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Road Traffic (Drivers’ Ages And Hours Of Work) Act 1976

Current text a fecha 2004-07-22

Amendment of Road Traffic Act 1972 as to drivers' licences and the minimum age of drivers.

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Amendment of Transport Act 1968 about drivers' hours.

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  • “the domestic drivers’ hours code” has the meaning given by section 96(13) of this Act

“relevant Community provision” means any Community provision for the time being in force about the driving of road vehicles, whether directly applicable or not

;

but the Secretary of State may by regulations make such provision by way of substitution for or adaptation of the provisions of this Part, or supplemental or incidental to this Part, as he considers necessary or expedient to take account of the operation of any relevant Community provision. (1A) Regulations under subsection (1) above may in particular— (a) substitute different requirements for the requirements of the domestic drivers’ hours code or add to, make exceptions from or otherwise modify any of the requirements of that code; (b) apply to journeys and work to which no relevant Community provision applies; (c) include provisions as to the circumstances in which a period of driving or duty to which a relevant Community provision or the domestic drivers’ hours code applies is to be included or excluded in reckoning any period for purposes of the domestic drivers’ hours code or any relevant Community provision respectively; and (d) may contain such transitional, supplemental or consequential provisions as the Secretary of State thinks necessary or expedient

;

(13) In this Part of this Act “the domestic drivers’ hours code” means the provisions of subsections (1) to (6) of this section as for the time being in force (and in particular, as modified, added to or substituted by or under any instrument in force under section 95(1) of this Act or subsection (10) or (12) of this section)

;

(3A) No regulations shall be made under section 95(1) of this Act unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.

Extension of jurisdiction over offences about drivers' hours.

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For section 103(7) of the Transport Act 1968 (which confers jurisdiction over an offence about drivers’ hours on any court having jurisdiction in the place where the person charged with the offence is for the time being) there shall be substituted the following—

(7) A offence under this Part of this Act may be treated for the purpose of conferring jurisdiction on a court (but without pejudice to any jurisdiction it may have apart from this subsection) as having been committed in any of the following places, that is to say— (a) the place where the person charged with the offence was driving when evidence of the offence first came to the attention of a constable or vehicle examiner; (b) the place where that person resides or is or is believed to reside or be at the time when the proceedings are commenced; or (c) the place where at that time that person or, in the case of an employee-driver, that person’s employer or, in the case of an owner-driver, the person for whom he was driving, has his place or principal place of business or his operating centre for the vehicle in question. In this subsection “vehicle examiner” means an officer within the meaning of section 99 of this Act.

Citation, commencement and extent.

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SCHEDULE 1

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In section 84 of the Road Traffic Act 1972 (in this Schedule referred to as " the principal Act") the following amendments shall be made—

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In section 85(1) of the principal Act (conditions of entitlement to driving licences) after the words " as to provisional licences " there shall be inserted the words " and to the provisions of any regulations made by virtue of section 107(1)(f) of this Act " .

3

In section 88 of the principal Act, in subsection (3) (matters to be stated in driving licence), for paragraph (b), there shall be substituted—

(b) specify the restrictions on the driving of vehicles of any class in pursuance of the licence to which its holder is subject by virtue of the provisions of section 96 of this Act;

and in subsection (4) (restrictions on classes of vehicles which may be driven as if driven under a provisional licence), for paragraph (a), there shall be substituted—

(a) a vehicle of a class for the driving of which he could not, by reason of the provisions of section 96 of this Act, lawfully hold a licence, or

.

4

In section 107(1) of the principal Act (general power to make regulations about ordinary driving licences), there shall be inserted after paragraph (e) the following paragraphs—

(f) the effect of a change in the classification of motor vehicles for the purposes of this Part of this Act on licences then in force or issued or on the right to or the granting of licences thereafter; ". (g) the enabling of a person— (i) whose entitlement to the grant of a licence to drive a class of motor vehicle is preserved by regulations under paragraph (f) above, and (ii) who satisfies such conditions as may be prescribed to drive (and be employed in driving) that class of motor vehicle while he applies for the licence to be grained to him,

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In section 110 of the principal Act (definitions for purposes of provisions about ordinary driving licences) there shall be inserted in the appropriate places the following definitions—

  • ' agricultural tractor ' means a tractor used primarily for work on land in connection with agriculture

;

  • ' articulated goods vehicle' means a motor vehicle which is so constructed that a trailer designed to carry goods may by partial superimposition be attached thereto in such a manner as to cause a substantial part of the weight of the trailer to be borne by the motor vehicle, and ' articulated goods vehicle combination' means an articulated goods vehicle with a trailer so attached;

;

  • ' maximum gross weight', in relation to a motor vehicle or trailer, means the weight of the vehicle laden with the heaviest load which it is constructed or adapted to carry;

;

  • ' maximum train weight ', in relation to an articulated goods vehicle combination, means the weight of the combination laden with the heaviest load which it is constructed or adapted to carry;

;

  • ' medium-sized goods vehicle ' means a motor vehicle which is constructed or adapted to carry or to haul goods and is not adapted to carry more than 9 persons inclusive of the driver and the permissible maximum weight of which exceeds 3.5 but not 7.5 tonnes;

;

  • ' permissible maximum weight ', in relation to a goods vehicle (of whatever description), means— in the case of a motor vehicle which neither is an articulated goods vehicle nor is drawing a trailer, the relevant maximum weight of the vehicle; in the case of an articulated goods vehicle— when drawing only a semi-trailer, the relevant maximum train weight of the articulated goods vehicle combination; when drawing a trailer as well as a semi-trailer, the aggregate of the relevant maximum train weight of the articulated goods vehicle combination and the relevant maximum weight of the trailer; when drawing a trailer but not a semi-trailer, the aggregate of the relevant maximum weight of the articulated goods vehicle and the relevant maximum weight of the trailer; when drawing neither a semi-trailer nor a trailer, the relevant maximum weight of the vehicle; in the case of a motor vehicle (not being an articulated goods vehicle) which is drawing a trailer, the aggregate of the relevant maximum weight of the motor vehicle and the relevant maximum weight of the trailer ;

;

  • ' relevant maximum weight ', in relation to a motor vehicle or trailer, means— in the case of a vehicle to which regulations under section 45 of this Act apply which is required by regulations under section 40 of this Act to have a maximum gross weight for the vehicle marked on a plate issued by the Secretary of State under regulations under the said section 40, the maximum gross weight so marked on the vehicle; in the case of a vehicle which is required by regulations under section 40 of this Act to have a maximum gross weight for the vehicle marked on the vehicle and does not also have a maximum gross weight marked on it as mentioned in paragraph (a) above, the maximum gross weight marked on the vehicle; in the case of a, vehicle on which a maximum gross weight is marked by the same means as would be required by regulations under the said section 40 if those regulations applied to the vehicle, the maximum gross weight so marked on the vehicle; in the case of a vehicle on which a maximum gross weight is not marked as mentioned in paragraph (a), (b) or (c) above, the notional maximum gross weight of the vehicle, that is to say, such weight as is produced by multiplying the unladen weight of the vehicle by the number prescribed by the Secretary of State for the class of vehicle into which that vehicle falls;

;

  • ' relevant maximum train weight ', in relation to an articulated goods vehicle combination, means— in the case of an articulated goods vehicle to which regulations under section 45 of this Act apply which is required by regulations under section 40 of this Act to have a maximum train weight for the combination marked on a plate issued by the Secretary of State under regulations under the said section 40, the maximum train weight so marked on the motor vehicle; in the case of an articulated goods vehicle which is required by regulations under section 40 of this Act to have a maximum train weight for the combination marked on the vehicle and does not also have a maximum train weight marked on it as mentioned in paragraph (a) above, the maximum train weight marked on the motor vehicle; in the case of an articulated goods vehicle on which a maximum train weight is marked by the same means as would be required by regulations under section 40 of this Act if those regulations applied to the vehicle, the maximum train weight so marked on the motor vehicle; in the case of an articulated goods vehicle on which a maximum train weight is not marked as mentioned in paragraph (a), (b) or (c) above, the notional maximum gross weight of the combination, that is to say, such weight as is produced by multiplying the sum of the unladen weights of the motor vehicle and the semi-trailer by the number prescribed by the Secretary of State for the class of articulated goods vehicle combination into which that combination falls;

;

  • ' semi-trailer ', in relation to an articulated goods vehicle, means a trailer attached to it in the manner described in the definition of articulated goods vehicle;

;

  • ' small goods vehicle ' means a motor vehicle (other than a motor cycle or invalid carriage) which is constructed or adapted to carry or to haul goods and is not adapted to carry more than 9 persons inclusive of the driver and the permissible maximum weight of which does not exceed 3.5 tonnes;

;

  • ' small passenger vehicle ' means a motor vehicle (other than a motor cycle or invalid carriage) which is constructed solely to carry passengers and their effects and is adapted to carry not more than 9 persons inclusive of the driver;

.

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In section 111(1) of the principal Act, for the words " be employed in driving" there shall be substituted the words " for a person to cause or permit the holder of such a licence to drive " .

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In section 112 of the principal Act the following amendments shall be made—

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In section 114(1) of the principal Act (conditions precedent to grant of heavy goods vehicle drivers' licences), for the words from " Subject" to "Act" there shall be substituted the words " Subject to the provisions of any regulations made by virtue of section 119(1)(f) of this Act " .

9

In section 114(4) of the principal Act (offence of employing a person under 21 to drive heavy goods vehicles in contravention of conditions of licence), for the word " employ " there shall be substituted the words " cause or permit " .

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In section 119(1) of the principal Act (general power to make regulations about heavy goods vehicle drivers' licences) the following amendments shall be made—

(l) make provision about the effect of a change in the meaning of heavy goods vehicle or in the classification of heavy goods vehicles for the purposes of this Part of this Act on heavy goods vehicle drivers' licences then in force or issued or on the granting of such licences thereafter;

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In section 124 of the principal Act (definitions for purposes of provisions about heavy goods vehicle drivers' licences) the following amendments shall be made, that is to say—

  • ' heavy goods vehicle ' means any of the following vehicles— an articulated goods vehicle; a large goods vehicle, that is to say, a motor vehicle (not being an articulated goods vehicle) which is constructed or adapted to carry or to haul goods and the permissible maximum weight of which exceeds 7.5 tonnes;

(i) " ' approved training scheme for drivers' means a training scheme for drivers (within the meaning of section 96(4) of this Act) approved for the time being by the Secretary of State for the purposes of regulations under section 119 of this Act "; (ii) " ' normal minimum age for driving', in relation to the driving of vehicles of any class, means the age which is in force under section 96 of this Act (but apart from any approved training scheme for drivers) in relation to that class of vehicle; " '.

and ' articulated goods vehicle ' and ' permissible maximum weight' have the same meanings as they have for the purposes of Part III of this Act

.

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In section 188(3) of the principal Act (minimum age restrictions not to apply to the driving of vehicles of armed forces), for the words preceding " shall not apply" there shall be substituted the words " Subject to regulations made under subsection (2) of section 96 of this Act, that section (in so far as it prohibits persons under 21 from holding or obtaining a licence to drive motor vehicles or persons under 18 from holding or obtaining a licence to drive medium-sized goods vehicles) " .

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In section 196(2) of the principal Act (interpretation of " class ") after the word " defined" there shall be inserted the words " or described " .

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In section 198(4) of the principal Act, for the word " section " there shall be substituted the words " sections 96 and " .

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In Part I of Schedule 4 to the principal Act (punishment of offences) in column 2 of the entries relating to section 84(2), 112(2) and 114(4), there shall be substituted for the word " Employing " the words " Causing or permitting ".

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In section 104(2) of the Road Traffic Regulation Act 1967 (interpretation of " class "), after the word " defined " there shall be inserted the words " or described " .

SCHEDULE 2

Saving for existing regulations about minimum ages for driving

1

Notwithstanding the repeal by section 1 of this Act of section 4 of the Road Traffic Act 1972 (in this Schedule referred to as " the principal Act") any instrument made or having effect as if made under the said section 4 shall have effect (with the appropriate adaptation of references) as if made under subsection (2) of section 96 of the principal Act as substituted by section 1 of this Act and may be varied or revoked accordingly.

Saving in relation to certain motor cars for holders of driving licences and similar persons

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Saving in relation to certain goods vehicles for holders of driving licences and similar persons

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but any licence which the licensing authority grants by virtue of this sub-paragraph shall restrict the person to whom it is granted to the driving of a heavy goods vehicle which is not an articulated goods vehicle (within the meaning of Part IV of the principal Act) and the permissible maximum weight of which does not exceed 10 tonnes.

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Notwithstanding section 38(2) of the Interpretation Act 1889 (repeals not to affect accrued liabilities and proceedings therefor), no person shall be convicted (whether in proceedings instituted before or in proceedings instituted after the passing of this Act) of an offence under section 4 or any provision of Part III of the principal Act by reason of his having at any time since the beginning of 1976 driven a motor vehicle of any class on a road under the age which by or under the said section 4 is the minimum age for driving a motor vehicle of that class if at that time he was the holder of a driving licence issued before the passing of this Act authorising him to drive a motor vehicle of that class and had attained the minimum age specified in the licence for driving that class of vehicle.

SCHEDULE 3

Part I

Part II

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

Extension of jurisdiction over offences about drivers’ hours.

Editorial notes

[^c721220]: Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

[^c721221]: Ss. 1, 4(2)(b), Sch. 1 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 5, Sch. 1 Pt. I, Sch. 4 paras. 1–3

[^c721239]: 1968 c. 73.

[^c721240]: The text of ss. 2(1)(a)–(i)(4), 3, Sch. 3 Pts. I, II is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c721249]: S. 2(2) repealed (1.1.1996) by 1995 c. 23, s. 60(2), Sch. 8 Pt. I (with ss. 54, 55); S.I. 1995/2181, art. 2

[^c721250]: The text of s. 2(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c721251]: Words repealed by Employment Act 1980 (c. 42, SIF 43:5), s. 2(3), Sch. 2

[^c721252]: Entry repealed with savings by Wages Councils Act 1979 (c. 12, SIF 43:1), s. 31, Sch. 5 para. 1, Sch. 7

[^c721253]: Word repealed by Employment Act 1980 (c. 42, SIF 43:5), s. 2(3), Sch. 2

[^c721254]: 1972 c. 27.

[^c721256]: The text of ss. 2(1)(a)–(i)(4), 3, Sch. 3 Pts. I, II is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c721259]: Ss. 1, 4(2)(b), Sch. 1 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 5, Sch. 1 Pt. I, Sch. 4 paras. 1–3

[^c721260]: Sch. 2 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 5, Sch. 1 Pt. I, Sch. 4 paras. 1–3, (but reg. 16 of S.I. 1990/2611 excludes a restriction in Sch. 2 para. 3(3)(5))

[^c721261]: The text of ss. 2(1)(a)–(i)(4), 3, Sch. 3 Pts. I, II is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c721262]: The text of ss. 2(1)(a)–(i)(4), 3, Sch. 3 Pts. I, II is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^key-a1e449af5d1f547d61cf9e7036f0a23f]: S. 4(2)-(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 14