway, square, court, alley or passage (whether a thoroughfare or not) to which the public has access, but does not include a road provided or to be provided in pursuance of a scheme made or having effect as if made under section 11 of the Highways Act 1959.

Parking of vehicles in Royal Parks

Power to provide for charges for parking in Royal Parks.

51

Regulations under section 2 of the Parks Regulation (Amendment) Act 1926 may make provision for imposing and recovering charges for the leaving of vehicles, or vehicles of any class, in any park to which that Act applies; and regulations made by virtue of this section may make, as respects charges and penalties recoverable under the regulations, provision corresponding with the provisions of section 42(5) of this Act.

Provisions as to vehicles removed from parking places, etc.

Charges for removing and storing vehicles.

52

• (1) Where a vehicle is removed from a road in pursuance of regulations under section 20 of this Act, or is removed from a parking place in pursuance of an order under section 31(1) thereof or of an order relating to a parking place designated under section 35 thereof, or of a provision of a designation order having effect by virtue of section 39(2) thereof, there shall be payable to the appropriate authority by the prescribed person—

• (a) in respect of the removal, the fixed charge, and

• (b) in respect of any period during which the vehicle is in the custody of that authority, a charge ascertained by reference to the prescribed scale.

• (2) The fixed charge in respect of the removal of a vehicle shall be £2 or such other sum (whether greater or smaller) as may be prescribed.

• (3) In England or Wales, a charge under this section not exceeding £20 may be recovered either as a simple contract debt in any court of competent jurisdiction or summarily as a civil debt and a charge under this section exceeding £20 may be recovered in the former manner.

• (4) In this section " appropriate authority "—

• (a) in relation to a vehicle removed by a constable, means the chief officer of the police force to which the constable belongs;

• (b) in relation to a vehicle removed by a person acting in aid of a police force, means the chief officer of that force;

• (c) in relation to a vehicle removed by a person other than as aforesaid from a parking place provided or controlled by a local authority, means that authority;

• (d) in relation to a vehicle removed by a person other than as aforesaid from a parking place in Greater London designated under section 6 of this Act, means the local authority (being the Common Council of the City of London or the council of the London borough) within whose area the parking place is situate ;

• (e) in relation to a vehicle removed by a person other than as aforesaid from a road otherwise than from a parking place, means the local authority (being the council of the county borough or county district, the Common Council of the City of London or the council of the London borough or in Scotland the county council or town council) within whose area is situate the length of road from which the vehicle is removed;

and " prescribed " means prescribed by order made by the appropriate Minister; and for the purposes of paragraph (c) above a parking place provided under a letting or arrangements made by a local authority in pursuance of section 29(6) of this Act shall be treated as provided by them.

• (5) In relation to parking places designated, by virtue of section 35(5) of this Act, by an order of the Greater London Council, references in this section to the local authority shall be construed as references to that Council.

• (6) Any sum recovered under this section by the chief officer of a police force shall be paid into the police fund.

• (7) An order made under this section by the appropriate Minister may be revoked or varied by a subsequent order made by him.

• (8) The powers conferred by this section on the appropriate Minister to make orders shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (10) The foregoing provisions of this section shall have effect subject to the provisions of any order for the time being in force under section 25 of the Civic Amenities Act 1967.

Disposal of vehicles abandoned on roads or in parking places.

53

• (1) Regulations under section 20 of this Act, an order under section 31(1) thereof, an order relating to a parking place designated under section 35 thereof or an order containing a provision having effect by virtue of section 39(2) thereof may contain provision as respects a vehicle which has been, or could at any time be, removed in pursuance of the regulations or order,—

• (a) for authorising the competent authority, if it appears to them that the vehicle has been abandoned, to sell or otherwise dispose of it;

• (b) for authorising the application of the proceeds of a sale by the competent authority of the vehicle in or towards satisfaction of any costs incurred by them in connection with the disposal thereof or any charge to payment of which they are entitled as regards the vehicle under section 52 of this Act;

• (c) for recouping the competent authority any such costs as aforesaid so far as not satisfied by virtue of paragraph (b) above;

• (d) for regulating the disposal of any sums received by the competent authority on a sale of the vehicle, after deducting any sum applied thereout by virtue of paragraph (b) above.

• (2) Any such regulations or order as are or is referred to in subsection (1) above shall be so framed as to secure that a power of disposal conferred thereby shall not be exercisable in the case of a vehicle unless there have been taken by the competent authority such steps and there has elapsed such period (not being less than six weeks) beginning with the taking of the first of them as may be prescribed by the regulations or order, being steps and a period whose respective taking and lapse will, in the opinion of the Minister of the Crown or other the authority making the regulations or order, together suffice for securing adequate opportunity for enabling the vehicle to be claimed.

• (3) Different provision may be made under this section with respect to vehicles of different classes or with respect to vehicles of the same class in different circumstances.

• (4) In this section " competent authority ", in relation to a vehicle that has been removed, means the authority who, in relation to it, are (within the meaning of section 52 of this Act) the appropriate authority and, in relation to a vehicle that could at any time be removed, either of the two authorities who, if it were then removed, could in relation to it respectively be (within the meaning of that section) the appropriate authority.

• (5) The foregoing provisions of this section shall have effect subject to the provisions of any order for the time being in force under section 25 of the Civic Amenities Act 1967.

Traffic signs

Traffic signs.

54

• (1) In this Act " traffic sign " means any object or device (whether fixed or portable) for conveying, to traffic on roads or any specified class of traffic, warnings, information, requirements, restrictions or prohibitions of any description specified by regulations made by the Minister and the Secretary of State acting jointly or authorised by the appropriate Minister, and any fine or mark on a road for so conveying such warnings, information, requirements, restrictions or prohibitions.

• (2) Traffic signs shall be of the size, colour and type prescribed by regulations made as aforesaid except where the appropriate Minister authorises the erection or retention of a sign of another character; and for the purpose of this subsection illumination, whether by lighting or by the use of reflectors or reflecting material, or the absence of such illumination, shall be part of the type or character of a sign.

• (3) 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.

• (4) Except as provided by this Act, no traffic sign shall be placed on or near a road except—

• (a) a notice in respect of the use of a bridge;

• (b) a traffic sign placed, in pursuance of powers conferred by a special Act of Parliament or order having the force of an Act, by the owners or workers of a tramway, light railway, or trolley vehicle undertaking, a dock undertaking or a harbour undertaking;

• (c) a traffic sign placed on any land by a person authorised under the following provisions of this Act to place the sign on a highway, being a sign placed on that land for a purpose for which that person is authorised to place it on a highway.

• (5) Regulations under this section, or any authorisation under subsection (2) above, may provide that section 14 of the Road Traffic Act 1960 (drivers to comply with traffic directions) shall apply to signs of a type specified in that behalf by the regulations, or as the case may be to the sign to which the authorisation relates.

• (6) References in any enactment (including any enactment contained in this Act) to the erection or placing of traffic signs shall include references to the display thereof in any manner, whether or not involving fixing or placing.

Powers and duties of highway authorities as to placing of traffic signs.

55

• (1) Subject to and in conformity with such general directions as may be given by the Minister and the Secretary of State acting jointly, or such other directions as may be given by the appropriate Minister, a highway authority may cause or permit traffic signs to be placed on or near any road in their area.

• (2) The appropriate Minister may give directions to a highway authority—

• (a) for the placing of a traffic sign of any prescribed type or authorised character specified in the directions ;

• (b) for replacing a sign so specified by, or converting it into, a sign of another prescribed type or authorised character so specified.

• (3) The power to give general directions under subsection (1) above shall be exercisable by statutory instrument.

Powers and duties of Greater London Council in respect of traffic signs.

56

• (1) The Greater London Council (hereafter in this section referred to as " the Council ") may, to such extent as the Council may consider necessary, in connection with any order under section 6 or 9 of this Act made or proposed to be made by the Council, exercise, as respects any road in Greater London which is not a trunk road, any powers exercisable by the highway authority for that road in connection with the placing of traffic signs on or near that road in pursuance of section 55 of this Act, and affix any such sign to any lamppost or other structure in the highway, whether or not belonging to the Council.

• (2) The Council may give to the highway authority for any road in Greater London which is not a trunk road such directions with respect to the adjustment, modification or replacement of, or of any part of, the mechanism of traffic signs, being light signals controlled by that authority, as the Council may consider expedient in the interests of the movement of traffic.

• (3) As respects any traffic sign lawfully in place in Greater London which is required in connection with an order under section 6 or 9 of this Act, it shall be the duty of the Council—

• (a) to take such steps to maintain, and to make such alteration of, that sign as may be necessary or expedient in connection with any such order in connection with which it is required ;

• (b) to remove that sign if it ceases to be required in connection with any such order.

Power of certain traffic authorities in respect of traffic signs.

56A

• (1) This section applies to any authority having power to make an order under or by virtue of any of the following provisions of this Act, namely, sections 1(1) to (7), 5, 12, 15, 26, 26A, 28, 31, 33, 35, 36, 37(2) and (3), 73(3) and 74, or an order as respects a road outside Greater London under section 9 of this Act.

• (2) Without prejudice to any powers conferred by or under any other provision of this Act, but subject to subsection (3) below, an authority to whom this section applies may place and maintain, or cause to be placed and maintained, such traffic signs of any type prescribed or character authorised under section 54 of this Act as the authority may consider necessary in connection with any such order as aforesaid made by the authority as respects any road; but if the order is made by an authority other than the highway authority for that road, the authority by whom the order was made—

• (a) shall consult with the highway authority as to the placing of the signs ; and

• (b) unless the highway authority are unwilling so to do, shall enter into arrangements with the highway authority for the signs to be placed and maintained by the highway authority.

• (3) The powers conferred by subsection (2) above on an authority to whom this section applies shall be exercisable subject to and in conformity with any general directions given under section 55(1) of this Act whether or not that authority is a highway authority; and any other power conferred by the said section 55 to give directions to a highway authority shall include power to give the like directions to any authority to whom this section applies.

• (4) In relation to an order under section 15 or 33 of this Act, the appropriate Minister for the purposes of any directions under the said section 55 by virtue of subsection (3) above shall, notwithstanding anything in section 104(1) or section 108 of this Act, in all cases be the Minister of Transport.

Traffic signs for giving effect to local traffic regulations.

57

A constable, or a person acting under the instructions (whether general or specific) of the chief officer of police, may place on a highway, or on any structure on a highway, traffic signs of any size, colour and type prescribed or authorised under section 54 of this Act, being signs indicating prohibitions, restrictions or requirements relating to vehicular traffic, as may be requisite for giving effect to regulations, orders or directions made or given under section 52 of the Metropolitan Police Act 1839, under section 22 of the local Act of the second and third year of the reign of Queen Victoria, chapter 94, under section 21 of the Town Police Clauses Act 1847, or under section 385 of the Burgh Police (Scotland) Act 1892, or any corresponding provision contained in a local Act relating to any part of Scotland, or for giving effect to directions given under section 12(3) of the Road Traffic Act 1960.

Emergency traffic signs.

58

• (1) A constable, or a person acting under the instructions (whether general or specific) of the chief officer of police, may place on a highway, or on any structure on a highway, traffic signs of any size, colour and type prescribed or authorised under section 54 of this Act, being signs indicating prohibitions, restrictions or requirements relating to vehicular traffic, as may be necessary or expedient to prevent or mitigate congestion or obstruction of traffic, or danger to or from traffic, in consequence of extraordinary circumstances ; and the power to place signs conferred by this subsection shall include power to maintain a sign for a period of seven days or less from the time when it was placed, but no longer.

• (2) Section 14 of the Road Traffic Act 1960 (drivers to comply with traffic directions) shall apply to signs placed in the exercise of the powers conferred by this section.

Warning devices for indicating temporary obstructions.

59

Regulations under section 54 of this Act prescribing any type of object or device for warning traffic of a temporary obstruction may include provisions for authorising, subject to such conditions as may be specified in the regulations, persons not otherwise authorised to do so to place an object or device of that type on or near roads or on or near any description of road so specified, in such circumstances and for such periods as may be so specified.

Traffic signs in connection with experimental traffic schemes in London.

60

For the purpose of giving notice of any prohibition, restriction or requirement imposed by regulations under section 11 of this Act a constable, or a person acting under the instructions (whether general or specific) of the commissioner of police of the metropolis or the commissioner of police for the City of London, may place on a highway, or on any structure on a highway, traffic signs of any size, colour and type prescribed or authorised under section 54 of this Act.

Removal of traffic signs, etc.

61

• (1) The highway authority may by notice in writing require the owner or occupier of any land on which there is an object or device (whether fixed or portable) for the guidance or direction of persons using roads to remove it, and if a person fails to comply with such a notice the highway authority may themselves effect the removal, doing as little damage as may be; and the expense incurred by them in so doing shall be recoverable by them from the person so in default and, in England or Wales, shall be so recoverable summarily as a civil debt.

• (2) The appropriate Minister may give directions to a highway authority requiring the authority to remove, or cause to be removed, any traffic sign or any such object or device as is mentioned in subsection (1) above.

• (3) After the repeal by virtue of the Road Traffic Act 1960 of section 6 of the Locomotive Act 1861, a bridge authority shall, if so directed by the appropriate Minister, remove, or cause to be removed, any notice in respect of the use of a bridge placed under that section.

Traffic signs: default powers.

62

• (1) If a highway authority, bridge authority or authority to whom section 56A of this Act applies fail to comply with any direction given under section 55(2) or 61 of this Act, the appropriate Minister may himself carry out the work required by the direction; and the expense incurred by him in so doing shall be recoverable by him from the authority and, in England or Wales, shall be so recoverable summarily as a civil debt.

• (2) Any such direction as aforesaid—

• (a) if relating to a road or bridge in England or Wales, shall be enforceable on the application of the appropriate Minister by mandamus;

• (b) if relating to a road or bridge in Scotland, shall be enforceable by order of the Court of Session on the application by the Lord Advocate under section 91 of the Court of Session Act 1868.

• (3) If a highway authority fail to comply with any direction under section 56(2) of this Act the Greater London Council may carry out the work required by the direction, and the expense incurred by that Council in so doing shall be recoverable summarily as a civil debt from the authority.

Power to enter on land.

63

A highway authority, bridge authority or authority to whom section 56A of this Act applies or the appropriate Minister may enter any land and exercise such other powers as may be necessary for the purpose of the exercise and performance of their powers and duties of placing, replacing, converting and removing traffic signs or their powers and duties under section 61 of this Act.

Traffic signs: modifications as respects trunk roads.

64

In relation to a trunk road—

• (a) section 55(1) of this Act shall have effect with the omission of references to directions, and

• (b) the provisions of this Act relating to directions for the placing, replacing, conversion and removal of traffic signs, notices, objects or devices shall not apply except in relation to a bridge repairable by a person other than the Minister or a Secretary of State.

Traffic signs: modifications as respects roads where parking permitted without lights.

65

• (1) In relation to a road with respect to which an exemption under section 10(1)(c) of the Road Transport Lighting Act 1957 has effect (whether absolutely or subject to conditions), the power conferred by section 55(1) of this Act of placing traffic signs indicating the existence of the exemption shall, if the local authority for the area in which the road is situated are not the highway authority for the road, be exercisable by the local authority with the consent of the highway authority; and the power conferred by section 55(2) of this Act and by section 61 thereof of giving to the highway authority directions for the replacing of a traffic sign by, or its conversion into, a sign of another type or character or for the removal of a traffic sign or other object or device shall include power to give such directions to the local authority in relation to a traffic sign, object or device placed by them on or near any such road.

• (2) In this section " local authority " means, as respects England and Wales, the council of a county borough, county district or London borough or the Common Council of the City of London, and, as respects Scotland, a county council or town council.

Traffic signs: modifications as respects cattle-grids.

66

• (1) As respects traffic signs relating to a cattle-grid provided in England or Wales under the Highways (Provision of Cattle-Grids) Act 1950 or the Highways Act 1959 for a highway not being for the purposes of the said Act of 1959 a highway maintainable at the public expense, or to a by-pass so provided for use in connection with such a cattle-grid, " highway authority " in sections 55, 61, 62(1) and 63 of this Act shall include the council of the county comprising the rural district, the council of the borough, or the council of the urban district, as the case may be, in which the highway is situated.

• (2) As respects traffic signs relating to a cattle-grid provided in Scotland under the Highways (Provisions of Cattle-Grids) Act 1950 for a road for the maintenance or management of which no highway authority is responsible, or to a by-pass provided for use in connection with such a cattle-grid, " highway authority " in the said sections 55, 61, 62(1) and 63 shall include the appropriate authority as defined by section 1(8)(b) of that Act.

Construction of references to highway authorities for purposes of ss. 55 to 56A and 61 to 63.

67

References to a highway authority in sections 55, 56, 56A, 61, 62 and 63 of this Act shall be construed as including references to any person who, not being a highway authority, is responsible for the maintenance of a road.

Ministers' powers to make advances for erection, etc., of traffic signs.

68

• (1) The appropriate Minister may, out of moneys provided by Parliament, make advances towards any expenses incurred by a council or local authority, on whom any obligation is imposed by or under this Act in relation to the erection, maintenance, alteration or removal of traffic signs, in the discharge of that obligation.

• (2) An advance under this section may be either by way of grant or by way of loan or partly in the one way and partly in the other, and shall be upon such terms and subject to such conditions as the appropriate Minister thinks fit.

• (3) The power of the Minister under this section to make advances towards expenses incurred in relation to traffic signs shall be exercisable with respect to any expenses incurred by the Greater London Council in relation to the erection, maintenance, alteration or removal of such signs.

• (4) The power of the appropriate Minister under this section to make advances towards expenses incurred in relation to traffic signs shall be exercisable with respect to any expenses incurred under section 56A of this Act by an authority to whom that section applies or by a highway authority.

Bollards and other obstructions

Bollards and other obstructions on roads outside Greater London.

69

• (1) Where the passage, or the passage in any direction, of vehicles or of vehicles of any class is prohibited at any point of a road outside Greater London by an order under section 1 or 9 of this Act, the authority who made the order may, in accordance with the following provisions of this section, place or authorise or require the placing at or near that point of such bollards or other obstructions as they consider appropriate for preventing that passage.

• (1A) The bollards or other obstructions which may be placed under subsection (1) above—

• (a) shall include obstructions of any description whatsoever ;

• (b) may be either fixed or moveable ; and

• (c) may be placed so as to prevent the passage of vehicles either at all times or at certain times only;

and where the powers conferred by that subsection have been exercised with respect to two or more points of a road so that the passage of vehicles along a stretch of that road is prevented, those powers shall extend to placing, or authorising the placing, of further obstructions on that stretch of road ; but any obstructions placed under those powers shall not be so placed as to prevent at any time the passage of foot passengers past the point or along the stretch of road in question and shall not be of such a nature that the reopening of the road in question to vehicles would be unreasonably difficult or as to alter the nature of the surface of the road.

• (2) Where the order has been made as respects a trunk road, the appropriate Minister may place the bollards or other obstructions on the trunk road or authorise or require the highway authority for any road leading into or crossing the trunk road at the said point to place them on that other road.

• (3) Where the order has been made as respects any other road the authority who made the order may place the bollards or other obstructions on that road, but, where that authority is neither the appropriate Minister nor the highway authority for that road, only with the consent of that highway authority.

• (4) The appropriate Minister may authorise or require any authority who have placed bollards or other obstructions on a road in pursuance of this section to remove them.

• (5) If an authority fail to comply with any requirement imposed under this section, the appropriate Minister may himself carry out the work required by the requirement, and the expense incurred by him in so doing shall be recoverable by him from the authority and, in England or Wales, shall be so recoverable summarily as a civil debt.

• (6) Any requirement imposed under this section—

• (a) if relating to a road in England or Wales, shall be enforceable on the application of the appropriate Minister by mandamus;

• (b) if relating to a road in Scotland, shall be enforceable by order of the Court of Session on an application by the Lord Advocate under section 91 of the Court of Session Act 1868.

• (7) Any power conferred by this section to place any obstruction or authorise or require any authority to place any obstruction includes power to maintain or light, or, as the case may be, authorise or require the authority to maintain or light, the obstruction.

• (8) Any enactment authorising the making of grants or loans in connection with traffic signs shall extend to any such obstructions as are mentioned in the foregoing provisions of this section.

Bollards and other obstructions on roads in Greater London.

70

• (1) The Minister or the Greater London Council (hereafter in this section referred to as " the Council ") may, to such extent as the Minister or Council may consider necessary in connection with any order under section 6 or 9 of this Act made or proposed to be made by the Minister or, as the case may be, the Council—

• (a) authorise or require the highway authority for any road in Greater London which is not a trunk road to place in the carriageway such bollards or other obstructions as the Minister or Council may consider appropriate for preventing the passage of vehicles, or vehicles of any class, at any point at which their passage (whether in any direction or in one direction only) is prohibited by any such order as aforesaid and to maintain and light those obstructions ;

• (b) authorise or require any highway authority to remove any obstruction placed by that authority in pursuance of an authorisation or requirement under paragraph (a) above.

• (1A) Subsection (1A) of section 69 of this Act shall apply in relation to the placing of bollards or other obstructions under subsection (1) above as if for any reference in the said subsection (1A) to subsection (1) of that section there were substituted a reference to subsection (1) above.

• (2) To such extent as the Minister or, as the case may be, the Council may consider necessary in connection with any order such as is mentioned in subsection (1) above, whether made or proposed to be made by the Minister or by the Council, the Minister may do with respect to any trunk road, or as the case may be the Council may do with respect to any metropolitan road, any thing which the authority making or proposing to make the order might under subsection (1)(a) above require to be done with respect to any other road by the highway authority therefor.

• (3) If a highway authority fail to comply with any requirement under subsection (1) above, the Minister or, as the case may be, the Council may carry out the work required by the requirement, and the expense incurred by the Minister or Council in so doing shall be recoverable summarily as a civil debt from the authority.

• (4) References in this section to a highway authority include references to any person who, not being a highway authority, is responsible for the maintenance of a road.

• (5) Section 68 of this Act shall apply in relation to any such obstruction as is mentioned in subsection (1) above as it applies in relation to traffic signs ; and the power of the Minister under that section to make advances towards expenses incurred in relation to traffic signs shall be exercisable with respect to any expenses incurred by the Council by virtue of subsection (2) above.

Speed limits

General speed limit for restricted roads.

71

• (1) It shall not be lawful for a person to drive a motor vehicle on a restricted road at a speed exceeding thirty miles per hour.

• (2) The Minister and the Secretary of State, acting jointly, may by order made by statutory instrument and approved by a resolution of each House of Parliament increase or reduce the rate of speed fixed by subsection (1) above, either as originally enacted or as varied under this subsection.

What roads restricted.

72

• (1) Subject to the provisions of this section, a road is a restricted road for the purpose of section 71 of this Act if there is provided thereon a system of street lighting furnished by means of lamps placed not more than two hundred yards apart.

• (2) A trunk road or classified road is not a restricted road for the purposes of the said section 71 by reason only of the provision thereon of such a system of street lighting as aforesaid unless such a system was provided thereon before 1st July 1957.

• (3) A direction may be given that a specified road which is a restricted road for the purposes of the said section 71 shall cease to be a restricted road for those purposes or that a specified road which is not a restricted road for those purposes shall become a restricted road for those purposes.

• (4) In any proceedings for a contravention of the said section 71—

• (a) a certificate of an officer of the highway authority for any road stating whether such a system of street lighting as aforesaid was provided thereon before 1st July 1957, and

• (b) a certificate of an officer of the appropriate Minister or (in the case of a road in Wales or Monmouthshire) of the Secretary of State that a road is or is not a trunk road or a classified road,

shall be evidence of the facts certified; and a document purporting to be such a certificate and to be signed by such an officer as is mentioned in paragraph (a) or (b) above shall be deemed to be such a certificate unless the contrary is shown.

• (5) No part of a special road shall be a restricted road for the purposes of the said section 71 on or after such date as may be declared by a notice published by the highway authority, in manner prescribed for the publication of notices under section 1(7) of this Act, to be the date on which it is open for use as a special road.

• (6) In this section "classified road"—

• (a) in relation to England and Wales, means a highway which for the time being is classified by the Minister under section 27(2) of the Local Government Act 1966 as a principal road for the purposes of advances under section 235 of the Highways Act 1959 or as a classified road for the purposes of, or for purposes which include the purposes of, this section;

• (b) in relation to Scotland, means a road which for the time being is classified by the Secretary of State under section 28(2) of the Local Government (Scotland) Act 1966 as a principal road for the purposes of advances under section 8 of the Development and Road Improvement Funds Act 1909 or as a classified road for the purposes of, or for purposes which include the purposes of, this section;

and in this subsection "the Minister" means, in relation to England exclusive of Monmouthshire, the Minister and, in relation to Wales and Monmouthshire, the Secretary of State.

73

• (1) Subject to the provisions of this section and of section 82 of this Act, the authority having power to give a direction under section 72(3) of this Act—

• (a) as respects a trunk road, shall be the appropriate Minister;

• (b) as respects a road, not being a trunk road, shall be the local authority.

• (2) A direction given in a case falling within subsection (1)(a) above shall be given by means of an order made by the appropriate Minister after giving public notice of his intention to make an order.

• (3) Subject to sections 84A, 84B and 84C of this Act, a direction given in a case falling within subsection (1)(b) above shall be given by means of an order made by the local authority.

Speed limits on roads other than restricted roads.

74

• (1) Subject to sections 84A, 84B and 84C of this Act, the authority specified in subsection (2) below may, after giving public notice of their intention to make an order under this subsection as respects any road specified in the notice, make an order prohibiting, either generally or during periods specified in the order, the driving of motor vehicles on that road at a speed exceeding that specified in the order; and while such an order is in force as respects any road, that road shall not be a restricted road for the purposes of section 71 of this Act.

• (2) Subject to section 82 of this Act, the authority having power to make an order under subsection (1) above—

• (a) as respects a trunk road, shall be the appropriate Minister; and

• (b) as respects a road, not being a trunk road, shall be the local authority.

• (7) This section does not apply to any part of a special road which is open for use as a special road.

Signs for indicating speed restrictions.

75

• (1) It shall be the duty of the competent authority—

• (a) to erect and maintain the prescribed traffic signs in such positions as may be requisite in order to give effect to general or other directions given by the appropriate Minister for the purpose of securing that adequate guidance is given to drivers of motor vehicles as to whether any, and if so what, limit of speed is to be observed on any road ; and

• (b) to alter or remove traffic signs as may be requisite in order to give effect to such directions as aforesaid, either in consequence of the making of an order by the appropriate Minister or otherwise;

and if the authority make default in executing any works required for the performance of the duty imposed upon them by this subsection, the appropriate Minister may himself execute them; and the expense incurred by him in so doing shall be recoverable by him from the authority and, in England or Wales, shall be so recoverable summarily as a civil debt.

• (2) In its application to a trunk road, subsection (1) above shall have effect with the omission of the words " in order to give effect to general or other directions given by the appropriate Minister " in paragraph (a), and the words from the beginning of paragraph (b) to the end of the subsection.

• (3) Where no system of street lighting furnished by means of lamps placed not more than two hundred yards apart is provided on a road but a limit of speed is to be observed on the road, a person shall not be convicted of driving a motor vehicle on the road at a speed exceeding the limit unless the limit is indicated by means of such traffic signs as are mentioned in subsection (1) above.

• (4) In any proceedings for a contravention of section 71 of this Act, being proceedings relating to driving on a road provided with such a system of street lighting as is specified in subsection (3) above, evidence of the absence of traffic signs displayed in pursuance of this section to indicate that the road is not a restricted road for the purposes of the said section 71 shall be evidence that the road is a restricted road for those purposes.

• (5) In this section " the competent authority " means—

• (a) as respects a trunk road, the appropriate Minister;

• (b) as respects a road, not being a trunk road, the local authority.

• (6) The power to give general directions under subsection (1) above shall be exercisable by statutory instrument.

Provisions supplementary to ss. 71 to 75.

76

• (1) In sections 71 to 75 of this Act " road " means any length of road.

• (2) In sections 73 to 75 of this Act " local authority "—

• (a) in relation to a road in England or Wales means—

• (i) in the case of a road in Greater London, the Greater London Council;

• (ii) in the case of a road in a county borough or in a non-county borough having a population according to the last published census of over 20,000, the council of the borough ;

• (iii) in the case of a road in an urban district having such a population as aforesaid, the council of the district;

• (iv) in the case of a road in a non-county borough not having such a population as aforesaid, in an urban district not having such a population, or in a rural district, the council of the county in which it is situated;

• (b) in relation to a road in Scotland, means the county or town council responsible for the maintenance and management of the road.

• (3) A county council in Scotland shall, before arriving at a decision as to the exercise of any power conferred on them by sections 72, 73, 74 and 75 of this Act with regard to a classified road in a burgh, consult with the town council of the burgh.

In this subsection " classified road " has the meaning assigned to it by section 72(6)(b) of this Act except that for the reference therein to that section there shall be substituted a reference to this section.

Temporary speed limits and continuation thereof.

77

• (1) Where it appears to the appropriate Minister desirable to do so in the interests of safety or for the purpose of facilitating the movement of traffic, he may, after giving public notice of his intention to do so, by order prohibit, for a period not exceeding eighteen months, the driving of motor vehicles—

• (a) on all roads, or on all roads in any area specified in the order, or on all roads of any class so specified, or on all roads other than roads of any class so specified, or on any road so specified, at a speed greater than that so specified,

• (b) on any road specified in the order, at a speed less than that so specified, subject to such exceptions as may be so specified,

either generally, or at times, on days or during periods specified in the order; but the provisions of any such order shall not, except in so far as may be provided by the order, affect the provisions of sections 71 to 74 of this Act.

• (2) For the purposes of an order under subsection (1)(a) above roads may be classified by reference to any circumstances appearing to the appropriate Minister to be suitable for the purpose, including their character, the nature of the traffic to which they are suited or the traffic signs provided thereon.

• (3) The provisions of any order under subsection (1) above may be continued, either indefinitely or for a specified period, by an order of the appropriate Minister made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) Where by virtue of an order under this section a limit of speed is to be observed, then,—

• (a) if it is to be observed on all roads, on all roads of any class specified in the order or on all roads other than roads of any class so specified, section 75 of this Act shall not apply in relation to that limit;

• (b) if it is to be observed on all roads in any area and is indicated as respects the area as a whole by means of such traffic signs as are mentioned in the said section 75(1) at all points where roads lead into the area, the limit shall be taken for the purposes of subsection (3) of that section as so indicated with respect to all roads in the area.

• (6) The first order to be made under subsection (1)(b) above shall not be made until a draft thereof has been laid before Parliament and approved by a resolution of each House of Parliament.

• (7) If a person drives a motor vehicle on a road in contravention of an order under subsection (1)(b) above he shall be liable on summary conviction to a fine not exceeding £50; but a person shall not be liable to be convicted of driving as aforesaid solely on the evidence of one witness to the effect that in the opinion of the witness he was driving the vehicle at a speed less than that specified in the order.

• (8) Any power conferred by this section to make an order includes power to vary or revoke such an order by a subsequent order.

• (9) This section does not apply to any part of a special road which is open for use as a special road.

• (10) In this section " road " means any length of road.

Speed limits for certain classes of vehicles

Speed limits for vehicles of different classes.

78

• (1) It shall not be lawful for a person to drive a motor vehicle of any class on a road at a speed greater than the speed specified in Schedule 5 to this Act as the maximum speed in relation to a vehicle of that class.

• (2) The Minister may by regulations vary, subject to such conditions as may be specified in the regulations, the provisions of the said Schedule 5.

• (3) Regulations under this section may make different provision as respects the same class of vehicles in different circumstances.

• (4) Without prejudice to subsection (3) above, regulations under this section may make particular provision in relation to vehicles while being driven on special roads, but such provision shall not have effect in relation to any part of a special road until such date as may be declared by a notice published by the highway authority, in manner prescribed for the publication of notices under section 1(7) of this Act, to be the date on which it is open for use as a special road.

• (5) The Minister shall not have power under this section to vary the speed limit imposed by section 71 of this Act.

• (6) The Minister shall not have power under this section to impose a speed limit, as respects driving on roads not being restricted roads for the purposes of the said section 71, on a vehicle which is constructed solely for the carriage of passengers and their effects, is not adapted to carry more than seven passengers exclusive of the driver, is not a heavy motor car, is not an invalid carriage, is not drawing a trailer, and is fitted with pneumatic tyres on all its wheels.

Speed limits—exemptions

Exemption of fire engines, etc. from speed limits.

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No statutory provision imposing a speed limit on motor vehicles shall apply to any vehicle on an occasion when it is being used for fire brigade, ambulance or police purposes, if the observance of those provisions would be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion.

Enforcement and administration of traffic laws

Punishment without prosecution of offences in connection with lights, reflectors, obstruction, etc.

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• (1) This section shall apply to any offence created by or under an enactment and punishable on summary conviction, being an offence committed in respect of a vehicle—

• (a) by its being on a road during the hours of darkness (as defined by the Road Transport Lighting Act 1957) without the lights or reflectors required by law or

• (b) by its obstructing a road, or waiting, or being left or parked, or being loaded or unloaded, in a road; or

• (c) by the non-payment of the charge made at a street parking place; or

• (d) by its being used in contravention of any provision of an order made or having effect as if made under section 1, 6 or 9, or of regulations made or having effect as if made under section 11, of this Act, being a provision—

• (i) as to the route to be followed by vehicles of the class to which that vehicle belongs ; or

• (ii) as to roads which are not to be used for traffic by such vehicles ; or

• (iii) as to the places where such vehicles may not turn so as to face in the opposite direction to that in which they were proceeding or as to the conditions under which such vehicles may so turn ; or

• (e) by any such use of the vehicle in contravention of section 64(2) of the Road Traffic Act 1960 (which relates to the contravention of construction and use regulations) as the Secretary of State may by order specify, not being a use which constitutes an offence specified in Part II of Schedule 1 to the Road Traffic Act 1962 (which relates to offences involving disqualification); or

• (f) by its being used or kept on a public road within the meaning of the Vehicles (Excise) Act 1962 without a licence under that Act being exhibited on the vehicle in the manner prescribed under that Act:

Provided that this section shall extend only to such areas as the Secretary of State may by order specify, and he may by order exclude the application of this section to any offence.

• (2) Where a constable finds a person on any occasion and has reason to believe that on that occasion he is committing or has committed an offence to which this section applies, he may give him the prescribed notice in writing offering the opportunity of the discharge of any liability to conviction of that offence by payment of a fixed penalty under this section; and no person shall then be liable to be convicted of that offence if the fixed penalty is paid in accordance with this section before the expiration of the twenty-one days following the date of the notice or such longer period (if any) as may be specified therein or before the date on which proceedings are begun, whichever event last occurs.

• (3) Where a person is given a notice under this section in respect of an offence, proceedings shall not be taken against any person for that offence by any constable or local authority until the end of the twenty-one days following the date of the notice or such longer period (if any) as may have been specified therein.

• (4) In the foregoing subsections " proceedings " means any criminal proceedings in respect of the act or omission constituting the offence specified in the notice under subsection (2), and " convicted " shall be construed in like manner.

• (5) Payment of a fixed penalty under this section shall be made to such justices' clerk (within the meaning of section 27 of the ustices of the Peace Act 1949) as may be prescribed, and sums paid by way of fixed penalty for any offence shall be treated for the purposes of that section as if they were fines imposed on summary conviction for that offence; and in any proceedings a certificate that payment of a fixed penalty was or was not made to the prescribed justices' clerk by a date specified in the certificate shall, if the certificate purports to be signed by the justices' clerk, be sufficient evidence of the facts stated, unless the contrary is proved; and where, in England or Wales, by virtue of regulations made for the purposes of this subsection, a justices' clerk for a petty sessions area comprised in the area of one responsible authority within the meaning of the said section 27 discharges functions in connection with a fixed penalty for an offence alleged to have been committed in a petty sessions area comprised in the area of another such authority—

• (a) that other authority shall make to the first-mentioned authority such payment in connection with the discharge of those functions as may be agreed between them or, in default of such agreement, as may be determined by the Secretary of State ; and

• (b) any such payment between responsible authorities shall be taken into account in determining for the purposes of subsection (2) of the said section 27 the net cost to those authorities respectively of the functions referred to in that subsection.

• (6) A notice under subsection (2) above shall give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information thereof, and shall state also the period during which, by virtue of subsection (3) above, proceedings will not be taken for the offence, the amount of the fixed penalty, and the justices' clerk to whom and the address at which the fixed penalty may be paid.

• (7) Where a constable finds a vehicle on an occasion and has reason to believe that on that occasion there is being or has been committed in respect of it an offence to which this section applies, he may proceed under this section as if he had found a person reasonably believed by him to be committing the offence, and for that purpose a notice affixed to the Vehicle shall be deemed to be given to the person liable for that offence.

• (8) A notice affixed to a vehicle under subsection (7) above shall not be removed or interfered with except by or under the authority of the driver or person in charge of the vehicle or the person liable for the offence in question; and any person contravening this subsection shall be liable on summary conviction to a fine not exceeding £5.

• (9) The fixed penalty for an offence shall be £2 or one-half the maximum amount of the fine to which a person not previously convicted is liable on summary conviction of the offence, whichever is the less:

Provided that the Secretary of State may by order provide for the fixed penalty to be in any case more or less than £2 (but not more than one-half the maximum amount of the fine to which a person not previously convicted is liable on summary conviction).

• (10) In any proceedings for an offence to which subsection (1) above applies no reference shall be made after the conviction of the accused to the giving or affixing of any notice under this section or to the payment or non-payment of a fixed penalty thereunder unless in the course of the proceedings or in some document which is before the court in connection with the proceedings reference has been made by or on behalf of the accused to the giving or affixing of such a notice or, as the case may be, to such a payment or non-payment.

• (11) The Secretary of State may by regulations make provision as to any matter incidental to the operation of this section, and in particular—

• (a) for prescribing the form of notice under subsection (2), and the justices' clerk to whom a fixed penalty is payable; and

• (b) for prescribing the duties of justices' clerks and the information to be supplied to them.

• (12) The power of the Secretary of State to make orders under this section shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (13) An order of the Secretary of State under this section may be varied or revoked by a subsequent order of the Secretary of State.

• (14) In the application of this section to Scotland—

• (a) any reference to a justices' clerk (within the meaning of section 27 of the Justices of the Peace Act 1949) shall be construed as a reference to a clerk of court (within the meaning of the Summary Jurisdiction (Scotland) Act 1954);

• (b) in subsection (2) the words " before the expiration of the twenty-one days following the date of the notice or such longer period (if any) as may be specified therein or " and the words " whichever event last occurs " shall be omitted;

• (c) in subsection (3) the words " by any constable or local authority " shall be omitted, and for the words " have been " there shall be substituted the word " be ";

• (d) in subsection (5), for the words " that section " there shall be substituted the words " determining their destination "; and

• (e) paragraph (b) of subsection (11) shall not apply.

Traffic wardens.

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• (1) Subject to subsection (3) below, a police authority in England or Wales may appoint persons to discharge, in aid of the police, functions normally undertaken by the police in connection with the control and regulation of, or the enforcement of the law relating to, traffic (including foot passengers) or vehicles ; and persons so appointed shall act under the direction of the chief officer of police, but shall be deemed to be employed by the police authority.

• (2) Persons employed under subsection (1) above shall be known as " traffic wardens ", and a police authority employing traffic wardens for the purposes of that subsection may also (subject to subsection (3) below) employ them to act, under the direction of the chief officer of police, for other purposes connected with the control and regulation of traffic (including foot passengers) or vehicles ; and in particular—

• (a) where the police authority provides school crossing patrols under section 24 of this Act, whether as the appropriate authority or by agreement with the appropriate authority, the traffic wardens may be employed to act as school crossing patrols ; and

• (b) the police authority may, under arrangements made with the Minister or a local authority, employ the traffic wardens to act as parking attendants at street parking places provided or controlled by the Minister or local authority.

• (3) Traffic wardens shall not be employed to discharge functions other than those prescribed as appropriate for the purpose by order of the Secretary of State, and an order under this subsection may be varied or revoked by a subsequent order of the Secretary of State.

An order under this subsection shall be made by statutory instrument and shall not be made unless a draft thereof has been laid before, and approved by resolution of, each House of Parliament.

• (4) In so far as an order under subsection (3) above authorises the employment of traffic wardens for the purposes of section 80 of this Act references in that section to a constable shall include a traffic warden.

• (4A) An order under subsection (3) above may provide that, for the purposes of any functions which traffic wardens are authorised to discharge by the order and subject to the provisions of subsection (4B) below, references to a constable or police constable in all or any of the following enactments shall include references to a traffic warden, that is to say—

• (a) section 52 of the Metropolitan Police Act 1839, so far as it relates to the giving by the commissioner of directions to constables for preventing obstruction ;

• (b) section 22 of the local Act of the second and third year of the reign of Queen Victoria, chapter 94, so far as it makes similar provision with respect to the City of London ;

• (c) in the Road Traffic Act 1960—

• (i) sections 14 and 15 (which relate to compliance with traffic directions given by police constables);

• (ii) section 223 (which relates to the power of a constable to stop vehicles);

• (iii) section 225(1) and (4) (which relate to the power of a constable to require the production of a driving licence in certain circumstances);

• (iv) sections 226 and 229 (which relate to the powers of constables to obtain names and addresses of drivers and others and to require production of evidence of insurance or security and test certificates) ;

• (v) section 242 (which relates to the giving of certain evidence by certificate);

• (d) section 89 of this Act.

• (4B) Any power of a constable for the purposes of the following provisions of the Road Traffic Act 1960, namely, sections 223, 225(1) and (4) and 226, shall be exercisable by a traffic warden under an order made by virtue of subsection (4A) above only where—

• (a) the traffic warden is assisting a constable ; or

• (b) the traffic warden has reasonable cause to believe that an offence has been committed of a description specified in relation to the section in question for the purposes of this paragraph by the order and, in the case of a power for the purposes of the said section 226, the order authorises the use of that power in relation to that offence ; or

• (c) in the case of a power for the purposes of the said section 223, the traffic warden is exercising functions in connection with the control and regulation of traffic (including foot passengers) or vehicles.

• (5) A police authority shall not employ as a traffic warden any person who is a constable, but shall take steps to ensure that only persons adequately qualified are appointed traffic wardens, and that traffic wardens are suitably trained before undertaking their duties.

• (6) Traffic wardens shall wear such uniform as the Secretary of State may determine, and shall not act as traffic wardens when not in uniform.

• (7) Any power to acquire, or authorise the acquisition of, land for the purposes of a police force shall include power to acquire, or authorise the acquisition of, land for the purposes of the functions under this section of the police authority; and any land occupied for the purposes of those functions shall be deemed to be occupied for the purposes of the police force.

• (8) Where traffic wardens are employed by a police authority which is a committee of the council of a county or borough, they shall be treated as employed by the committee as constituted from time to time; but the committee's employment of traffic wardens shall not subject members of the committee to any personal liability under contract or otherwise.

• (9) Neither the Local Government Superannuation Acts 1937 to 1953 nor any local Act scheme within the meaning of those Acts shall apply to traffic wardens by virtue of the foregoing provisions of this section ; but in relation to such traffic wardens employed outside the metropolitan police district as the police authority may determine those Acts (or, if the expenses of the police authority are paid by a local Act authority, the local Act scheme) and any regulations under the Local Government Superannuation Act 1953 shall apply, subject to such adaptations, modifications and exceptions as the Minister of Housing and Local Government may by regulations prescribe.

• (10) The expenses incurred for the purpose of or in connection with the functions under this section of a police authority shall be defrayed as if those expenses were expenses incurred for the purposes of the police force maintained by the authority.

• (11) In respect of the employment of traffic wardens in the metropolitan police district—

• (a) the functions under this section of the police authority shall be discharged by the commissioner of police of the metropolis; and

• (b) there shall be paid out of the metropolitan police fund such expenditure incurred for the purposes of this section as the Secretary of State may direct to be so paid; and

• (c) the receiver for the metropolitan police district shall be treated as the employer for the purpose of any proceedings in respect of matters arising out of the employment.

• (12) As respects Scotland—