Road Traffic Act 1972

Section 41 of the Thames Embankment Act 1862 shall not apply to motor tractors, heavy motor cars, motor cars, motor cycles or invalid carriages, but save as aforesaid nothing in this Act shall affect the provisions of that section.

Protection of public interests

202

It is hereby declared that nothing in Part IV of this Act is to be treated as conferring on the holder of a licence granted under that Part any right to the continuance of any benefits arising from, or from a licence granted under, that Part, or from any conditions attached to any such licence.

Consequential and other amendments of other Acts

203

• (1) The enactments specified in Schedule 7 to this Act shall have effect subject to the amendments respectively specified in relation thereto in that Schedule.

• (2) There shall be inserted after section 78 of the Road Traffic Regulation Act 1967 the following section—

(78A) (1) A person convicted of an offence of driving a motor vehicle on a road at a speed exceeding a limit imposed by or under any enactment mentioned in subsection (3) below shall be liable on summary conviction to a fine not exceeding £50. (2) A person prosecuted for such an offence as aforesaid shall not be liable to be convicted solely on the evidence of one witness to the effect that in the opinion of the witness the person prosecuted was driving the vehicle at a speed exceeding a specified limit. (3) The enactments referred to in subsection (1) above are— (a) any enactment contained in this Act; (b) section 2 of the Parks Regulation (Amendment) Act 1926; (c) any enactment passed after the commencement of the Road Traffic Act 1960. (4) If a person who employs other persons to drive motor vehicles on roads publishes or issues any time-table or schedule, or gives any directions, under which any journey or any stage or part of any journey is to be completed within some specified time, and it is not practicable in the circumstances of the case for that journey or that stage or part of the journey to be completed in the specified time without the commission of such an offence as is mentioned in subsection (1) above, the publication or issue of the said time-table or schedule or the giving of the directions may be produced as prima facie evidence that the employer, as the case may be, procured or incited the persons employed by him to drive the vehicles to commit such offence as aforesaid.

Transitory modifications of this Act

204

• (1) This Act shall have effect subject to the modifications specified in Schedule 8 to this Act.

• (2) The modifications so specified shall cease to have effect on such day as the Secretary of State may by order made by statutory instrument appoint; and the Secretary of State may prescribe different days for different modifications specified in that Schedule to cease to have effect and different days for the modifications specified in paragraph 3 of that Schedule to cease to have effect in respect of different classes of vehicles to which those modifications apply, or may postpone or defer the cesser of those modifications in respect of any particular class of those vehicles.

General repeals, revocations, savings and transitional provisions

205

• (1) The enactments specified in Part I of Schedule 9 to this Act are hereby repealed to the extent specified in the third column of that Part of that Schedule, and the orders specified in Part II of that Schedule are hereby revoked to the extent specified in the third column of that Schedule.

• (2) The saving and transitional provisions contained in Schedule 10 to this Act shall have effect.

Saving for s.38 of Interpretation Act 1889

206

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

207

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.

Commencement

208

This Act shall come into operation on 1st July 1972.

Short title and extent

209

• (1) This Act may be cited as the Road Traffic Act 1972.

• (2) This Act, except section 63 and except as provided by section 189, does not extend to Northern Ireland.

SCHEDULE 1

1

• (1) A person against whom proceedings are brought in England or Wales for an offence under section 33 of this Act (hereinafter referred to as " the principal section ") shall, upon information duly laid by him and on giving to the prosecution not less than three clear days' notice of his intention, be entitled to have any person to whose act or default he alleges that the contravention of that section was due brought before the court in the proceedings; and if, after the contravention has been proved, the original accused proves that the contravention was due to the act or default of that other person, that other person may be convicted of the offence, and, if the original accused further proves that he has used all due diligence to secure that that section was complied with, he shall be acquitted of the offence.

• (2) Where an accused seeks to avail himself of the provisions of sub-paragraph (1) above—

• (a) the prosecution, as well as the person whom the accused charges with the offence, shall have the right to cross-examine him, if he gives evidence, and any witness called by him in support of his pleas, and to call rebutting evidence;

• (b) the court may make such order as it thinks fit for the payment of costs by any party to the proceedings to any other party thereto.

• (3) Where it appears that an offence under the principal section has been committed in respect of which proceedings might be taken in England or Wales against some person (hereinafter referred to as " the original offender"), and a person proposing to take proceedings in respect of the offence is reasonably satisfied that the offence of which complaint is made was due to an act or default of some other person, being an act or default which took place in England or Wales, and that the original offender could establish a defence under sub-paragraph (1) above, the proceedings may be taken against that other person without proceedings' first being taken against the original offender.

In any such proceedings the accused may be charged with, and on proof that the contravention was due to his act or default be convicted of, the offence with which the original offender might have been charged.

2

• (1) Where proceedings are brought in England or Wales against a person (hereafter in this paragraph referred to as " the accused ") in respect of a contravention of the principal section, and it is proved—

• (a) that the contravention was due to the act or default of some other person, being an act or default which took place in Scotland, and

• (b) that the accused used all due diligence to secure compliance with that section,

the accused shall, subject to the provisions of this paragraph, be acquitted of the offence.

• (2) The accused shall not be entitled to be acquitted under this paragraph unless within seven days from the date of the service of the summons on him he has given notice in writing to the prosecution of his intention to rely upon the provisions of this paragraph, specifying the name and address of the person to whose act or default he alleges that the contravention was due, and has sent a like notice to that person.

• (3) The person specified in a notice served under this paragraph shall be entitled to appear at the hearing and to give evidence, and the court may, if it thinks fit, adjourn the hearing to enable him to do so.

• (4) Where it is proved that the contravention of the principal section was due to the act or default of some person other than the accused, being an act or default which took place in Scotland, the court shall (whether or not the accused is acquitted) cause notice of the proceedings to be sent to the Secretary of State.

3

• (1) Where a contravention of the principal section committed by a person in Scotland was due to an act or default of any other person, being an act or default which took place in Scotland, then, whether proceedings are or are not taken against the first-mentioned person, that other person may be charged with and convicted of the contravention and shall be liable on conviction to the same punishment as might have been inflicted on the first-mentioned person if he had been convicted of the contravention.

• (2) Where a person who is charged in Scotland with a contravention of the principal section proves to the satisfaction of the court that he has used all due diligence to secure that the provision in question was complied with and that the contravention was due to the act or default of some other person, the first-mentioned person shall be acquitted of the contravention.

4

• (1) Subject to the provisions of this paragraph, in any proceedings (whether in England or Wales or Scotland) for an offence under the principal section it shall be a defence for the accused to prove—

• (a) that he purchased the helmet in question as being of a type which under the principal section could be lawfully sold or offered for sale, and with a written warranty to that effect, and

• (b) that he had no reason to believe at the time of the commission of the alleged offence that it was not of such a type, and

• (c) that it was then in the same state as when he purchased it.

• (2) A warranty shall only be a defence in any such proceedings if—

• (a) the accused—

• (i) has, not later than three clear days before the date of the hearing, sent to the prosecutor a copy of the warranty with a notice stating that he intends to rely on it and specifying the name and address of the person from whom he received it, and

• (ii) has also sent a like notice of his intention to that person, and

• (b) in the case of a warranty given by a person resident outside the United Kingdom, the accused proves that he had taken reasonable steps to ascertain, and did in fact believe in, the accuracy of the statement contained therein.

• (3) Where the accused is a servant of the person who purchased the helmet in question under a warranty, he shall be entitled to rely on the provisions of this paragraph in the same way as his employer would have been entitled to do if he had been the accused.

• (4) The person by whom the warranty is alleged to have been given shall be entitled to appear at the hearing and to give evidence, and the court may, if it thinks fit, adjourn the hearing to enable him to do so.

5

• (1) An accused who in any proceedings for an offence under the principal section wilfully applies to a helmet a warranty not given in relation to that helmet shall be guilty of an offence.

• (2) A person who, in respect of a helmet sold by him, being a helmet in respect of which a wararnty might be pleaded under paragraph 4 above, gives to the purchaser a false warranty in writing, shall be guilty of an offence, unless he proves that when he gave the warranty he had reason to believe that the statements or description contained therein were accurate.

• (3) Where the accused in a prosecution for an offence under the principal section relies successfully on a warranty given to him or to his employer, any proceedings under sub-paragraph (2) above in respect of the warranty may, at the option of the prosecutor, be taken either before a court having jurisdiction in the place where the helmet, or any of the helmets, to which the warranty relates was procured, or before a court having jurisdiction in the place where the warranty was given.

SCHEDULE 2

1

• (1) Where arrangements made by a local authority under section 38(2) of this Act include the setting up of a road safety committee, then if the committee is designated for the purposes of this Schedule by or under regulations made under section 117 of the Local Government Act 1948 (which provides for the making of regulations for administering the provisions of Part VI of that Act as to the payment of allowances) the following provisions shall have effect.

• (2) Attendance as a representative of the road safety committee, or of a local or other authority, at a conference or meeting relating to road safety and designated by or under such regulations as aforesaid shall, subject to any conditions or restrictions prescribed by such regulations, be an approved duty for the purposes of the said Part VI.

• (3) A member of the road safety committee who is not, and apart from this paragraph is not for the purposes of the said Part VI to be deemed to be, a member of a local or other authority shall, in relation to any such attendance as is mentioned in sub-paragraph (2) above, be treated for the said purposes as a member of such local or other authority concerned with the setting up of the committee as may agree so to treat him or as the Secretary of State may determine.

2

Expenditure incurred by a local or other authority in the payment of travelling allowances or subsistence allowances in respect of attendances which are approved duties by virtue of paragraph 1(2) above shall be treated for the purposes of section 38(2) of this Act as part of the cost of the arrangements under which the road safety committee was set up.

3

In this Schedule " local or other authority " means a body to which Part VI of the Local Government Act 1948 applies and " road safety committee" means a committee or other body set up to act for the purposes of section 38 of this Act.

SCHEDULE 3

1

Where the driver is the owner of the vehicle, he may at the time of electing that the test shall be deferred specify a period of seven days within which the deferred test is to take place, being a period falling within the next thirty days, disregarding any day on which the vehicle is outside Great Britain, and may at that time require that the deferred test shall take place on premises then specified by him where the test can conveniently be carried out or that it shall take place in such area in England or Wales, being a county borough or county district or Greater London, or such area in Scotland, being a county or burgh, as he may specify at the said time.

2

Where the driver is not the owner of the vehicle, he shall inform the examiner of the name and address of the owner of the vehicle and the owner shall be afforded an opportunity of specifying such a period, and such premises or area, as aforesaid.

3

• (1) Where under the foregoing provisions of this Schedule a period has been specified within which the deferred test is to be carried out, the time for carrying it out shall be such time within that period as may be notified, being a time not earlier than two days after the giving of the notification.

• (2) Where no such period has been specifier as aforesaid, the time for the carrying out of the deferred test shall be such time as may be notified, being a time not earlier than seven days after the giving of the notification.

• (3) Where premises have been specified under the foregoing provisions of this Schedule for the carrying out of the deferred test, and the test can conveniently be carried out on those premises, it shall be carried out there.

• (4) Where sub-paragraph (3) above does not apply, the place for carrying out the deferred test shall be such place as may be notified with the notification of the time for the carrying out of the test, and where an area has been specified as aforesaid the place shall be a place in that area.

• (5) Notwithstanding the foregoing provisions of this paragraph, the time and place for the carrying out of the deferred test may be varied by agreement between an authorised examiner and the owner of the vehicle.

• (6) In this paragraph " notified " means notified in writing to the owner of the vehicle on behalf of the Secretary of State, and " notification " shall be construed accordingly; and any notification under this paragraph may be given by post.

4

It shall be the duty of the owner of the vehicle to produce it, or secure its production, at the time and place fixed for the carrying out of the deferred test.

5

References in this Schedule to the owner of a vehicle are references to the owner thereof at the time at which the election is made under section 53(3) of this Act that the test should be deferred, and for the purposes of this Schedule—

• (a) if at that time the vehicle is in the possession of a person under a hire-purchase agreement or hiring agreement and the case is not one falling within the following sub-paragraph, that person,

• (b) if at that time the vehicle is being used under an' international circulation permit, the person to whom the permit was issued,

shall be deemed to be the owner of the vehicle to the exclusion of any other person.

SCHEDULE 4

PART I

Offences under this Act

PART II

Other Offence Involving Obligatory Disqualification and Endorsement

Manslaughter or, in Scotland, culpable homicide by the driver of a motor vehicle.

PART III

Other Offences Involving Discretionary Disqualification and Obligatory Endorsement

1

Stealing or attempting to steal a motor vehicle.

2

An offence, or attempt to commit an offence, in respect of a motor vehicle under section 12 of the Theft Act 1968 (taking conveyance without consent of owner etc. or, knowing it has been so taken, driving it or allowing oneself to be carried in it).

3

An offence under section 25 of the Theft Act 1968 (going equipped for stealing, etc.) committed with reference to the theft or taking of motor vehicles.

4

An offence under section 13(4) of the Road Traffic Regulation Act 1967 (contravention of traffic regulations on special roads) committed in respect of a motor vehicle otherwise than by unlawfully stopping or allowing the vehicle to remain at rest on a part of a special road on which vehicles are in certain circumstances permitted to remain at rest.

5

An offence under section 23(5) of the Road Traffic Regulation Act 1967 (contravention of pedestrian crossing regulations) committed in respect of a motor vehicle.

6

An offence under section 25(2) of the Road Traffic Regulation Act 1967 (failure to obey sign exhibited by school crossing patrol) committed in respect of a motor vehicle.

7

An offence under section 26(6) or 26A(5) of the Road Traffic Regulation Act 1967 (contravention of order prohibiting or restricting use of street playground by vehicles) committed in respect of a motor vehicle.

8

An offence punishable by virtue of section 78A of the Road Traffic Regulation Act 1967 (speeding offences under that and other Acts).

PART IV

Supplementary provisions as to prosecution, trial and punishment of offences

1

Upon the trial of a person who is indicted for culpable homicide in Scotland in connection with the driving of a motor vehicle by him, it shall be lawful for the jury, if they are satisfied that he is guilty of an offence under section 2, to find him guilty of that offence.

2

If upon the trial in Scotland of a person for an offence under section 1 the jury are not satisfied that his driving was the cause of the death, but are satisfied that he is guilty of driving as mentioned in section 2, it shall be lawful for them to convict him of an offence under section 2.

3

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, 2, 5, 6 or 9 may, notwithstanding the direction aforesaid, be so libelled and may be tried accordingly.

4

Where a person is charged in England or Wales before a magistrates' court with an offence under section 2 or with an offence under section 17, and the court is of opinion that the offence is not proved, then, at any time during the hearing or immediately thereafter the court may, without prejudice to any other powers possessed by the court, direct or allow a charge for an offence under section 3 or, as the case may be, section 18 to be preferred forthwith against the defendant and may thereupon proceed with that charge, so however that he or his solicitor or counsel shall be informed of the new charge and be given an opportunity, whether by way of cross-examining any witness whose evidence has already been given against the defendant or otherwise, of answering the new charge, and the court shall, if it considers that the defendant is prejudiced in his defence by reason of the new charge's being so preferred, adjourn the hearing.

5

Where a person is prosecuted on indictment in England or Wales for an offence to which section 179 does not apply, section 179(2) shall not be taken to prejudice any power of the jury on the charge for that offence, if they find him not guilty of it, to find him guilty of an offence against section 2.

6

In Scotland a person may be convicted of an offence against section 2 by virtue of paragraph 1 or 2 above notwithstanding that the requirement of section 179(2) has not been satisfied as respects that offence.

7

A person may be convicted of an offence against section 3 or 18 notwithstanding that the requirement of section 179(2) has not been satisfied as respects that offence where—

• (a) the charge for the offence has been preferred against him by virtue of paragraph 4 above, and

• (b) the said requirement has been satisfied, or does not apply, as respects the alleged offence against section 2 or, as the case may be, section 17.

8

If on the trial of an indictment in Scotland for stealing a motor vehicle the jury are of the opinion that the accused was not guilty of stealing the motor vehicle but was guilty of an offence under section 175, the jury may find him guilty of an offence under the said section 175 and thereupon he shall be liable to be punished accordingly.

PART V

Interpretation

1

For the purposes of the entries in Part I of this Schedule relating to an offence under section 5(1), 6(1) or 9(3) "the relevant time" means—

• (a) in relation to a person required under section 8(1) to provide a specimen of breath for a breath test, the time when he was so required ;

• (b) in relation to a person required under section 8(2) to provide such a specimen, the time of the accident;

• (c) in relation to a person arrested under section 5(5), the time of his arrest.

2

" Construction and use requirement" has the same meaning for the purposes of this Schedule as it has for the purposes of Part II of this Act.

SCHEDULE 5

1

On the first application for a heavy goods vehicle driver's licence by a person who satisfies the licensing authority that in the course of the year ending on 1st February 1970 he had been during any period or periods of, or amounting in the aggregate to, six months, in the habit of driving a heavy goods vehicle, and on payment of the fee prescribed for the purposes of section 120 of this Act, the licensing authority shall grant the licence, and the provisions of section 114(1) of this Act shall not apply in relation to such an application

2

The reference in paragraph 1 above to the driving of a heavy goods vehicle does not include a reference to the driving of such a vehicle of a prescribed class or of such a vehicle while it is being used in prescribed circumstances.

3

A person shall not be entitled to a licence to drive a vehicle of any class under paragraph 1 above unless during the period or periods mentioned in that paragraph he has held a licence under Part II of the Road Traffic Act 1960 (other than a provisional licence) to drive vehicles of that class.

4

The Secretary of State may by regulations restrict the class of vehicles for the driving of which a licence is to be granted under paragraph 1 above by reference to the class of vehicle which the applicant for the licence was driving during the said period or periods.

5

Neither subsection (1) nor subsection (2) of section 112 of this Act shall have effect as respects—

• (a) the driving of a heavy goods vehicle of any class by a person who at the beginning of 2nd February 1970 was the holder of a licence granted under Part II of the Road Traffic Act 1960 (other than a provisional licence) authorising him to drive a heavy goods vehicle of that class, or

• (b) the employment to drive a heavy goods vehicle of any class of a person who at the beginning of 2nd February 1970 was the holder of such a licence authorising him to drive a heavy goods vehicle of that class,

so long as (in cither case) the licence in question remains in force.

6

With a view to spreading the work of granting heavy goods vehicle drivers' licences the licensing authority may, on an application for a licence made within the period ending with 30di June 1973 direct (hat any licence granted on the application, other than a licence issued as a provisional licence, shall, notwithstanding the provisions of section 115(1) of this Act, continue in force (unless previously revoked) during such period, being a period of not less than one nor more than three years from the date on which the licence is expressed to take effect, as the licensing authority may at the time of the granting of the licence determine.

SCHEDULE 6

1

On an appeal under section 132 of this Act, the Registrar shall be made respondent.

2

• (1) The Secretary of State shall refer every such appeal to a person, or two or three persons, appointed by him to hold an inquiry and report to him ; and the person or persons so appointed may be appointed either for the purposes of one particular inquiry, or of inquiries into any such appeal that may be made to the Secretary of State during such period as the Secretary of Stale may determine, and no person so appointed shall be an officer of the Secretary of State.

• (2) The Secretary of State may, for the purpose of any such inquiry, appoint up to three assessors to advise the person or persons holding it on matters arising out of it.

• (3) The Secretary of Slate shall, before making an order under the said section 132, consider any report made to him under this paragraph.

• (4) The Secretary of State shall, out of moneys provided by Parliament, pay to any person or persons holding inquiries under this paragraph and to any assessors appointed thereunder such fees and such expenses, if any, incurred by them as he may, with the approval of the Treasury, determine.

3

The Secretary of State may by rules made by statutory instrument make provision as to the procedure on an appeal under the said section 132, and in particular, but without prejudice to the generality of this paragraph, may by rules so made make provision—

• (a) prescribing the form and contents of the notice of appeal;

• (b) enabling a party to the appeal to appear at an inquiry held under this Schedule by counsel or a solicitor or any person of such other description, if any, as may be specified by the rules;

• (c) requiring proceedings on any such inquiry to be held in public, except in so far as may otherwise be provided by the rules;

• (d) defining the functions of any assessors appointed by the Secretary of State.

4

The Secretary of State may on an appeal under the said section 132 order the appellant to pay the whole, or part, of the costs incurred by the Secretary of State in connection with the appeal, or may direct that the whole, or part, of the costs of the appellant incurred in connection with the appeal shall be treated as part of the administrative expenses of the Secretary of State; and the Secretary of State may certify the amount of any such Costs, and any amount so certified and ordered to be paid by the appellant shall be recoverable from him as a debt due to the Crown.

5

Section 187 of this Act, in its application to an inquiry caused by the Secretary of State to be held under paragraph 2 above, shall have effect as if subsection (1)(d) were omitted.

SCHEDULE 7

The Roads and Bridges (Scotland) Act 1878

Schedule (C) shall have effect, in relation to a vehicle to which section 40(5) of this Act applies, as if in section XCVI (penalties for persons committing various nuisances on highways) the words " or more than one foot laterally beyond the wheel of such carriage ", and section CVIII, were omitted.

The Burgh Police (Scotland) Act 1892

Paragraph (50) of section 381 (which provides for the labelling of carriages and carts) shall not have effect in relation to vehicles to which section 40(5) of this Act applies.

The Local Government (Scotland) Act 1947

The following entry shall be added to Schedule 6:—

The Road Traffic Act 1960

For section 247(2) there shall be substituted—

The Administration of Justice Act 1965

In section 14(1) there shall be added at the end of paragraph (g) the words " or sections 144 or 146 of the Road Traffic Act 1972 ;" .

In section 14(5) there shall be added at the end of paragraph (g) the words " or section 152 of the Road Traffic Act 1972."

The Road Traffic Regulation Act 1967

In section 18(1) for the words "Part I of the Road Traffic Act 1960 " there shall be substituted the words " section 40 of the Road Traffic Act 1972."

In section 54(5) for the words "section 14 of the Road Traffic Act 1960 " there shall be substituted the words " section 22 of the Road Traffic Act 1972."

In section 57 for the words " section 12(3) of the Road Traffic Act 1960" there shall be substituted the words " section 20(4) of the Road Traffic Act 1972."

In section 58(2) for the words "Section 14 of the Road Traffic Act 1960 " there shall be substituted the words " Section 22 of the Road Traffic Act 1972."

In section 65(1) for the words "section 10(1)(c) of the Road Transport Lighting Act 1957 " there shall be substituted the words " section 78(1)(c) of the Road Traffic Act 1972" .

In section 80(1)(a) for the words " (as defined by the Road Transport Lighting Act 1957)" there shall be substituted the words " (as defined by section 82 of the Road Traffic Act 1972)" .

In section 80(1)(e) for the words " section 64(2) of the Road Traffic Act 1960 " there shall be substituted the words " section 40(5) of the Road Traffic Act 1972" and for the words " offence specified in Part II of Schedule 1 to the Road Traffic Act 1962 (which relates to offences involving disqualification)" there shall be substituted the words " offence involving discretionary disqualification within the meaning of Part III of the Road Traffic Act 1972 " .

In section 81(4A)(c) for the words " in the Road Traffic Act 1960 " there shall be substituted the words " in the Road Traffic Act 1972 " and for the words " sections 14 and 15 ", " section 223 ", " section 225(1) and (4)", " sections 226 and 229 " and " section 242 " there shall be substituted the words " sections 22 and 23 ", "section 159 ", "section 161(1) and (4)", "sections 162 and 165" and "section 181 " respectively.

In section 81(4B) for the words "Road Traffic Act 1960, namely sections 223, 225(1) and (4) and 226 " there shall be substituted the words " Road Traffic Act 1972, namely sections 159, 161(1) and (4) and 162 " and for the words "section 226" and " section 223 " there shall be substituted the words " section 162 " and " section 159 " respectively.

In section 89(4) after the words " section 242 of the Road Traffic Act 1960 " there shall be inserted the words " or section 181 of the Road Traffic Act 1972" .

In section 93(1) for the words "section 1, section 2 or section 6 of the Road Traffic Act 1960 " there shall be substituted the words " section 1, section 2 or section 5 of the Road Traffic Act 1972" .

In section 103(1)(b) for the words "section 10(5) of the Road Transport Lighting Act 1957 and of section 254 of the Road Traffic Act 1960" there shall be substituted the words " section 193 of the Road Traffic Act 1972 ".

The Criminal Justice Act 1967

In section 56(1)(a) after the words "section 5 of the Road Traffic Act 1962 " there shall be inserted the words " or section 93 of the Road Traffic Act 1972" .

In section 56(6) for the words " 5 and 7 of the Road Traffic Act 1962 " there shall be substituted the words " 93 and 101 of the Road Traffic Act 1972" .

In section 56(13) after the words "Part II of the Road Traffic Act 1960 " there shall be inserted the words " or Part III of the Road Traffic Act 1972 ;"

The Firearms Act 1968

In Schedule 2, for paragraph 17 there shall be substituted—

The Countryside Act 1968

In section 30(5) for the words "Road Traffic Act 1960" there shall be substituted the words " Road Traffic Act 1972 ".

The Transport Act 1968

In section 69(4), in paragraph (f) there shall be inserted after the words " 18 of the Road Safety Act 1967 " the words "or section 59 of the Road Traffic Act 1972 ", and in paragraph (h) there shall be inserted after the words " Road Safety Act 1967 " the words "or' section 57 of the Road Traffic Act 1972 ".

In section 82(8) for the words " Part IV of the Act of 1960 " there shall be substituted the words " section 56 of the Road Traffic Act 1972 " .

In section 92(5) for the words "section 259 of the Act of 1960" there shall be substituted the words " section 198 of the Road Traffic Act 1972" .

In section 99(8) for the words " Part IV of that Act" there shall be substituted the words " section 56 of the Road Traffic Act 1972 ".

After section 102 there shall be inserted the following section :—

In section 159(1), in the definition of " plated weight" there shall be substituted for the words from " section 64 " onwards the words "section 40 of the Road Traffic Act 1972 or required to be so marked by section 47 of that Act; ".

In Schedule 11, in the amendment of section 244 of the Road Traffic Act 1960 for the words '236 thereof there shall be substituted the words ' 235 thereof'.

The Chronically Sick and Disabled Persons Act 1970

In section 20(1), in paragraph (b) for the words from " Road Traffic Act 1960 " to " Road Safety Act 1967 " there shall be substituted the words " Road Traffic Regulation Act 1967 and the Road Traffic Act 1972 ", and in paragraph (c) for the words " Road Transport Lighting Act 1957 " there shall be substituted the words " sections 68 to 81 of the said Act of 1972. ".

The Vehicles (Excise) Act 1971

In section 2(1)(c), for the words " section 64(4) of the Road Traffic Act 1960 " there shall be substituted the words " section 42(1) of the Road Traffic Act 1972" .

In section 5(3), in the definition of " compulsory test " for the words "section 65 of the Road Traffic Act 1960" there shall be substituted the words " section 43 of the Road Traffic Act 1972" , for the words "section 14(9) of the Road Safety Act 1967 " there shall be substituted the words " section 52(2) of that Act ", for the words " section 9 or for the purposes of section 10 " there shall be substituted the words " section 45 or for the purposes of section 47 ", for the words " section 13(1)(a)" there shall be substituted the words " section 50(1)(a)" and for the words " section 12 " there shall be substituted the words " section 49" .

In section 5(3), in the definition of " the relevant certificate", there shall be substituted for the words " section 65 ", "section 9" and "section 10" the words "section 43", "section 45" and " section 47 " respectively.

In section 5(3), in the definition of " authorised person ", there shall be substituted for the words " section 65" the words " section 43 ".

In section 5(3), in the definition of " goods vehicle examiner", there shall be substitued for the words " 183 of the said Act of 1960" the words "56 of the Road Traffic Act 1972" and for the words " that Act " the words " the Road Traffic Act 1960 ".

In section 22(1), in proviso (b), there shall be substituted for the words from " section 4(1) of the Road Traffic (Amendment) Act 1967" to "a test certificate)" the words "section 44 of the Road Traffic Act 1972 applies by virtue of subsection (2)(b) thereof (vehicles manufactured before the prescribed period and used before registration)" and for the words from " section 65 " onwards there shall be substituted the words " section 43 of the said Act of 1972 (examinations for test certificates) in circumstances in which its use is exempted from the said section 44(1) by regulations under section 44(6) thereof. ".

SCHEDULE 8

1

Section 44 shall have effect as if subsection (3)(b) were omitted.

2

Sections 54 and 55 shall be omitted.

3

• (1) In relation to vehicles in respect of which section 2 of the Road Transport Lighting Act 1953 was not in force by virtue of the Road Transport Lighting Act 1953 (Commencment No. 1) Order 1954 on 31st August 1957, that is to say—

• (a) existing public service vehicles within the meaning of the said Order of 1954 and,

• (b) mechanically propelled vehicles or trailers within the meaning of the said Order of 1954 brought temporarily into Great Britain by persons resident outside the United Kingdom,

sections 68 to 77 of this Act shall have effect subject to the modifications mentioned in sub-paragraph (2) below.

• (2) The modifications referred to in sub-paragraph (1) above are—

• (a) in section 68(1)(b), for the words "two lamps, each" there shall be substituted the words " one lamp ";

• (b) in section 68(6), for the words "in a clean and efficient condition " there shall be substituted the words " in efficient condition ";

• (c) in section 73, subsection (1)(c) shall be omitted ;

• (d) in section 74, paragraph (b)(i) shall be omitted;

• (e) in section 77(1)0), for the words " lamps showing red lights " there shall be substituted the words " a lamp showing a red light

• (3) The power to make regulations conferred by section 73(1)(c) of this Act may, notwithstanding sub-paragraph (2)(c) above, be exercised, in relation to any vehicles as respects which for the time being the modifications specified in sub-paragraph (2) above have effect, at any time before those modifications cease to have effect in relation to those vehicles, but so that the regulations shall not come into force with respect to vehicles of any class before the modifications cease to have effect with respect to vehicles of that class.

4

Section 105 shall have effect as if—

• (a) in subsection (2) for the words from " may dispose of it as he thinks fit" onwards there were substituted the words " shall keep the licence until the disqualification has expired or been removed and the person entitled to the licence has made a demand in writing for its return to him "; and

• (b) in subsection (4) after the word " then " there were inserted the words " on the return to him of any licence held by him, or ".

5

Part VI of this Act shall have effect until 1st December 1972 as if there were added at the end of section 145(4) the following—

or; (c) liability in respect of the death of, or bodily injury to, persons being carried in or upon, or entering or getting on to or alighting from, the vehicle at the time of the occurrence of the event out of which the claims arise: Provided that paragraph (c) of this subsection shall not have effect in the case of a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment.

;

and as if section 148(3) were omitted.

SCHEDULE 9

PART I — Enactments Repealed

PART II — Orders Revoked

SCHEDULE 10

1

In so far as any order, regulation, rule, agreement, application, appointment, arrangement, declaration, determination, decision, nomination, request, specification or representation made or having effect as if made, authorisation or licence granted or having effect as if granted, approval, certificate, consent, designation, direction or notice issued, given or delivered or having effect as if issued, given or delivered, condition, prohibition or requirement imposed or 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 205(1) of this Act, but shall have effect as if made, granted, issued, given, delivered, imposed, attached or done under that corresponding provision.

2

Nothing in this Act shall affect the enactments repealed thereby in their operation in relation to offences committed before the commencement of this Act or to appeals against disqualifications by virtue of convictions for offences so committed or against orders made in consequence of such convictions.

3

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.

4

• (1) Without prejudice to paragraph 1 above, any reference in this Act (whether expressed or implied) to a thing done or made or falling to be done or made, or to a thing suffered, or to an event which has occurred, under or for the purposes of or by reference to a provision of this Act shall, in so far as the context permits, be construed as including a reference to the corresponding thing done or made or falling to be done or made, to the corresponding thing suffered or, as the case may be, to the corresponding event which occurred under, or for the purposes of, or by reference to, the corresponding provision of the enactments repealed by this Act.

• (2) Sub-paragraph (1) above shall not apply to any reference in this Act to a conviction.

5

For the purpose of determining—

• (a) 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; or

• (b) whether such an offence committed by a person involves obligatory disqualification for holding or obtaining a licence under Part III of this Act; or

• (c) the length of the period for which a person is to be ordered to be disqualified for holding or obtaining a licence under the said Part III,

an offence committed by that person under the corresponding enactment repealed by this Act or under an enactment repealed by the Road Traffic Act 1960 which by paragraph 5(1) of Schedule 19 to that Act is to be treated as having been committed under an enactment contained in that Act shall be deemed to have been committed under that provision ; and. in a case where such a determination depends upon whether that person has been previously convicted of an offence under any other provision of this Act. an offence committed by that person under an enactment so repealed which corresponds with an offence under that other provision of this Act shall be deemed to have been committed under that other provision.

6

Sections 95 and 99 of this Act shall apply to a person disqualified by an order of a court under the Motor Car Act 1903 for obtaining a licence under that Act as they apply to a person disqualified by an order of a court under Part III of this Act for holding or obtaining a licence under the said Part III.

7

• (1) Without prejudice to section 95 of this Act, any person who by an order of a court made before 15th July 1970 was, in pursuance of section 5(5) of the Road Traffic Act 1962, disqualified for holding or obtaining a licence to drive a motor vehicle granted under Part II of the Road Traffic Act 1960 for an additional period in consequence of a conviction of an offence under section 110(b) of the said Act of 1960 may apply for the removal of the disqualification to the court by which the order was made or, if there are in force two or more such orders disqualifying him for an additional period, he may apply for the removal of the disqualification to the court which made the last of the orders to expire ; and on any such application the court may, as it thinks proper, either by order remove the disqualification or all or any of the disqualications as from such date as may be specified in the order or refuse the application.

• (2) If under this paragraph a court orders a disqualification to be removed, the court shall cause particulars of the order to be endorsed on any licence to drive a motor vehicle granted to the applicant under Part II of the Road Traffic Act 1960, and the court shall, in any case, have power to order the applicant to pay the whole or any part of the costs of the application.

8

A licence to drive a motor vehicle which was in force by virtue of section 101 or 102 of the Road Traffic Act 1960 immediately before 1st June 1970 shall have effect thereafter as if duly granted in pursuance of section 101 of that Act as then replaced by section 14(1) of the Vehicle and Driving Licences Act 1969 on the day on which it was actually granted.

9

Any record kept under an enactment repealed by this Act shall be deemed to form part of the record kept under the corresponding provision of this Act.

10

Section 249 of the Road Traffic Act 1960 (general provision as to inquiries) shall apply in relation to an 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.

11

Nothing in section 154 or 155 of this Act or in the revocation by section 205 thereof of the last two orders specified in Part II of Schedule 9 to this Act shall be taken to increase the amount which any person is or becomes liable to pay in respect of an accident which occurred on or before 1st January 1969 (the date on which Correction An error appears in the first impression (April 1972) of this Act and the following correction has been incorporated into this reprint. Pages ii to ix inclusive, heading for "clause" read "section".