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Road Traffic Regulation Act 1967 (repealed)

Type Public General Act

Publication 1967-07-27

Last updated 2004-07-22

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(a) where under section 9 of the Police (Scotland) Act 1967 a police authority employs persons to discharge any such functions as are described in subsection (1) above, those persons shall act under the directions of the chief officer of police and subsections (2) to (6) above shall apply as they apply in relation to traffic wardens employed under subsection (1) (but with the omission of any reference to the Minister); and

(b) notwithstanding anything contained in the Local Government Superannuation (Scotland) Acts 1937 to 1953, traffic wardens shall for the purposes of those Acts be deemed not to be officers.

Exercise of certain powers as respects boundary roads and parts of roads

Powers exercisable with respect to boundary roads.

82

(1) For the purposes of sections 6(1) and (2), 9, 56, 72(3) and 74(1) of this Act, where any part of the width of a road is in Greater London, the whole width thereof shall be deemed to be in Greater London.

(2) Subject to subsection (1) above, any powers which under the provisions specified in subsection (3) below are exercisable by a local authority as respects a road (including powers exercisable by such an authority as highway authority) shall, in the case of a road part of the width of which is in the area of one local authority and part in the area of another, be exercisable by either authority with the consent of the other.

(3) The said provisions are sections 1(1), 9, 12, 15(1), 21(1), 26(1), 26A(1), 28(1), 46(1), 56A, 72(3) and 74 of this Act.

(4) In this section " local authority " means the council of any county or county borough, county district, London borough, borough included in a rural district, or parish or the Common Council of the City of London.

(5) This section does not extend to Scotland.

Exercise of certain powers as respects part of road.

83

(1) Any power which is exercisable in relation to any road under the provisions specified in subsection (2) below, otherwise than by virtue of section 82 of this Act, shall be exercisable with respect to the whole or any part of the width of the road.

(2) The said provisions are sections 9, 59, 69, 72, 73, 74 and 77 of this Act.

Special provisions with respect to functions of the Greater London Council and other local authorities

General duty of Greater London Council and other local authorities with respect to road traffic.

84

(1) It shall be the duty of the Greater London Council and every other local authority upon whom functions are conferred by or under this Act so to exercise the functions conferred on them by this Act as, so far as practicable having due regard to—

(a) the desirability of securing and maintaining reasonable access to premises,

(b) the effect on the amenities of any locality affected,

(bb) the importance of facilitating the passage of public service vehicles and of securing the safety and convenience of persons using or desiring to use such vehicles, and

to secure the expeditious, convenient and safe movement of vehicular and other traffic (including foot passengers) and the provision of suitable and adequate parking facilities on and off the highway.

(3) Where the Greater London Council or any other local authority are authorised or required by or under any provision of this Act to hold an inquiry for the purpose of any of their functions, any person appointed by that council or authority to hold the inquiry shall have the like powers as a person appointed to hold an inquiry to which section 290 of the Local Government Act 1933 applies.

(4) Without prejudice to any power of delegation conferred by or by virtue of the provisions of sections 14 to 20 of the London Government Act 1963, section 5(1) of that Act shall not apply to any function conferred on the Greater London Council by or by virtue of this Act.

Special provisions with respect to certain orders

Reserve powers of appropriate Minister as to certain orders.

84A

(1) Subject to subsection (5) below and to section 84C(7) of this Act—

(a) the Minister may, after consultation with the Greater London Council, give to that Council with respect to any of the following provisions of this Act, namely, sections 6, 9, 31. 33, 35, 36, 37(2) and (3), 73(3) and 74, and

(b) in the case of any other local authority, being an authority who have 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, 9, 15, 28, 31, 33, 35, 36, 37(2) and (3), 39, 73(3) and 74 (hereafter in this section referred to as an " authorised authority "), the appropriate Minister may, after consultation with the authorised authority, give to that authority with respect to any of those provisions,

a direction—

(i) requiring the Council or authority to make an order under or by virtue of the provision or provisions in question for a specified purpose and coming into operation before the expiration of a specified period; or

(ii) prohibiting the Council or authority (either generally or without that Minister's consent or for a specified period) from making or bringing into operation an order under or by virtue of the provision or provisions in question with respect to specified matters or a specified area.

(2) Any power to make an order conferred on the Greater London Council by any of the provisions referred to in paragraph (a) or conferred on an authorised authority by any of the provisions referred to in paragraph (b) of subsection (1) above shall be exercisable by the appropriate Minister as well as by the Council or authority, and where that Minister has made an order by virtue of this subsection—

(a) then, so far as appears to him necessary in order to make the order effective, he, or (except where the power is a power of the Greater London Council) any other local authority with whom he may make arrangements for the purpose, shall have power to do anything which the Council or, as the case may be, the authorised authority would have had power to do if the order had been made by them ; and

(b) he may recover from the Council or, as the case may be, from the authorised authority summarily as a civil debt any expenses incurred by him by virtue of paragraph (a) above;

but no Minister shall make any order by virtue of this subsection except for the purpose of securing the object of a direction given to the Greater London Council or an authorised authority under subsection (1) above with which that Council or authority have failed to comply.

(3) Where by virtue of subsection (2) above a parking place has been designated under section 35(1) or (5) of this Act by an order of the appropriate Minister, then—

(a) if that Minister, with the consent of the Treasury, enters into an agreement with the local authority within the meaning of that section or, in the case of an order under the said section 35(5), with the local authority or the Greater London Council for the transfer to that authority or Council of the operation of that parking place, the operation thereof, and such apparatus or other things held by, and rights or liabilities of, that Minister in connection with the parking place as may be specified in the agreement, shall be transferred as from such date and on such terms (including terms as to the making of payments to or by that Minister) as may be so specified;

(b) from the taking effect of any such transfer of the operation of the parking place the order designating the parking place shall have effect subject to such modifications (if any) as that Minister may direct, being modifications appearing to him requisite in consequence of the transfer, and the provisions of the said section 35 and sections 36, 37, 42 and 44 of this Act shall thereafter apply as if the parking place had been designated under the said section 35(1) by an order made by, or on the application of, the local authority or, where the transfer is to the Greater London Council, under the said section 35(5) by an order made by that Council.

(4) Without prejudice to any power to make an order for the like purpose by virtue of subsection (2) above and section 84D of this Act, but subject to subsection (5) below, the appropriate Minister may, after giving notice to the Greater London Council or, as the case may be, the authorised authority concerned and holding, if he thinks fit, a public inquiry, by order vary or revoke any order made or having effect as if made under or by virtue of any of the provisions referred to in subsection (1)(a) or (b) above.

(5) No Minister shall give any direction under subsection (1) above or, subject to subsection (6) below, make any order under subsection (4) above unless he is satisfied, having regard to any matters appearing to him to be relevant, that the duty under section 84(1) of this Act of the Greater London Council or, as the case may be, of the authorised authority concerned is not being satisfactorily discharged by that Council or authority and that the giving of the direction or, as the case may be, the making of the order is necessary in order to secure compliance with that duty.

(6) The appropriate Minister may make an order under subsection (4) above notwithstanding that he is not satisfied as mentioned in subsection (5) above if he is satisfied, having regard to any matters appearing to him to be relevant, that there are special circumstances which make it expedient that the order should be made.

(7) In relation to an order under section 15 or 33 of this Act, references in this section to the appropriate Minister shall, notwithstanding anything in section 104(1) or section 108 of this Act, be construed as references to the Minister of Transport.

(8) In its application to Scotland, subsection (2)(b) above shall have effect as if the words " summarily as a civil debt " were omitted.

Consents of appropriate Minister to certain orders.

84B

(1) Where in the case of any order proposed to be made by a local authority other than the Greater London Council under or by virtue of any of the following provisions of this Act, namely, sections 1, 5, 9, 15, 26, 28, 31, 33, 35, 36, 37, 73(3) and 74, it is proposed to include in the order any provision—

(a) so prohibiting or restricting the use of a road as to prevent for more than eight hours in any period of twenty-four hours access for vehicles of any class to any premises situated on or adjacent to that road or any other premises accessible for vehicles of that class from, and only from, that road ; or

(b) applying to a trunk road ; or

(c) directing that a principal road shall be, or cease to be, a restricted road for the purposes of section 71 of this Act; or

(d) in the case of an order for the purposes of section 74(1) of this Act—

(i) applying to a principal road ; or

(ii) applying to any road a speed limit of less than 30 miles an hour ; or

(e) varying or revoking within twelve months of its making any order made by, or made in pursuance of a direction given by, the appropriate Minister; or

(f) making provision as respects any length of road for any purpose within twelve months after the date when a previous order made as respects that length of road for a similar purpose was varied or revoked by an order made by, or made in pursuance of a direction given by, the appropriate Minister; or

(g) varying or revoking an order under section 1 of this Act as respects a road which is not a trunk road made by the appropriate Minister on the application of the governing body of a university,

then, except where the provision is to be included in pursuance of a direction under section 84A(1) of this Act, the order shall not be made except with the consent of the appropriate Minister.

(2) Where in the case of any order proposed to be made by the Greater London Council under or by virtue of any of the following provisions of this Act, namely, sections 6, 9, 31, 33, 35, 36, 37, 73(3) and 74, it is proposed to include in the order any provision such as is mentioned in paragraphs (b) to (f) of subsection (1) above, then, except where the provision is to be included in pursuance of a direction under section 84A(1) of this Act, the order shall not be made except with the consent of the Minister.

(3) The appropriate Minister may by order add to or remove from the orders for which his consent is required by the foregoing provisions of this section such orders made by such local authorities for such purposes or in such circumstances as he may see fit to specify in his order; but—

(a) no order under this subsection removing any order from the orders for which the Minister's consent is for the time being required under this section shall be made unless a draft of the order has been approved by resolution of each House of Parliament; and

(b) any other order under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) The appropriate Minister may, in consenting to any order submitted to him for his consent under this section, consent to that order either in the form in which it was submitted to him or with such modifications as he thinks fit, which may include additions, exceptions or other modifications of any description; but where he proposes to consent to the order with modifications which appear to him substantially to affect the character of the order as submitted to him, he shall, before doing so, take such steps as appear to him to be sufficient and reasonably practicable for informing the local authority in question and other persons likely to be concerned.

(5) The appropriate Minister may by order grant a general consent to the making of orders requiring his consent under this section—

(a) of such descriptions, or

(b) with respect to such matters only, or

(d) made in such circumstances, or

(e) complying with such requirements,

as may be specified in the order; but any order under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) The power to make an order conferred by subsection (3) or (5) above shall be exercisable by statutory instrument and shall include power to make an order under that subsection varying or revoking any previous order made thereunder.

(7) In relation to an order under section 15 or 33 of this Act, references in this section to the appropriate Minister shall, notwithstanding anything in section 104(1) or section 108 of this Act, be construed as references to the Minister of Transport.

(8) In subsection (1)(c) and (d) above, the expression " principal road " means a road for the time being classified as a principal road—

(a) by the Minister under section 27(2) of the Local Government Act 1966 for the purposes of advances under section 235 of the Highways Act 1959; or

(b) by the Secretary of State under section 28(2) of the Local Government (Scotland) Act 1966 for the purposes of advances under section 8 of the Development and Road Improvement Funds Act 1909.

Procedure as respects certain orders and consents.

84C

(1) Without prejudice to any further requirements contained in any regulations made under the subsequent provisions of this section, and except where the order is made in pursuance of a direction given by the appropriate Minister under section 84A(1) of this Act, before the Greater London Council or any other local authority make an order under or by virtue of any of the following provisions of this Act, namely, sections 1, 5, 6, 9, 15, 26, 26A, 28, 31, 33, 35, 36, 37, 73(3) and 74, they shall consult with the chief officer of police of any police area in which any road or other place to which the order is to relate is situated; and if the order in question falls to be submitted to the appropriate Minister for his consent under section 84B of this Act, the authority shall so consult before so submitting the order.

(2) The appropriate Minister may make regulations as respects orders of a local authority other than the Greater London Council under any of the provisions referred to in subsection (1) above other than section 26A for providing the procedure to be followed in connection with the making of such orders, the submission of such orders for the consent of the appropriate Minister, where such submission is required, and the consideration by that Minister of any such order submitted to him; and the appropriate Minister shall by regulations under this subsection make such, if any, provision as he considers appropriate with respect to—

(a) the publication of any proposal for the making of such an order;

(b) the making and consideration of objections to any such proposal; and

(3) Without prejudice to the generality of subsection (2) above, regulations under that subsection may include provision—

(a) as to the form of any such order as is mentioned in that subsection;

(b) for the holding of inquiries for the purposes of any such order, and as to the appointment of the person by whom any such inquiry is to be held ;

(c) for the making of modifications in any such order, whether in consequence of any objections or otherwise, before the order is made ;

(d) requiring any such order to include such exemptions for such purposes and subject to such exceptions as may be provided for by the regulations;

(e) requiring the authority by whom any such order is made to place and maintain, or cause to be placed and maintained, such traffic signs in connection with that order as may be so provided for.

(4) The Minister, after consultation with the Greater London Council, may make regulations—

(a) as respects orders made by that Council under any of the provisions referred to in subsection (1) above other than section 26A, for any of the like purposes as those for which regulations are required or authorised to be made under subsection (2) above;

(b) with respect to any other order the making of which by that Council requires the consent of the Minister, for providing the procedure to be followed in connection with the obtaining of that consent.

(5) The appropriate Minister may make regulations with respect to the procedure in connection with the making by him—

(a) of any order made by virtue of subsection (2) or made under subsection (4) of section 84A of this Act;

(b) of any order which he is authorised to make with respect to trunk roads under any of the provisions referred to in subsection (1) above.

(6) Any regulations under this section may make different provision for different orders or for different circumstances; and where any such regulations require an authority to post any notice in a highway the authority may, whether or not they are the highway authority, take such steps for that purpose as they think fit, including the use for that purpose of any lamppost, traffic sign or other structure whatsoever in the highway, whether or not belonging to that authority.

(7) Before giving any authority a direction under section 84A(1) of this Act to make with or without modifications an order under any of the provisions referred to in subsection (1) above in connection with which steps have already been taken in pursuance of regulations under this section, the appropriate Minister—

(a) shall consider any objections made to that order; and,

(b) if the order is directed to be made with modifications which appear to him to affect substantially the character of the order, shall take such steps as appear to him to be sufficient and reasonably practicable for informing any local authority concerned and any other person likely to be concerned.

(8) In relation to an order under section 15 or 33 of this Act, references in this section to the appropriate Minister shall, notwithstanding anything in section 104(1) or section 108 of this Act, be construed as references to the Minister of Transport.

Provisions as to Variation or revocation, and as to making by Ministers, of certain orders.

84D

(1) Subject to subsection (3) below, and without prejudice to section 35(6) of this Act, any power to make an order as respects any road or parking place conferred by or by virtue of any of the following provisions of this Act, namely, sections 1(1) to (7), 5, 6, 9, 15, 26, 26A, 28, 31, 33, 35, 36, 37(2) and (3), 39, 73, 74 and 84A(4), shall include power for the authority for the time being having power to make such an order as respects that road or parking place to make such an order varying or revoking any previous order as respects that road or parking place made, or having effect as if made, under or by virtue of the provision in question, whether that previous order was made by that or some other authority and notwithstanding that the previous order was, and the order varying or revoking it is not, made in pursuance of a power exercisable by statutory instrument.

(2) For the avoidance of doubt it is hereby declared that, subject to section 84B of this Act, the power to vary or revoke an order made under or by virtue of any of the provisions referred to in subsection (1) above extends to the variation or revocation of any such order in connection with the provision in question as is hereinafter mentioned, notwithstanding that it was made by, or by direction of, a Minister, namely—

(a) an order under or by virtue of the provision in question made in pursuance of a direction under section 84A(1) of this Act;

(b) an order under or by virtue of the provision in question (not being section 35, 36, 37 or 39 of this Act) made by virtue of section 84A(2) of this Act;

(c) an order under or by virtue of the provision in question (being the said section 35, 36, 37 or 39) made by virtue of the said section 84A(2) if that order relates to a parking place for the time being controlled by the local authority within the meaning of the said section 35 or by the Greater London Council;

(d) an order under section 26(5) or 84A(4) of this Act.

(3) Where a Minister proposes to make an order varying or revoking an order made by him by virtue of section 1(2) of this Act upon the application of the governing body of a university, he shall before making the order give notice to that body and, if he thinks fit, hold a public inquiry.

(4) Nothing in subsection (5) of section 84A of this Act shall prevent the exercise by a Minister of the power to revoke any order made by that Minister under subsection (4) of that section.

(5) Any power of a Minister to make an order under or by virtue of any of the provisions referred to in subsection (1) above shall be exercisable by statutory instrument.

Limitation of right to challenge certain orders in legal proceedings.

84E

(1) If in the case of an order made under or by virtue of any of the following provisions of this Act, namely, sections 1(1) to (7), 5, 6, 9, 15, 28 and 33, any person desires to question the validity of, or of any provision contained in, the order on the ground that it is not within the powers with respect to such an order conferred by this Act, or on the ground that any requirement with respect to such an order of, or of any instrument made under, any provision of this Act 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, in Scotland, to the Court of Session.

(2) Subsections (2) and (3) of section 41 of this Act shall apply in relation to an application under subsection (1) above and to such an order as is mentioned in the said subsection (1) as they apply in relation to an application under subsection (1) of the said section 41 and to a designation order.

Furnishing of information

Duty to give information as to identity of driver, etc. in certain cases.

85

(1) This section applies to any offence under any of the foregoing provisions of this Act except an offence against any of the following provisions, that is to say, sections 9(9), 17(5), 31(5) (in its application to England and Wales), 77(7) and 80(8).

(2) Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies—

(a) the owner of 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, or

(ii) in the case of an offence under section 31(3) or against section 42 of this Act, by or on behalf of a chief officer of police or, in writing, by or on behalf of the local authority for the parking place in question; 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.

In this subsection references to the driver of a vehicle include references to the person riding a bicycle or tricycle (not being a motor vehicle), and in relation to parking places designated by virtue of section 35(5) of this Act by an order of the Greater London Council, the reference to the local authority shall be construed as a reference to that Council.

(3) A person who fails to comply with the requirement of subsection (2)(a) above 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, or, as the case may be, the rider of the bicycle or tricycle, was, and a person who fails to comply with the requirement of subsection (2)(b) above shall be guilty of an offence ; and a person guilty of an offence under this subsection shall be liable on summary conviction to a fine not exceeding £50.

Forgery of parking meter ticket, etc.

86

(1) A person shall be guilty of an offence, who with intent to deceive—

(a) forges or alters, or uses or lends to, or allows to be used by, any other person any ticket issued by a parking meter, or 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, or

(b) makes or has in his possession any document so closely resembling any such ticket or authorisation as to be calculated to deceive.

In the application of this subsection to England and Wales, " forges " means forges within the meaning of the Forgery Act 1913.

(2) A person guilty of an offence under subsection (1) above shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years ;

(b) on summary conviction, to a fine not exceeding £100 or to imprisonment for a term not exceeding four months or to both such fine and such imprisonment.

(3) A person who knowingly makes a false statement for the purpose of procuring the grant or issue to himself or any other person of any such authorisation as aforesaid shall be liable on summary conviction to a fine not exceeding £100 or to imprisonment for a term not exceeding four months or to both such fine and such imprisonment.

(4) If any person authorised in that behalf by or under a designation order has reasonable cause to believe that a document or article carried on a vehicle or by the driver or person in charge thereof is a document or article in relation to which an offence has been committed under subsection (1) above (so far as that subsection relates to such authorisations as are referred to in that subsection) or under subsection (3) above, he may detain that document or article and may for that purpose require the driver or person in charge of the vehicle to deliver up the document or article ; and if the driver or person in charge of the vehicle fails to comply with that requirement he shall be liable on summary conviction to a fine not exceeding £50.

(5) When a document or article has been detained under subsection (4) above and at any time after the expiration of six months from the date when that detention began no person has been charged since that date with an offence in relation to the document or article under subsection (1) or (3) above, and the document or article has not been returned to the person to whom the authorisation in question was issued or to the person who at that date was the driver or person in charge of the vehicle, then, on an application made for the purpose to a magistrates' court (or, in Scotland, on a summary application made for the purpose to the sheriff court) by one of the following persons, namely, the person to whom the authorisation was issued, the person who at the said date was the driver or person in charge of the vehicle, or the person for the time being having possession of the document or article, the court shall make such order respecting disposal of the document or article and award such costs (or, in Scotland, expenses) as the justice of the case may require.

Penalty for breach of regulations and for aiding, abetting, etc., commission of offences in Scotland

Penalty for breach of regulations.

87

If a person acts in contravention of, or fails to comply with, any regulations made by the Minister or a Secretary of State under this Act (other than regulations made under section 25, 80 or 84C) and contravention thereof, or failure to comply therewith, is not made an offence under any other provision of this Act or under any provision of the Road Traffic Act 1960 he shall for each offence be liable on summary conviction to a fine not exceeding £20.

Penalty for aiding, abetting, etc. commission of offences in Scotland.

88

As respects Scotland, a person who aids, abets, counsels, procures or incites any other person to commit an offence against the provisions of this Act or any regulations made thereunder, except an offence against section 31(3), 43(2) or (3) or 80(8), shall be guilty of an offence and shall be liable on conviction to the same punishment as might be imposed on conviction of the first-mentioned offence.

Legal proceedings and destination of fines

Evidence by certificate.

89

(1) In any proceedings in England or Wales for an offence to which section 85 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 or used by, or belonged to, that person on a particular occasion, or

(b) that a particular motor vehicle on 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 on 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 or used, or to whom it belonged, as the case may be, on that occasion.

(2) Nothing in subsection (1) above 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) above 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 under section 242 of the Road Traffic Act 1960.

Proof, in summary proceedings, of identity of driver of vehicle.

90

Where on the summary trial in England or Wales of an information for an offence to which section 85 of this Act applies—

(a) it is proved to the satisfaction of the court, on oath or in manner prescribed by rules made under section 15 of the Justices of the Peace Act 1949, that a requirement under the said section 85(2) 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 by post, 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.

Time for commencing summary proceedings for offences under s. 86.

91

Summary proceedings for an offence under section 86 of this Act may be brought—

(a) within a period of six months from the date of the commission of the alleged offence, or

(b) within a period which exceeds neither three months from the date on which it came to the knowledge of the prosecutor that the offence had been committed nor one year from the date of the commission of the offence,

whichever period is the longer.

Jurisdiction of courts of summary jurisdiction in Scotland for certain offences.

92

An offence under this Act, or any regulations made under this Act, for which the maximum penalty does not exceed £50, other than an offence under section 13(4), 23(5), 25(2) or 26(6), may be prosecuted in any court of summary jurisdiction within the meaning of the Summary Jurisdiction (Scotland) Act 1954 having jurisdiction in the place where the offence was committed.

Inclusion in indictment in Scotland of certain summary offences.

93

(1) A contravention occurring in Scotland of any of the provisions of this Act or of any regulations made thereunder, which is directed to be prosecuted summarily and which, if it had been triable on indictment, could competently have been libelled as an additional or alternative charge in an indictment charging a person with culpable homicide in respect of the driving or attempted driving or use of a motor vehicle, or with a contravention of section 1, section 2 or section 6 of the Road Traffic Act 1960, may, notwithstanding the direction aforesaid, be so libelled and may be tried accordingly.

In this subsection any reference to a contravention of regulations includes a reference to a failure to comply with regulations.

(2) This section shall not apply to a contravention of any of the following provisions of this Act, that is to say, sections 31(3), 43(2) and (3) and 80(8).

Destination of fines.

94

(1) All sums paid to the Secretary of State under section 27 of the Justices of the Peace Act 1949 in respect of fines imposed in respect of offences under the foregoing provisions of this Act or the regulations made thereunder (except offences under section 25(2), 26(6), 26A(5) or 31(5) shall be deemed to be Exchequer moneys within the meaning of the said section 27.

(2) All fines imposed in respect of offences under section 86 of this Act of which the offenders have been convicted on indictment shall be paid into the Exchequer in the manner and in accordance with the directions applicable by virtue of section 21(2) of the Vehicles (Excise) Act 1962 to the fines therein mentioned, and so shall all fines imposed in respect of offences committed in Scotland under the foregoing provisions of this Act, or the regulations made thereunder, being offences of which the offenders have been convicted otherwise than on indictment, except offences under section 25(2), 26(6) or 42 of this Act.

Inquiries

General power to hold inquiries.

95

Without prejudice to any other provision of this Act, the Minister or the Secretary of State may hold inquiries for the purposes of this Act except sections 80 and 81 thereof.

General provisions as to inquiries.

96

(1) Where under any of the provisions of this Act an inquiry is held by the Minister or the Secretary of State,—

(a) notice of the inquiry may be given and published in accordance with such general or special directions as the appropriate Minister may give ;

(b) the appropriate Minister and, if authorised by him, the person appointed to hold the inquiry, may by order require any person, subject to the payment or tender of the reasonable expenses of his attendance, to attend as a witness and give evidence or to produce any documents in his possession or power which relate to any matter in question at the inquiry, and are such as would be subject to production in a court of law ;

(d) the appropriate Minister may make such order as to the payment of the costs incurred by him in connection with the inquiry (including such reasonable sum not exceeding five guineas a day as he may determine for the services of any officer engaged in the inquiry) by such party to the inquiry as he thinks fit, and may certify the amount of the costs so incurred, and any amount so certified and directed by the appropriate Minister to be paid by any person shall be recoverable from that person, and shall be so recoverable, in England or Wales, either as a debt due to the Crown or by the Minister summarily as a civil debt, and in Scotland by the Secretary of State.

(2) If a person fails without reasonable excuse to comply with any of the provisions of an order under paragraph (b) of subsection (1) above, he shall be liable on summary conviction to a fine not exceeding £5.

Application to Crown

Application to Crown.

97

(1) Subject to the provisions of this section, the provisions of this Act specified in subsection (2) below shall apply to vehicles and persons in the public service of the Crown.

(2) The said provisions are sections 1, 9 to 12, 18 to 24, 33 to 37, 40, 42, 44, 47 to 51, 54, 55, 57 to 69, 71 to 79, 82 and 83 and, except in relation to vehicles and persons in the armed forces of the Crown when on duty, section 6.

(3) The Minister may by regulations vary in relation to vehicles used for naval, military or air force purposes while being driven by persons for the time being subject to the orders of a member of the armed forces of the Crown the provisions of any statutory provision imposing a speed limit on motor vehicles; but regulations under this subsection may provide that any variation made by the regulations shall have effect subject to such conditions as may be specified in the regulations.

(4) For the purpose of proceedings for an offence under this Act in connection with a vehicle in the public service of the Crown, being proceedings against a person other than the driver or rider of the vehicle, the person nominated in that behalf by the department in whose service the vehicle is used shall be deemed to be the person actually responsible unless it is shown to the satisfaction of the court that the driver or rider only was responsible.

Vehicles used for marine salvage.

98

Section 97(3) of this Act shall have effect in relation to motor vehicles used for salvage purposes pursuant to Part IX of the Merchant Shipping Act 1894 as it has effect in relation to vehicles used for naval, military or air force purposes while being driven as therein mentioned.

Interpretation

Interpretation of expressions relating to motor vehicles and classes thereof.

99

(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 sidecar 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 three tons;

(b) if it is constructed or adapted for use for the conveyance of goods or burden of any description, does not exceed three tons, or three tons and a half if the vehicle carries a container or containers for holding for the purpose of its propulsion any fuel which is wholly gaseous at sixty degrees Fahrenheit under a pressure of thirty inches of mercury or plant and materials for producing such fuel;

(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 two tons and a half.

(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 eight hundredweight.

(5) In this Act " invalid carriage " means a mechanically propelled vehicle the weight of which unladen does not exceed five hundredweight 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 seven tons and a quarter.

(7) In this Act " light 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 does not exceed eleven tons and a half but does exceed seven tons and a quarter.

(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 eleven tons and a half.

(9) For the purposes of this section, in a case where a motor vehicle is so constructed that a trailer may by partial super-imposition 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 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 section 78 of this Act shall be construed as limiting the powers conferred by this subsection.

Articulated vehicles.

100

A vehicle so constructed that it can be divided into two parts both of which are vehicles and one of which is a motor vehicle shall (when not so divided) be treated for the purposes of this Act as that motor vehicle with the other part attached as a trailer.

Hovercraft.

101

(1) For the purposes of this Act a hovercraft within the meaning of the Hovercraft Act 1968 (in this section referred to as a hover vehicle)—

(a) shall be a motor vehicle, whether or not it is adapted or intended for use on roads ; but

(b) shall be treated, subject to subsection (2) below, as not being a vehicle of any of the classes defined in subsections (2) to (8) of section 99 of this Act.

(2) The Minister may by regulations provide—

(a) that any provision of this Act which would otherwise apply to hover vehicles shall not apply to them or shall apply to them subject to such modifications as may be specified in the regulations ; or

(b) that any such provision which would not otherwise apply to hover vehicles shall apply to them, subject to such modifications (if any) as may be specified in the regulations.

Pedal cycles.

102

This Act shall apply in relation to cycles having four or more wheels and not being motor vehicles as it applies in relation to tricycles not being motor vehicles.

Certain vehicles not to be treated as motor vehicles.

103

(1) For the purposes of this Act—

(a) a mechanically propelled vehicle, being an implement for cutting grass which is controlled by a pedestrian and is not capable of being used or adapted for any other purpose, and

(b) any other mechanically propelled vehicle controlled by a pedestrian which may be specified by regulations made by the Minister for the purposes of this section and of section 10(5) of the Road Transport Lighting Act 1957 and of section 254 of the Road Traffic Act 1960,

shall be treated as not being a motor vehicle.

(2) In subsection (1) above " controlled by a pedestrian " means that the vehicle either—

(a) is constructed or adapted for use only under such control, or

(b) is constructed or adapted for use either under such control or under the control of a person carried on it but is not for the time being in use under, or proceeding under, the control of a person carried on it.

General interpretation provisions.

104

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

subject to section 108 of this Act, " the appropriate Minister " means, in relation to England or Wales, the Minister of Transport and, in relation to Scotland, the Secretary of State;

" bridge authority " means the authority or person responsible for the maintenance of a bridge;

" bridleway " means a way over which the public have the following, but no other, rights of way, that is to say, a right of way on foot and a right of way on horseback or leading a horse, with or without a right to drive animals of any description along the way;

" designation order " means an order under section 35 of this Act;

except for the purposes of section 42, " 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 ;

" footpath " means a way over which the public have a right of way on foot only ;

" highway authority ", for the purposes of the application of this Act to England or Wales, means, in relation to a road other than a trunk road, the authority (being either the council of a county, the council of a county borough, the council of a non-county borough or an urban district, the Common Council of the City of London, the council of a London borough or the Greater London Council) which is responsible for the maintenance of the road, and, in relation to a trunk road, the Minister or the Secretary of State, as the case may be, and for the purposes of the application of this Act to Scotland means, in relation to a road other than a trunk road, a county council or the town council of a burgh charged with the maintenance and management of any of the highways therein, and, in relation to a trunk road, the Secretary of State ;

" magistrates' court " and " petty sessions area " have the same meanings as in the Magistrates' Courts Act 1952;

" metropolitan road " means a road for the time being designated by or under section 17 of the London Government Act 1963 as a metropolitan road;

" the Minister " means the Minister of Transport;

" owner ", in relation to a vehicle which is the subject of a hiring agreement or hire-purchase agreement, means the person in possession of the vehicle under that agreement;

" road " means any highway and any other road to which the public has access, and includes bridges over which a road passes;

" salvage " means the preservation of a vessel which is wrecked, stranded or in distress, or the lives of persons belonging to, or the cargo or apparel of, such a vessel;

" special road " means a road provided or to be provided in pursuance of a scheme under section 1 of the Special Roads Act 1949, or section 11 of the Highways Act 1959, or to which, by virtue of section 19 of the last-mentioned Act, that Act applies as if it were a road provided in pursuance of a scheme under section 11 thereof, and includes any part of a special road;

" statutory ", in relation to any prohibition, restriction, requirement or provision, means contained in, or having effect under, any enactment (including any enactment contained in this Act);

" street parking place " and " off-street parking place " refer respectively to parking places on land which does, and on land which does not, form part of a road ;

" traffic sign " has the meaning assigned to it by section 54(1) of this Act;

" tramcar " includes any carriage used on any road by virtue of an order made under the Light Railways Act 1896 ;

" trolley vehicle " means a mechanically propelled vehicle adapted for use upon roads without rails and moved by power transmitted thereto from some external source;

and the expressions " public service vehicle ", " stage carriage ", and " express carriage " shall be construed in accordance with sections 117 and 118 of the Road Traffic Act 1960.

(2) References in this Act to a class of vehicles or traffic (except the references in section 13) shall be construed as references to a class defined by reference to any characteristics of the vehicles or traffic or to any other circumstances whatsoever.

(3) 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.

Effect of certain references to Scottish local authorities.

105

Where any powers and duties are by this Act conferred or imposed, in relation to Scotland, on county councils and on town councils of certain burghs only, all other burghs shall, for the purposes of those powers and duties, be deemed to be within the county.

Exclusion of application of certain provisions to tramcars and trolley vehicles

Exclusion of application of certain provisions to tramcars and trolley vehicles.

106

(1) None of the following provisions of this Act, and no orders or regulations made under those provisions, shall apply to tramcars or trolley vehicles operated under statutory powers, that is to say, sections 1, 12, 14, 19 and 71 to 79.

(2) In this section " operated under statutory powers " means, in relation to tramcars or trolley vehicles, that their use is authorised or regulated by special Act of Parliament or by an order having the force of an Act.

(3) Subsection (1) above shall have effect subject to any such Act or order as is mentioned in subsection (2) above, and any such Act or order may apply to the tramcars or trolley vehicles to which it relates any of the provisions excluded by subsection (1) above except sections 1, 12 and 14.

Exercise of regulation-making powers and parliamentary control thereover

Exercise of regulation-making powers and parliamentary control thereover.

107

(1) Any power conferred by this Act on the Minister, the Minister of Housing and Local Government or a Secretary of State, or on the Minister and the Secretary of State acting jointly, to make regulations shall be exercisable by statutory instrument.

(2) Before making any regulations under this Act the Minister or, as the case may be, the Secretary of State, or the Minister and the Secretary of State acting jointly, shall consult with such representative organisations as he or they think fit.

This subsection does not apply to regulations under section 80.

(3) A statutory instrument whereby any such power as aforesaid is exercised (other than the power conferred by section 78, 81 or 103) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Regulations under section 78 or 103 of this Act shall not have effect unless approved by resolution of each House of Parliament.

(5) No regulations shall be made under section 81 of this Act unless a draft has been laid before Parliament and has been approved by a resolution of each House of Parliament.

Application to Wales

Application to Wales.

108

(1) In so far as the provisions of this Act apply to Wales the functions of the Minister under those provisions other than—

(a) his functions under sections 15, 33, 71, 78, 81, 97, 99, 101 and 103,

(b) his power (acting jointly with the Secretary of State) to make regulations under section 54, and

shall, subject to the following provisions of this section, be exercisable by the Secretary of State instead of by the Minister and references in this Act to the Minister or the appropriate Minister shall be construed accordingly.

(2) The functions of the Minister under sections 95 and 96 of this Act shall be exercisable by the Secretary of State only for the purposes of the other functions which by virtue of subsection (1) above are exercisable by the Secretary of State.

(3) The Secretary of State shall not by virtue of this section exercise any functions in relation to that part of the road constructed, or in the course of being constructed, by the Minister along the line described in Schedule 1 to the North of Almondsbury—South of Haysgate Trunk Road Order 1947 and referred to in that Order as " the new road " which lies to the east of the most easterly point before reaching the River Wye at which eastbound traffic of Classes I and II (as specified in Schedule 4 to the Highways Act 1959) can leave that road by another special road.

(4) In this section " Wales " includes Monmouthshire.

Application to Isles of Scilly

Application to Isles of Stilly.

108A

(1) The Minister may, after consultation with the Council of the Isles of Scilly, by order provide that any provision of this Act specified in the order shall apply to the Isles, subject to such modifications as may be so specified, as if the Isles were a separate county or a county district.

(2) The power to make orders conferred by this section shall be exercisable by statutory instrument and shall include power to make an order varying or revoking any previous order under this section.

Supplementary

Consequential amendments.

109

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

Repeals, revocations, savings and transitional provisions.

110

(1) The enactments specified in Part I of Schedule 7 to this Act are hereby repealed to the extent specified in the third column of that Schedule, and the regulations and order specified in Part II of that Schedule are hereby revoked to the extent specified in the third column of that Part of that Schedule.

(2) The savings and transitional provisions contained in Schedule 8 to this Act shall have effect.

Saving for s. 38 of Interpretation Act 1889.

111

The inclusion in this Act of any express saving or amendment shall not be taken as prejudicing the operation of section 38 of the Interpretation Act 1889 (which relates to the effect of repeals).

Saving for law of nuisance.

112

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.

Short title, commencement and extent.

113

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

SCHEDULES 1–5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1

For prescribing the routes to be followed by all classes of traffic, or by any class or classes of traffic or vehicles, from one specified point to another, either generally or between any specified times.

2

For prescribing streets which are not to be used for traffic by vehicles or by vehicles of any specified class or classes, either generally or at specified times.

3

For regulating the relative position in the roadway of traffic of differing speeds or types.

4

For prescribing the places where vehicles or vehicles of any class may not turn so as to face in the opposite direction to that in which they were proceeding, or where they may only so turn under conditions prescribed by the order.

5

For prescribing the conditions subject to which, and the times at which, articles of exceptionally heavy weight or exceptionally large dimensions may be carried by road.

6

For prescribing the number and maximum size and weight of trailers which may be drawn on streets by vehicles or vehicles of any class either generally or on streets of any class or description, and for prescribing that a man should be carried on the trailer or, where more than one trailer is drawn, on the rear trailer for signalling to the driver.

7

For prescribing the conditions subject to which, and the times at which, articles may be loaded on to or unloaded from vehicles, or vehicles of any class, on streets.

8

For prescribing the conditions subject to which, and the times at which, vehicles, or vehicles of any class, delivering or collecting goods or merchandise, or delivering goods or merchandise of any particular class or classes, may stand in streets, or in streets of any class or description, or in specified streets.

9

For prescribing the conditions subject to which, and the times at which, vehicles, or vehicles of any class, may be used on streets for collecting refuse.

10

For prescribing rules as to precedence to be observed as between vehicles proceeding in the same direction, in opposite directions, or when crossing.

11

For prescribing the conditions subject to which, and the times at which, horses, cattle, sheep and other animals may be led or driven on streets within Greater London.

12

For requiring the erection, exhibition, and removal of traffic notices, and as to the form, plan, and character of such notices.

13

Broken down vehicles.

14

Vehicles, or vehicles of any class, when unattended.

15

Places in streets where vehicles, or vehicles of any class, may, or may not, wait either generally or at particular times.

16

Cabs and hackney carriages not hired and being in a street elsewhere than on a cab rank.

17

For restricting the use of vehicles and animals, and of sand-wichmen and other persons, in streets for the purposes of advertisement of such a nature or in such a manner as to be likely to be a source of danger or to cause obstruction to traffic.

18

The lighting and guarding of street works.

19

The erection or placing or the removal of any works or objects likely to hinder the free circulation of traffic in any street, or likely to occasion danger to passengers or vehicles.

20

Queues of persons waiting in streets.

21

Priority of entry to public vehicles.

22

For enabling any police, local or other public authority, in the event of any person failing to do anything which under the order he ought to have done, to do such act, and to recover the expenses thereof from the person so in default summarily as a civil debt.

SCHEDULE 2

1

Prescribing the routes to be followed by traffic from one specified point to another.

2

Prescribing streets which are not to be used for traffic.

3

Regulating the relative position in the roadway of traffic of differing speeds or types.

4

Prescribing the places where vehicles may not turn so as to face in the opposite direction to that in which they were proceeding, or where they may only so turn under prescribed conditions.

5

Prescribing the conditions subject to which and the times at which articles may be loaded on to or unloaded from vehicles on streets.

6

Prescribing the conditions subject to which and the times at which vehicles delivering or collecting goods or merchandise, or goods or merchandise of any particular class or classes, may stand in streets.

7

Prescribing rules as to precedence to be observed as between vehicles proceeding in the same direction, in opposite directions or when crossing.

8

Making provision as to vehicles when unattended.

9

Making provision as to places in streets where vehicles may, or may not, wait.

10

Making provision as to cab ranks and ranks and stopping places of omnibuses and other public conveyances.

SCHEDULES 7, 8.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1

(1) Subject to the provision of this Schedule, not less than seven days before making an order under subsection (1) or subsection (4) of the principal section the highway authority shall cause notice of their intention to make the order to be published in one or more newspapers circulating in the district in which the road or part of a road affected by the order is situate, and shall also within a period of seven days after making any such order cause a notice of the making of the order to be published in the like manner.

(2) Every such notice shall contain a statement of the effect of the order and, in so far as it relates to an order under subsection (1) of the principal section, shall also contain a description of the alternative route or routes available for traffic.

(3) Where the appropriate Minister gives his approval to an order under subsection (1) or subsection (4) of the principal section continuing in force for longer than the period limited by the principal section, the highway authority shall give such notice of the appropriate Minister's approval as may be directed by him.

2

So long as any order made under subsection (1) of the principal section is in force, a notice stating the effect of the order, and describing the alternative route or routes available for traffic, shall be kept posted in a conspicuous manner at each end of the part of the road to which the order relates, and at the points at which it will be necessary for vehicles or, as the case may be, foot passengers to diverge from the road.

3

(1) A notice issued under subsection (2) of the principal section shall describe the alternative route or routes available for traffic, and shall be kept posted in accordance with the provisions of paragraph 2 above.

(2) Where such a notice has been posted, the highway authority may, before the expiration of the period for which the notice can continue in force, proceed to make an order under subsection (1) of the principal section with respect to the same road or part of a road without causing notice of their intention to make the order to be published in any newspaper.

SCHEDULE 5

INTERPRETATION AND APPLICATION

13

A vehicle falling within two or more classes specified in this Schedule shall be treated as falling within that class for which the lowest limit of speed is specified.

14

(1) In this Schedule " dual-purpose vehicle " means a vehicle constructed or adapted for the carriage both of passengers and of goods or burden of any description being a vehicle of which the unladen weight does not exceed 2 tons and which either—

(a) satisfies the conditions as to construction specified in the following sub-paragraph ; or

(b) is so constructed or adapted that the driving power of the engine is, or by the appropriate use of the controls of the vehicle can be, transmitted to all the wheels of the vehicle.

(2) The conditions as to construction referred to in sub-paragraph (1) above are the following:—

(a) the vehicle must be permanently fitted with a rigid roof, with or without a sliding panel;

(b) the area of the vehicle to the rear of the driver's seat must—

(i) be permanently fitted with at least one row of transverse seats (fixed or folding) for two or more passengers and those seats must be properly sprung or cushioned and provided with upholstered backrests, attached either to the seats or to a side or the floor of the vehicle, and

(ii) be lit on each side and at the rear by a window or windows of glass or other transparent material having an area or aggregate area of not less than 2 square feet on each side and not less than 120 square inches at the rear;

(c) the distance between the rearmost part of the steering wheel and the backrests of the row of transverse seats satisfying the requirements specified in head (b)(i) of this sub-paragraph (or, if there is more than one such row of seats, the distance between the rearmost part of the steering wheel and the backrests of the rearmost such row) must, when the seats are ready for use, be not less than one-third of the distance between the rearmost part of the steering wheel and the rearmost part of the floor of the vehicle.

15

In this Schedule " load-carrying trailer " means a trailer, not being a living van or a glider trailer, which is constructed or adapted for use for the conveyance of goods or burden of any description.

16

In this Schedule " glider trailer " means a trailer—

(a) which is designed and constructed for carrying a glider or ancillary equipment,

(b) the unladen weight of which does not exceed 10 hundredweight, and

17

In this Schedule " articulated vehicle " means a vehicle which consists of a motor vehicle drawing a trailer where the trailer is so attached to the drawing vehicle that part of the trailer is superimposed upon the drawing vehicle, and when the trailer is uniformly loaded not less than 20 per cent. of the weight of its load is borne by the drawing vehicle.

18

In this Schedule, in relation to a vehicle (including a trailer)—

(a) " fitted with pneumatic tyres " means that every wheel of the vehicle is fitted with pneumatic tyres ;

(b) " fitted with resilient tyres " means that every wheel of the vehicle is fitted either with pneumatic tyres or with other soft or elastic tyres ; and

(i) is equipped with suitable and sufficient springs between each wheel and the frame of the vehicle, and

(ii) unless adequate protection is afforded by the body of the vehicle, is provided with wings or other similar fittings to catch, so far as practicable, mud or water thrown up by the rotation of the wheels.

19

In this Schedule " track-laying " means so designed and constructed that the weight is transmitted to the road surface either by means of continuous tracks or by a combination of wheels and continuous tracks, and " combined track-and-wheel vehicle " means a vehicle so designed and constructed that its weight is transmitted to the road surface by a combination of wheels and continuous tracks.

20

The conditions referred to in paragraphs 3(2) and 4(2) above are as follows:—

(a) the motor tractor, or, as the case may be, the locomotive, shall be equipped with an efficient braking system having two means of operation or with two efficient braking systems each having a separate means of operation, the system or systems being so designed and constructed that, notwithstanding the failure of any part (other than a fixed member or a brake shoe anchor pin) through or by means of which the force necessary to apply the brakes is transmitted, there is still available for application by the driver to not less than half the number of the wheels of the vehicle brakes sufficient under the most adverse conditions to bring it to rest within a reasonable distance ;

(b) the trailer shall be equipped with an efficient braking system so constructed—

(i) that when the trailer is being drawn the brakes are capable of being applied by the driver of the drawing vehicle to at least two of the wheels of a trailer having not more than four wheels and to at least four, but not less than half, of the wheels of a trailer having more than four wheels, and

(ii) that it is not rendered ineffective by the non-rotation of the engine of the drawing vehicle ;

(c) the weight transmitted to the road surface by any one wheel of the locomotive, where no other wheel is in the same line transversely, shall not exceed 4½ tons, the total weight so transmitted by any two wheels in line transversely shall not exceed 9 tons and the sum of the weights so transmitted by all the wheels shall not exceed—

(i) in the case of a vehicle having not more than four wheels, 14 tons,

(ii) in the case of a vehicle having more than four but not more than six wheels, 20 tons, and

(iii) in the case of a vehicle having more than six wheels, 24 tons;

(d) the weight transmitted by the locomotive (whether laden or unladen) to any strip of the surface of a road on which it rests contained between any two parallel lines drawn 2 feet apart on that surface at right angles to the longitudinal axis of the vehicle shall not exceed 11 tons ; and

(e) the maximum laden weight of the locomotive and trailer shall not exceed 22 tons or, if the trailer is fitted with power-assisted brakes which can be operated by the driver of the drawing vehicle and are not rendered ineffective by the non-rotation of its engine, and if that vehicle is equipped with a warning device so placed as to be readily visible to the driver when in the driving seat of the vehicle in order to indicate an impending failure or deficiency in the vacuum or pressure system, 32 tons.

21

For the purposes of this Schedule measuring or testing apparatus, and any ballast necessary in connection therewith, drawn upon one wheel by a vehicle, when used solely for or in connection with testing or measurement purposes, shall not, if the wheel is fitted with a pneumatic tyre and does not transmit to the road surface a weight exceeding 2 hundredweight, be treated as a trailer.

22

For the purposes of paragraphs 20 and 21 above, two wheels of a vehicle shall be regarded as one wheel if the distance between the centres of their respective areas of contact with the road is less than 18 inches.

23

A heavy motor car or motor car drawing a trailer and being used as a public service vehicle or as a goods vehicle shall be treated as not drawing a trailer if the trailer is used solely for the carriage of a container or containers for holding, or plant and materials for producing, for the purpose of the propulsion of the drawing vehicle, any fuel that is wholly gaseous at 60 degrees Fahrenheit under pressure of 30 inches of mercury.

24

(1) Paragraphs 1 to 4 above do not apply to, and paragraphs 5 to 12 above apply only to, track-laying vehicles and vehicles drawing track-laying trailers or trailers some of which are track-laying.

(2) Paragraphs 1 to 12 above do not apply to vehicles for the time being used in the conduct of experiments or trials under section 6 of the Roads Improvement Act 1925 or section 249 of the Highways Act 1959.

SCHEDULE 6

THE CIVIL DEFENCE ACT 1939

THE LOCAL GOVERNMENT (SCOTLAND) ACT 1947

THE ROAD TRANSPORT LIGHTING ACT 1957

THE ROAD TRAFFIC ACT 1960

THE ROAD TRAFFIC ACT 1962

THE LONDON GOVERNMENT ACT 1963

THE ROAD SAFETY ACT 1967

THE CIVIIC AMENITIES ACT 1967

SCHEDULE 7

PART I — Enactments Repealed

PART II — Regulations and Order Revoked

SCHEDULE 8

1

In so far as any order, regulation, rule, scheme, byelaw, advance, agreement, application, arrangement, determination, objection or specification, made or having effect as if made, authorisation or permit granted or having effect as if granted, approval, consent, designation, direction or notice issued, given or delivered or having effect as if issued, given or delivered, condition, prohibition or requirement imposed pr attached or having effect as if imposed or attached, or other thing done or having effect as if done, under an enactment repealed by this Act could have been made, granted issued, given, delivered, imposed, attached or done under a corresponding provision of this Act, it shall not be invalidated by the repeal effected by section 110 of this Act, but shall have effect as if made, granted, issued, given, delivered, imposed, attached or done under that corresponding provision.

2

Where any enactment or document refers, whether specifically or by means of a general description, to an enactment repealed by or reproduced in this Act or is to be construed as so referring, the reference shall, except where the context otherwise requires, be construed as, or as including, a reference to the corresponding provision of this Act.

3

Without prejudice to paragraph 1 above, 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.

4

For the purpose of determining the punishment (by fine, imprisonment or both) which may be imposed on a person in respect of the commission by him of an offence under any provision of this Act, an offence committed by that person under the corresponding enactment repealed by this Act or by the Road Traffic Act 1960 shall be deemed to have been committed under that provision.

5

Without prejudice to the generality of the foregoing provisions of this Schedule, anything done by the Minister as respects Wales and Monmouthshire before the coming into operation of the Secretary of State for Wales and Minister of Land and Natural Resources Order 1965, 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 Schedule 7 to this Act relate, shall continue to have effect as if done by the Secretary of State.

6

Any byelaw made under section 104 of the Roads and Bridges (Scotland) Act 1878 or paragraph (1) or (3) of section 385 of the Burgh Police (Scotland) Act 1892 which is in force at the commencement of this Act shall continue in force and have effect as if it were an order made under section 1 of this Act.

7

References in any order made by the Minister under section 7(4) of the Roads Act 1920 to heavy motor cars or to locomotives shall be construed respectively as references to heavy motor cars as defined by this Act and to heavy locomotives and light locomotives as so defined.

8

Any byelaws or regulations in force at the commencement of this Act, being byelaws or regulations which were in force by virtue of section 81 of the Road Traffic Act 1960 on 20th March 1961 or were afterwards made or confirmed by virtue of section 11(16) of the Road Traffic and Roads Improvement Act 1960 as byelaws or regulations under the said section 81, shall have effect as if their provisions had been contained in an order under section 31(1) of this Act.

9

The repeal by this Act of any provision of the Road Traffic and Roads Improvement Act 1960 and section 29 of the Road Traffic Act 1962 shall not affect any order made by virtue of section 86 or 87 of the Road Traffic Act 1960 before 1st January 1963, or the operation of the said sections 86 and 87 or of the Road Traffic and Roads Improvement Act 1960 in relation to any order made under section 85 of the Road Traffic Act 1960 before that date, so, however, that an order made before that date under the said section 85, 86 or 87 may be varied or revoked by an order under section 36 or 37 of this Act.

10

A direction in an order made under section 1 of the Road Traffic Act 1934 and in force at the commencement of this Act that a length of road is to be deemed to be, or not to be, a road in a built-up area shall have effect as if it were a direction that that length of road is to become, or (as the case may be) to cease to be, a restricted road for the purposes of section 71 of this Act, and any reference in any Act or in an instrument (other than such an order as aforesaid) made under an enactment repealed by the Road Traffic Act 1960 and in force as aforesaid to a road in a built-up area shall be construed as referring to such a restricted road as aforesaid.

11

(1) Any road which immediately before the relevant date was classified under section 17 of the Ministry of Transport Act 1919 in Class I, II or III shall, until the appropriate Minister otherwise directs, be treated as classified under section 27(2) of the Local Government Act 1966 or section 28(2) of the Local Government (Scotland) Act 1966, as the case may be, as a classified road for the purposes of sections 21(7), 72 and 76 of this Act.

(2) In this paragraph—

" the appropriate Minister " means, in relation to England exclusive of Monmouthshire, the Minister, in relation to Wales and Monmouthshire, the Secretary of State for Wales and, in relation to Scotland, the Secretary of State ;

" the relevant date " means, in relation to a road in England or Wales, 1st April 1967 and, in relation to a road in Scotland, 16th May 1967.

12

Any limit of speed which was in force on 1st November 1962 by virtue of any direction, order or regulation under section 19(2), 26 or 34 of the Road Traffic Act 1960 and which, by virtue of section 11(6) of the Road Traffic Act 1962, was deemed to have been imposed by an order under section 11(1) of the last-mentioned Act made by the authority who gave the direction or made the order or regulation, shall, if that limit is in force at the commencement of this Act, be deemed to have been imposed by an order under section 74(1) of this Act made by that authority, and may be revoked or varied accordingly.

13

Section 249 of the Road Traffic Act 1960 (general provisions as to inquiries) shall apply in relation to any inquiry proceeding at the commencement of this Act, being an inquiry ordered under any provision of an enactment repealed by this Act, as it would have applied if this Act had not passed.

14

Any order made or having effect as if made by any Minister under this Act as originally enacted, being an order made under a power which, apart from section 84A(2) of this Act, is as a result of the provisions of Part IX of the Transport Act 1968 no longer exercisable by that Minister, shall continue in force as if made by virtue of the said section 84A(2) in exercise of the power of the Greater London Council or some other local authority to make an order for the like purpose after that date conferred on that Council or other authority by this Act as amended by the said Part IX.

15

Where any provision of this Act as originally enacted which conferred a power to make orders is repealed by the Transport Act 1968, any order made or having effect as if made in pursuance of that power and in force immediately before the date of the repeal shall continue in force as if made in pursuance of the corresponding power conferred by this Act as amended by that Act.

16

Subject to paragraph 17 of this Schedule, anything begun or falling to be treated as having been begun under this Act before the date of the coming into force of, or of any relevant instrument made under, any relevant provision of Part IX of the Transport Act 1968, so far as not completed before that date, may be continued and completed in accordance as nearly as may be with the provisions of, or of any relevant instrument made under, this Act as amended by any relevant provision of that Act.

17

(1) Where an order under any provision of this Act as originally enacted does, but the like order under that provision as amended by the Transport Act 1968 does not, require the confirmation or consent of the appropriate Minister, and at the date when that amendment comes into force—

(a) an application has been made to the appropriate Minister for his confirmation, or, as the case may be, for his consent to the making, of such an order ; or

(b) notice of a proposal to make such an order has been published stating that objections may be made to the appropriate Minister,

and in either case that Minister has not yet given or refused his confirmation of or consent to the order, then, without prejudice to the right of the authority so submitting the order or proposals to withdraw their application for that Minister's confirmation or consent, that order shall not be brought into force or, as the case may be, made except with the consent of that Minister.

(2) The appropriate Minister may make regulations as respects any order requiring his consent under this paragraph for any of the like purposes as those for which regulations are required or authorised to be made under section 84C(2) or (4) of this Act and for regulating the procedure to be followed in connection with any such withdrawal of an application as aforesaid and subsection (4) of section 84B of this Act shall apply to any order submitted to the appropriate Minister for his consent under this paragraph as it applies to an order so submitted under that section.

(3) In relation to an order under section 15 or 33 of this Act, references in this paragraph to the appropriate Minister shall, notwithstanding anything in section 104(1) or section 108 of this Act, be construed as references to the Minister of Transport.

18

Where any order made or having effect as if made under section 35 or 36 of this Act includes any provision made by virtue of section 26 of the Greater London Council (General Powers) Act 1967, that provision shall continue to have effect as if made by virtue of the said sections 35 and 36 as amended by section 127 of the Transport Act 1968.

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THE ROAD TRAFFIC ACT 1960

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