Transport Act 1982

• (b) a copy fixed penalty notice having effect as if it were a complaint shall not be held to be irrelevant by reason only—

• (i) that the charge in the fixed penalty notice is not in the form referred to in section 312 of the said Act of 1975; or

• (ii) that no further specification is given than the specification required for a fixed penalty notice by section 29 (6) (a) of this Act;

and without prejudice to the generality of subsection (4) above, paragraphs (a) to (z) of the said section 312 shall apply in respect of the charge referred to in sub-paragraph (i) above; and

• (c) section 311(5) of the said Act of 1975 shall not apply in respect of a copy fixed penalty notice having effect as if it were a complaint, but there shall be given to the alleged offender along with the fixed penalty notice a notice stating the penalties to which he would be liable in the event of his conviction for the offence.

Provision for exclusion of fixed penalty procedures where fixed penalty notice mistakenly given

41

• (1) This section applies where on inspection of any driving licence sent to him under section 34(3) of this Act after being surrendered by the licence holder on the occasion when he was given a fixed penalty notice in respect of an offence under section 27(1) or 28(2) of this Act it appears to the fixed penalty clerk that the licence holder would be liable to be disqualified under section 19(2) of the Transport Act 1981 (disqualification where penalty points number twelve or more) if he were convicted of that offence.

• (2) The fixed penalty clerk may not endorse the licence under section 34 of this Act, but shall instead send it to the chief officer of police.

• (3) Nothing in this Part of this Act shall prevent proceedings being brought in respect of the offence for which the fixed penalty notice was given, provided that those proceedings are commenced before the end of the period of six months beginning with the date on which that notice was given.

• (4) If proceedings in respect of that offence are commenced before the end of that period, the case shall thereupon be treated in all respects as if no fixed penalty notice had been given in respect of the offence; and accordingly, any action taken in pursuance of any provision of this Part of this Act by reference to that fixed penalty notice shall be void (including, but without prejudice to the generality of the preceding provision, the registration under section 36 of this Act of any sum determined by reference to the fixed penalty for that offence for enforcement against the licence holder as a fine and any proceedings for enforcing payment of any such sum within the meaning of section 38 of this Act).

Conditional offer of fixed penalty by procurator fiscal

Fixed penalties offered by procurator fiscal

42

• (1) Where a procurator fiscal receives a report that there has been committed—

• (a) a fixed penalty offence ; or

• (b) an offence mentioned in Schedule 2 to this Act;

and, in the former case, no fixed penalty notice has been given or affixed in accordance with section 27 of this Act, he may send to the alleged offender a notice under this section (referred to in this section as a conditional offer); and where he issues a conditional offer the procurator fiscal shall notify the clerk of court specified in it of the issue of the conditional offer and of its terms.

• (2) A conditional offer—

• (a) shall give such particulars of the circumstances alleged to constitute the offence to which it relates as are necessary for giving reasonable information about the alleged offence;

• (b) shall state the amount of the fixed penalty for that offence ;

• (c) shall indicate that if, within twenty-eight days of the date on which the conditional offer was issued, or such longer period as may be specified in the conditional offer, the alleged offender—

• (i) tenders payment of the fixed penalty to the clerk of court specified in the conditional offer at the address therein mentioned ; and

• (ii) in the case of an offence involving obligatory endorsement, at the same time, delivers his driving licence to that clerk of court;

then, if the alleged offender is not liable to disqualification under section 19(2) of the Transport Act 1981 (disqualification where penalty points number twelve or more), and where the clerk of court accepts payment of the fixed penalty, any liability to conviction of the offence referred to in subsection (1) above shall be discharged ; and

• (d) shall state that proceedings against the alleged offender shall not be commenced in respect of that offence until the end of a period of twenty-eight days from the date on which the conditional offer was issued, or such longer period as may be specified in the conditional offer.

• (3) References in the provisions of this Part of this Act (other than section 27 and subsection (1) above) to a fixed penalty offence include references to any offence mentioned in Schedule 2 to this Act, and references in those provisions and in subsection (2) above to an offence involving obligatory endorsement include references to an offence mentioned in the Note to that Schedule.

• (4) Where, in relation to an offence referred to in subsection (1) above, the alleged offender has delivered his driving licence to the clerk of court and tendered payment in accordance with subsection (2)(c) above, if it appears to the clerk of court, on inspecting the licence, that the alleged offender would be liable to disqualification under section 19(2) of the Transport Act 1981 (disqualification where penalty points number twelve or more) if he were convicted of that offence, the clerk of court—

• (a) shall not accept payment of the fixed penalty;

• (b) shall return the driving licence to the alleged offender together with the payment tendered in respect of the fixed penalty; and

• (c) shall notify the procurator fiscal who issued the conditional offer that he has complied with paragraphs (a) and (b) above.

• (5) Where payment of the fixed penalty has not been made and, in the case of an offence involving obligatory endorsement, the driving licence has not been delivered to the clerk of court. he shall upon the expiry of the period of twenty-eight days referred to in subsection (2)(c) or such longer period as may be specified in the conditional offer, notify the procurator fiscal who issued the conditional offer that no payment has been made and, where appropriate, that no driving licence has been delivered.

• (6) Proceedings shall not be brought against any person for the offence to which a conditional offer relates until the procurator fiscal receives notification from the clerk of court in accordance with subsection (4) or (5) above.

• (7) Where an alleged offender tenders payment of the fixed penalty to the clerk of court specified in the conditional offer and such payment is accepted and, where appropriate, the driving licence is endorsed no proceedings shall be brought against the alleged offender for the offence referred to in subsection (1) above.

• (8) Subject to subsection (9) below, the following provisions of this Part of this Act, namely—

• section 33(1); and

• section 33(4) (a);

shall have effect in relation to a conditional offer and the payment of the fixed penalty following upon the offer as they have effect respectively in relation to a fixed penalty notice given under section 27(1) of this Act and the payment of the fixed penalty by virtue of that notice.

• (9) For the purposes of subsection (8) above—

• (a) references in the provisions mentioned in that subsection to the fixed penalty clerk are references to the clerk specified in accordance with subsection (2)(c)(i) above in the conditional offer ; and

• (b) references in section 33(1) of this Act to the fixed penalty notice shall be construed as if they were references to the conditional offer.

• (10) Notwithstanding the provisions of subsection (6) of section 27 of this Act, an offence referred to in that subsection and committed in the manner described in that subsection shall, for the purposes of this section, be a fixed penalty offence.

• (11) This section applies only in relation to offences committed in Scotland.

Endorsement of licences without hearings where conditional offer accepted

43

• (1) Where a person (" the licence holder ") has delivered his licence to the clerk of court in accordance with section 42(2) of this Act, and where section 42(4) of this Act does not apply, his licence may be endorsed in accordance with this section without any order of a court.

• (2) Where the fixed penalty is paid before the clerk of court gives notice to the procurator fiscal in terms of section 42(6) of this Act, the clerk of court shall thereupon endorse the relevant particulars on the licence and return it to the licence holder.

• (3) Subsections (6) to (10) of section 34 of this Act shall apply to endorsement under this section as they apply to endorsement under that section and for the purpose of this subsection—

• (a) references in those subsections to the fixed penalty clerk are references to the clerk of court specified in the conditional offer; and

• (b) the reference in section 34(9) of this Act to section 41(2) of this Act includes a reference to section 42(4) of this Act.

Miscellaneous and supplemental

Treatment of other offences committed on the same occasion

44

• (1) Section 19 of the Transport Act 1981 (disqualification for repeated offences) shall have effect subject to this section in any case where—

• (a) a person is convicted of an offence involving obligatory or discretionary disqualification ; and

• (b) the court is satisfied that his driving licence has been or is liable to be endorsed under section 34 or 43 of this Act in respect of an offence committed on the same occasion as the offence of which he is convicted (referred to below in this section as the connected offence).

• (2) The appropriate number of penalty points for the offence of which he is convicted shall be treated for the purposes of section 19 of that Act as reduced by the number of penalty points required to be endorsed on his licence under section 34 or 43 of this Act in respect of the connected offence.

• (3) References in this section, in relation to any offence, to the appropriate number of penalty points for that offence are references—

• (a) to the number of penalty points shown in respect of that offence in Schedule 7 to that Act, where only one number is so shown ; and

• (b) where a range of numbers is so shown, to a number falling within that range determined by the court as the appropriate number of penalty points in respect of that offence apart from the provisions of this section.

• (4) In any case within subsection (1) above—

• (a) the reference in section 19(1)(b) of that Act to the number of penalty points shown in respect of an offence in Schedule 7 to that Act or to a number falling within a range of numbers so shown shall be read in relation to the offence mentioned in subsection (1) above as referring to the number so shown in respect of that offence or (as the case may be) to a number within the range so shown, reduced in either case in accordance with subsection (2) above ; and

• (b) the reference in section 19(3)(a) to any penalty points that on the occasion of a person's conviction will be ordered to be endorsed on any licence held by him or would be so ordered if he were not then ordered to be disqualified shall be read as referring to any such points that will or would be so ordered after reduction in accordance with subsection (2) above of the appropriate number of penalty points for any offence of which he is then convicted.

Hired vehicles

45

• (1) This section applies where—

• (a) a notice to owner has been served on a vehicle-hire firm;

• (b) at the time of the alleged offence the vehicle in respect of which the notice was served was let to another person by the vehicle-hire firm under a hiring agreement to which this section applies ; and

• (c) within the period allowed under section 31 of this Act for response to the notice the firm furnishes to the chief officer of police by or on whose behalf the notice was served the documents mentioned in subsection (2) below.

• (2) Those documents are a statement on an official form, signed by or on behalf of the firm, stating that at the time of the alleged offence the vehicle concerned was hired under a hiring agreement to which this section applies, together with—

• (a) a copy of that hiring agreement; and

• (b) a copy of a statement of liability signed by the hirer under that hiring agreement.

• (3) In this section a " statement of liability " means a statement made by the hirer under a hiring agreement to which this section applies to the effect that the hirer acknowledges that he will be liable, as the owner of the vehicle, in respect of any fixed penalty offence which may be committed with respect to the vehicle during the currency of the hiring agreement and giving such information as may be prescribed.

• (4) In any case where this section applies sections 31 and 32 of this Act shall have effect as if—

• (a) any reference to the owner of the vehicle were a reference to the hirer under the hiring agreement; and

• (b) any reference to a statutory statement of ownership were a reference to a statutory statement of hiring;

and accordingly references in this Part of this Act (with the exceptions mentioned below) to a notice to owner shall include references to a notice served under section 31 of this Act as it applies by virtue of this section.

This subsection does not apply to references to a notice to owner in this section or in section 47 (7) (b) of or Part I of Schedule 3 to this Act.

• (5) In any case where this section applies a person authorised in that behalf by the chief officer of police to whom the documents mentioned in subsection (2) above are furnished may, at any reasonable time within six months after service of the notice to owner (and on production of his authority) require the firm to produce the originals of the hiring agreement and statement of liability in question.

• (6) If a vehicle-hire firm fails to produce the original of a document when required to do so under subsection (5) above, this section shall thereupon cease to apply (and section 31 shall apply accordingly in any such case after that time as it applies in a case where the person on whom the notice to owner was served has failed to furnish a statutory statement of ownership in response to the notice within the period allowed).

• (7) This section applies to a hiring agreement under the terms of which the vehicle concerned is let to the hirer for a fixed period of less than six months (whether or not that period is capable of extension by agreement between the parties or otherwise); and any reference in this section to the currency of the hiring agreement includes a reference to any period during which, with the consent of the vehicle-hire firm, the hirer continues in possession of the vehicle as hirer, after the expiry of the fixed period specified in the agreement, but otherwise on terms and conditions so specified.

• (8) In this section—

• " hiring agreement" refers only to an agreement which contains such particulars as may be prescribed and does not include a hire-purchase agreement within the meaning of the Consumer Credit Act 1974 ; and

• " vehicle-hire firm " means any person engaged in hiring vehicles in the course of a business.

False statements in response to notices to owner

46

• (1) If, in response to a notice to owner, any person furnishes a statement which is false in a material particular and does so recklessly or knowing it to be false in that particular, he shall be liable on summary conviction to a fine not exceeding £1000.

• (2) Proceedings for an offence in England and Wales under subsection (1) above may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge, but no such proceedings shall be brought by virtue of this section more than three years after the commission of the offence.

• (3) Proceedings in Scotland for an offence under subsection (1) above shall not be commenced after the expiration of a period of three years from the commission of the offence, but subject to that limitation, any such proceedings may be commenced at any time within six months after the date on which evidence sufficient in the opinion of the procurator fiscal to justify the proceedings comes to his knowledge.

• (4) Proceedings may be commenced in accordance with subsection (3) above notwithstanding anything in section 331(1) of the Criminal Procedure (Scotland) Act 1975; and subsection (3) of that section (date of commencement of proceedings) shall apply for the purposes of this section as it applies for the purposes of that section.

• (5) For the purposes of subsections (2) and (3) above, a certificate signed by or on behalf of the prosecutor or, as the case may be, the procurator fiscal and stating the date on which such evidence as is there mentioned came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be taken to be so signed unless the contrary is proved.

Evidence in fixed penalty notice cases

47

• (1) In any proceedings a certificate that a copy of a statement by a constable with respect to the alleged offence (referred to below in this section as a constable's witness statement) was included in or given with a fixed penalty notice or a notice under section 28(1) of this Act given to the accused on a date specified in the certificate shall, if the certificate purports to be signed by the constable who gave the accused the notice, be evidence of service of a copy of that statement by delivery to the accused on that date.

• (2) In any proceedings a certificate that a copy of a constable's witness statement was included in or served with a notice to owner served on the accused in a manner and on a date specified in the certificate shall, if the certificate purports to be signed by any person employed by the police authority for the police area in which the offence to which the proceedings relate is alleged to have been committed, be evidence of service in the manner and on the date so specified both of a copy of that statement and of the notice to owner.

• (3) Any address specified in any such certificate as is mentioned in subsection (2) above as being the address at which service of the notice to owner was effected shall be taken for the purposes of any proceedings in which the certificate is tendered in evidence to be the accused's proper address, unless the contrary is proved.

• (4) Where a copy of a constable's witness statement is included in or served with a notice to owner served in any manner in which the notice is authorised to be served under this Part of this Act, the statement shall be treated as duly served for the purposes of section 9 of the Criminal Justice Act 1967 (proof by written statement) notwithstanding that the manner of service is not authorised by subsection (8) of that section.

• (5) In relation to any proceedings in which service of a constable's witness statement is proved by certificate under this section—

• (a) that service shall be taken for the purposes of subsection (2)(c) of that section (copy of statement to be tendered in evidence to be served before hearing on other parties to the proceedings by or on behalf of the party proposing to tender it) to have been effected by or on behalf of the prosecutor; and

• (b) subsection (1)(d) of that section (time for objection) shall have effect with the substitution, for the reference to seven days from the service of the copy of the statement, of a reference to seven days from the relevant date.

In paragraph (b) of this subsection, " relevant date " means—

• (i) where the accused gives notice requesting a hearing in respect of the offence in accordance with any provision of this Part of this Act, the date on which he gives that notice; and

• (ii) where a notice in respect of the offence was given to the accused under section 28(1) of this Act but no fixed penalty notice is given in respect of it, the last day for production of the first-mentioned notice at a police station in accordance with that section.

• (6) Where any person is charged with a fixed penalty offence and the prosecutor produces to the court a document to which this subsection applies purporting to have been signed by the accused, the document shall be presumed, unless the contrary is proved, to have been signed by the accused and shall be evidence (and, in Scotland, sufficient evidence) in the proceedings of any facts stated in it tending to show that the accused was the owner, the hirer or the driver of the vehicle concerned at a particular time.

• (7) Subsection (6) above applies to any document purporting to be—

• (a) a notice requesting a hearing in respect of the offence charged given in accordance with a fixed penalty notice relating to that offence ; or

• (b) a statutory statement of any description defined in Schedule 3 to this Act or a copy of a statement of liability within the meaning of section 45 of this Act furnished in response to a notice to owner.

• (8) Subsections (1) to (5) above do not apply to Scotland.

Jurisdiction of the district court in Scotland

48

• (1) Notwithstanding anything in any enactment or rule of law to the contrary it shall be competent for a district court in Scotland to try any of the offences mentioned in Schedules 1 and 2 to this Act.

• (2) Nothing in this section shall empower the district court in respect of any offence—

• (a) to impose—

• (i) a penalty of imprisonment which exceeds sixty days; or

• (ii) a fine which exceeds level 4 on the standard scale; or

• (b) subject to subsection (3) below, to impose disqualification within the meaning of the 1972 Act.

• (3) Where a person is convicted in the district court of an offence referred to in subsection (1) above, being an offence involving obligatory endorsement.—

• (a) the court shall order that particulars of the conviction shall be endorsed on any licence held by him in accordance with section 101 of the 1972 Act; and

• (b) if the penalty points to be taken into account under section 19(3) of the Transport Act 1981 number twelve or more, the court shall order him to be disqualified under section 19(2) of that Act.

• (4) Until the commencement of section 54 of the Criminal Justice Act 1982, for the reference to level 4 on the standard scale in subsection (2) above there shall be substituted a reference to £200.

Supplementary provisions

49

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

• (a) for prescribing any information or further information to be provided in any notice, notification, certificate of receipt under section 27, 28, 31, 35, 36(2) or (3), 37(8), 39(1), 40(1) or 42 of this Act or in any official form for a statutory statement mentioned in Schedule 3 to, or a statement under section 45(2) of, this Act;

• (b) for requiring any such official form to be served with any notice served under section 31 or 37(8) of this Act; and

• (c) for prescribing the duties of justices' clerks or (as the case may be) clerks of courts of summary jurisdiction and the information to be supplied to them.

• (2) For the purposes of this Part of this Act, the owner of a vehicle shall be taken to be the person by whom the vehicle is kept; and for the purposes of determining, in the course of any proceedings brought by virtue of section 31 of this Act, who was the owner of a vehicle at any time, it shall be presumed that the owner was the person who was the registered keeper of the vehicle at that time.

• (3) Notwithstanding the presumption in subsection (2) above, it shall be open to the defence in any proceedings to prove that the person who was the registered keeper of a vehicle at a particular time was not the person by whom the vehicle was kept at that time and to the prosecution to prove that the vehicle was kept by some other person at that time.

• (4) Subject to any requirement of this Part of this Act with respect to the manner in which any such document may be furnished, the following documents may be furnished by post (but without prejudice to any other method of furnishing), that is to say—

• (a) any of the statutory statements mentioned in Schedule 3 to this Act; and

• (b) any of the documents mentioned in section 45(2) of this Act.

• (5) Where a notice requesting a hearing in respect of an offence is permitted by a fixed penalty notice or notice to owner relating to that offence to be given by post, section 7 of the Interpretation Act 1978 (service of documents by post) shall apply as if that notice were permitted to be so given by this Act.

• (6) A notice to owner may be served on any person—

• (a) by delivering it to him or by leaving it at his proper address; or

• (b) by sending it to him by post;

and where the person on whom such a notice is to be served is a body corporate it shall be duly served if it is served on the secretary or clerk of that body.

• (7) For the purposes of this Part of this Act and of section 7 of the Interpretation Act 1978 as it applies for the purposes of subsection (6) above the proper address of any person in relation to service on him of a notice to owner shall be—

• (a) in the case of the secretary or clerk of a body corporate, that of the registered or principal office of that body or the registered address of the person who is or was the registered keeper of the vehicle concerned at the time of service; and

• (b) in any other case, his last known address at the time of service.

• (8) References in this section to the person who was or is the registered keeper of a vehicle at any time are references to the person in whose name the vehicle was or is at that time registered under the Vehicles (Excise) Act 1971; and, in relation to any such person, the reference in subsection (7) (a) above to that person's registered address is a reference to the address recorded in the record kept under that Act with respect to that vehicle as being that person's address.

• (9) References in this Part of this Act to statutory statements of any description are references to the statutory statements of that description denned in Schedule 3 to this Act; and that Schedule shall have effect also for the purpose of requiring certain information to be provided in official forms for the statutory statements so defined to assist persons in completing those forms and generally in determining what action to take in response to a notice to owner.

• (10) In this Part of this Act, " official form ", in relation to a statutory statement mentioned in Schedule 3 to or a statement under section 45(2) of this Act, means a document supplied by or on behalf of a chief officer of police for use in making that statement.

• (11) An order under section 81(3) of the 1967 Act may not authorise the employment of a traffic warden to discharge any function under this Part of this Act in respect of an offence if the offence appears to the traffic warden to be an offence involving obligatory endorsement.

• (12) Section 179 of the 1972 Act (restrictions on prosecutions for certain offences) shall not apply to any offence in respect of which a fixed penalty notice has been given or affixed under any provision of this Part of this Act or in respect of which a notice has been given under section 28(1) of this Act.

• (13) In any case where—

• (a) by virtue of section 31(6) of this Act proceedings may be brought in respect of an offence against a person on whom a notice to owner was served ; and

• (b) section 38(3) of this Act does not apply ;

section 127(1) of the Magistrates' Courts Act 1980 (information must be laid within six months of time offence committed) and section 331(1) of the Criminal Procedure (Scotland) Act 1975 (proceedings must be commenced within six months of that time) shall have effect as if for the reference to six months there were substituted a reference to twelve months.

Interpretation of Part III

50

• (1) In this Part of this Act—

• " chief officer of police " means, in relation to any fixed penalty notice or notice to owner, the chief officer of police for the police area in which the fixed penalty offence in question is alleged to have been committed ;

• " court of summary jurisdiction" has the same meaning as in section 462(1) of the Criminal Procedure (Scotland) Act 1975 ;

• " driving licence" means any licence to drive a motor vehicle granted under Part III of the 1972 Act;

• " justices' clerk " means a clerk to the justices for a petty sessions area;

• " magistrates' court " and " petty sessions area " have the same meanings as in the Magistrates' Courts Act 1980; and

• " proceedings ", except in relation to proceedings for enforcing payment of a sum registered under section 36 of this Act, means criminal proceedings.

• (2) In this Part of this Act—

• (a) references to a notice requesting a hearing in respect of an offence are references to a notice indicating that the person giving the notice wishes to contest liability for the offence or seeks a determination by a court with respect to the appropriate punishment for the offence; and

• (b) references to an offence include an alleged offence.

• (3) In so far as an order under section 81(3) of the 1967 Act authorises the employment of traffic wardens for the purposes of this Part of this Act references in this Part of this Act to a constable or, as the case may be, to a constable in uniform shall include a traffic warden.

• (4) In sections 31, 32 and 47(6) of this Act and in Schedule 3 to this Act, " driver ", in relation to an alleged fixed penalty offence, means the person by whom, assuming the offence to have been committed, it was committed.

• (5) Subject to any express exception, references in this Part of this Act to this Part of this Act include Schedules 1 to 3.

• (6) The expressions listed in the left-hand column below are respectively defined or (as the case may be) fall to be construed in accordance with the provisions of this Part of this Act listed in the right-hand column in relation to those expressions.

Expression	Relevant provisions
Fixed penalty	Section 29(3)
Fixed penalty clerk	Section 33(2)
Fixed penalty notice	Section 27(8)
Fixed penalty offence	Sections 27(5) and 42(3)
Notice to owner	Sections 31(2) and 45(4)
Offence involving obligatory endorsement	Sections 27(9) and 42(3)
Official form	Section 49(10)
Owner	Section 49(2)
Statutory statement of facts	Part II of Schedule 3
Statutory statement of hiring	Part I of Schedule 3
Statutory statement of ownership	Part I of Schedule 3
Suspended enforcement period	Section 29(1)
Time of the alleged offence	Section 31(3)

Guidance on application of Part III

51

The Secretary of State shall issue guidance to chief officers of police for police areas in respect of the operation of this Part of this Act with the objective so far as possible of working towards uniformity.

Part IV — Miscellaneous and Supplemental

Environmental control of goods vehicle operating centres

Control of operating centres for goods vehicles on environmental grounds

52

Immobilisation of vehicles illegally parked

Immobilisation of vehicles illegally parked

53

Exemptions from section 53

54

• (1) Subject to the following provisions of this section, section 53(1) of this Act shall not apply in relation to a vehicle found by a constable in the circumstances mentioned in that subsection if either—

• (a) a current disabled person's badge is displayed on the vehicle; or

• (b) the vehicle is in a meter bay within a parking place designated by an order made under section 35 of the 1967 Act (referred to below in this section as a designation order).

• (2) The exemption under subsection (1)(b) above shall not apply in the case of any vehicle if—

• (a) the meter bay in which it was found was not authorised for use as such at the time when it was left there (referred to below in this section as the time of parking); or

• (b) an initial charge was not duly paid at the time of parking ; or

• (c) there has been since that time any contravention in relation to the relevant parking meter of any provision made by virtue of section 36(2)(c) of that Act (meter-feeding) ; or

• (d) more than two hours have elapsed since the end of any period for which an initial charge was duly paid at the time of parking or (as the case may be) since the end of any unexpired time in respect of another vehicle available on the relevant parking meter at the time of parking.

• (3) For the purposes of subsection (2)(a) above, a meter bay in a parking place designated by a designation order is not authorised for use as such at any time when—

• (a) by virtue of section 37(1)(a) of the 1967 Act (times when vehicles may not be left in designated parking place) the parking place is treated for the purposes of sections 36 and 42 of that Act as if it were not designated by that order; or

• (b) the use of the parking place or of any part of it that consists of or includes that particular meter bay is suspended under section 37(3) of that Act (order may confer power on certain authorities to suspend use of designated parking place or any part of it, etc.).

• (4) In relation to any vehicle found in a meter bay within a parking place designated by a designation order, references in subsection (2) above to an initial charge are references to an initial charge payable in respect of that vehicle under section 35 of the 1967 Act.

• (5) In any case where section 53(1) of this Act would apply in relation to a vehicle but for subsection (1)(a) above, the person guilty of contravening the prohibition or restriction mentioned in section 53(1) is also guilty of an offence under this subsection if the conditions mentioned in subsection (6) below are met.

• (6) Those conditions are that at the time when the contravention occurred—

• (a) the vehicle was not being used either by the person to whom the disabled person's badge was issued or under subsection (4) (institutional use) of section 21 of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons); and

• (b) he was not using the vehicle in circumstances falling within section 86A(2)(b) of the 1967 Act (circumstances where certain concessions are available to disabled person's vehicles).

• (7) A person guilty of an offence under subsection (5) above shall be liable on summary conviction to a fine not exceeding £200.

• (8) In this section—

• " disabled person's badge " means any badge issued, or having effect as if issued, under any regulations for the time being in force under section 21 of the Chronically Sick and Disabled Persons Act 1970 ;

• " initial charge " and " parking meter" have the same meanings as in section 36 of the 1967 Act; and

• " meter bay " means a parking space equipped with a parking meter;

and the references in subsection (2) above to the relevant parking meter are references to the parking meter relating to the meter bay in which the vehicle in question was found.

Initial experimental period for immobilisation of vehicles

55

• (1) Sections 53 and 54 of this Act (referred to below in this section as the principal sections) shall extend only to such areas as the Secretary of State may by order specify; and the power of the Secretary of State to extend those sections to any area is subject to the following provisions of this section.

• (2) During the experimental period for the purposes of the principal sections—

• (a) any order under this section extending those sections to any area shall be an experimental order; and

• (b) only one such order may be in force at any one time (without prejudice to the variation of that order from time to time by a further order under this section).

• (3) An experimental order—

• (a) shall relate to a single area only (without prejudice to the alteration of that area from time to time by a further order under this section varying the experimental order); and

• (b) shall expire at the end of the period of two years beginning with the day on which it comes into force, unless it is previously revoked or continued in force by a further order under this section.

• (4) The experimental period for the purposes of the principal sections is the period beginning with the date on which those sections come into force and ending with the date on which any order continuing in force an experimental order under this section comes into force.

• (5) After the end of the experimental period for the purposes of the principal sections any order under this section extending those sections to any area may be made for a limited period or without limit of time (subject to variation or revocation by a further order under this section).

• (6) An order under this section continuing in force an experimental order under this section shall not be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

• (7) The Secretary of State shall not by order under this section (including any order varying an existing order) extend the principal sections to any area for the first time unless requested to do so by the authority responsible for traffic regulation in that area.

• (8) For the purposes of subsection (7) above, the authority responsible for traffic regulation in any area is—

• (a) in relation to any area in Greater London, the Greater London Council;

• (b) in relation to any area in England and Wales other than an area in Greater London, the council of the county ; and

• (c) in relation to any area in Scotland, the regional or islands council.

Miscellaneous

Definition of heavy commercial vehicle

56

Authorisation of head-worn appliances for use on motor cycles

57

• (1) The following section shall be inserted after section 33 of the 1972 Act (protective helmets for motor cyclists) immediately before section 33A of that Act (which was inserted by section 27 of the Transport Act 1981)—

(33AA) (1) The Secretary of State may make regulations prescribing (by reference to shape, construction or any other quality) types of appliance of any description to which this section applies as authorised for use by persons driving or riding (otherwise than in sidecars) on motor cycles of any class specified in the regulations. (2) Regulations under this section— (a) may impose restrictions or requirements with respect to the circumstances in which appliances of any type prescribed by the regulations may be used ; and (b) may make different provision in relation to different circumstances. (3) If a person driving or riding on a motor cycle on a road uses an appliance of any description for which a type is prescribed under this section he shall be guilty of an offence if that appliance is not of a type so prescribed or is otherwise used in contravention of regulations under this section. (4) If a person sells, or offers for sale, an appliance of any such description as authorised for use by persons on or in motor cycles, or motor cycles of any class, and that appliance is not of a type prescribed under this section as authorised for such use, he shall, subject to subsection (5) below, be guilty of an offence. (5) A person shall not be convicted of an offence under this section in respect of the sale or offer for sale of an appliance if he proves that it was sold or, as the case may be, offered for sale for export from Great Britain. (6) In England or Wales the council of a county or of a London borough, the Greater London Council or the Common Council of the City of London may institute proceedings for an offence under this section. (7) The provisions of Schedule 1 to this Act shall have effect in relation to contraventions of subsection (4) of this section as they have effect in relation to contraventions of section 33 of this Act; and in that Schedule, as it has effect by virtue of this subsection— (a) references to helmets shall be read as references to appliances to which this section applies; and (b) the reference in paragraph 4(1)(a) to a type which under the principal section could be lawfully sold or offered for sale shall be read as a reference to a type which under this section could be lawfully sold or offered for sale as authorised for use in the manner in question. (8) This section applies to appliances of any description designed or adapted for use— (a) with any headgear ; or (b) by being attached to or placed upon the head; (as, for example, eye protectors or earphones). (9) References in this section to selling or offering for sale include respectively references to letting on hire and offering to let on hire.

.

• (2) The following entries shall be inserted in Part I of Schedule 4 to the 1972 Act (prosecution and punishment of offences) immediately after the entry relating to section 33—

33AA(3)	Contravention of regulations with respect to use of head-worn appliances on motor cycles.	Summarily.	£50.	—	—	—
33AA(4)	Selling, etc., appliance not of prescribed type as approved for use on motor cycles.	Summarily.	£200.	—	—	—.

.

Penalty points for accessories to traffic offences

58

The following shall be substituted for Part I of Schedule 7 to the Transport Act 1981 (penalty points)—

Description of offence	Number of penalty points
Any offence involving obligatory disqualification (within the meaning of Part III of the Road Traffic Act 1972)—
in the case of an offence which is treated as an offence involving discretionary disqualification for the purposes of section 93 of that Act by virtue of subsection (6) of that section (offences committed by aiding, etc., the commission of an offence involving obligatory disqualification)	10
in any other case	4.

.

Specimens of breath for breath tests, etc.

59

In section 12(3) of the 1972 Act as inserted by Schedule 8 to the Transport Act 1981 (circumstances in which a person fails to provide a specimen of breath for a breath test or for analysis), the following words shall be added at the end " and provided in such a way as to enable the objective of the test or analysis to be satisfactorily achieved ".

Alteration of procedure governing the Highway Code

60

The following section shall be substituted for section 37 of the 1972 Act—

(37) (1) The Highway Code shall continue to have effect, subject however to revision in accordance with the following provisions of this section. (2) Subject to the following provisions of this section, the Secretary of State may from time to time revise the Highway Code by revoking, varying, amending or adding to the provisions of the Code in such manner as he thinks fit. (3) Where the Secretary of State proposes to revise the Highway Code by making any alterations in the provisions of the Code, other than alterations merely consequential on the passing, amendment or repeal of any statutory provision, he shall lay the proposed alterations before both Houses of Parliament and shall not make the proposed revision until after the end of a period of forty days beginning with the day on which the alterations were so laid. (4) If within the period mentioned in subsection (3) above either House resolves that the proposed alterations be not made, the Secretary of State shall not make the proposed revision (but without prejudice to the laying before Parliament of further proposals for alteration in accordance with that subsection). (5) Before revising the Highway Code by making any alterations in its provisions which are required by subsection (3) above to be laid before Parliament, the Secretary of State shall consult with such representative organisations as he thinks fit. (6) The Secretary of State shall cause the Highway Code to be printed and may cause copies of it to be sold to the public at such price as he may determine. (7) A failure on the part of a person to observe a provision of the Highway Code shall not of itself render that person liable to criminal proceedings of any kind but any such failure may in any proceedings (whether civil or criminal, and including proceedings for an offence under this Act, the Road Traffic Regulation Act 1967 or the Public Passenger Vehicles Act 1981) be relied upon by any party to the proceedings as tending to establish or to negative any liability which is in question in those proceedings. (8) In this section " the Highway Code " means the code comprising directions for the guidance of persons using roads issued under section 45 of the Road Traffic Act 1930, as from time to time revised under this section or under any previous enactment. (9) For the purposes of subsection (3) above— (a) "statutory provision" means a provision contained in an Act or in subordinate legislation within the meaning of the Interpretation Act 1978 (and the reference to the passing or repeal of any such provision accordingly includes the making or revocation of any such provision); (b) where the proposed alterations are laid before each House of Parliament on different days, the later day shall be taken to be the day on which they were laid before both Houses; and (c) in reckoning any period of forty days, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

.

Speed limits

61

Approval of radar speed measuring devices

62

Amendment of certain penalties in the 1972 Act

63

Proceedings in respect of offences in connection with Crown vehicles

64

• (1) In section 188 of the 1972 Act (application to the Crown), for subsections (8) and (9) there shall be substituted the following subsections—

(8) Where an offence under this Act is alleged to have been committed in connection with a vehicle in the public service of the Crown, proceedings may be brought in respect of the offence against a person nominated for the purpose on behalf of the Crown ; and subject to subsection (9) below, where any such offence is committed any person so nominated shall also be guilty of the offence as well as any person actually responsible for the offence (but without prejudice to proceedings against any person so responsible). (9) Where a person is convicted of an offence by virtue of subsection (8) above— (a) no order may be made on his conviction save an order imposing a fine; (b) payment of any fine imposed on him in respect of that offence may not be enforced against him; and (c) apart from the imposition of any such fine, the conviction shall be disregarded for all purposes other than any appeal (whether by way of case stated or otherwise).

• (2) The subsections substituted by subsection (1) above for subsections (8) and (9) of section 188 of the 1972 Act (referred to below in this section as the 1972 Act subsections) shall also be substituted—

• (a) for section 97(4) of the 1967 Act; and

• (b) for section 102(3) of the Transport Act 1968 ;

renumbered in the former case as subsections (4) and (5) and in the latter case as subsections (3) and (3A) (and taking the reference in each of those subsections to the other as correspondingly renumbered).

• (3) As inserted by subsection (2) above in section 102 of the Transport Act 1968, subsection (8) of the 1972 Act subsections shall have effect with the substitution of the words " this Part of this Act " for the words " this Act ".

Marking of builders' skips

65

In section 139 of the Highways Act 1980 (control of builders’ skips), at the end of subsection (4)(a) (duty of owner of skip deposited on highway to secure that it is properly lighted) there shall be inserted the following words “and, where regulations made by the Secretary of State under this section require it to be marked in accordance with the regulations (whether with reflecting or fluorescent material or otherwise), that it is so marked”.

Powers exercisable in relation to harbour authorities in the interests of national defence

66

• (1) If it appears to the Secretary of State that there is anything which a harbour authority ought in the interests of national defence—

• (a) to have power to do in connection with any harbour which they are engaged in improving, maintaining or managing; or

• (b) to be required to do in connection with any such harbour;

he may authorise or direct the authority to do that thing.

• (2) No limitation on the powers of a harbour authority contained in any statutory provision, whenever passed or made, shall prevent the authority from acting in accordance with an authorisation or direction given under subsection (1) above.

• (3) A harbour authority or any other person who suffers injury, loss or damage in consequence of anything done in pursuance of an authorisation or direction given under subsection (1) above shall be entitled to receive from the Secretary of State such compensation as may be agreed or as may, in default of agreement, be determined by arbitration to be just having regard to all the circumstances of the particular case.

• (4) An arbitration under subsection (3) above shall, unless otherwise agreed, be the arbitration—

• (a) in England and Wales or Northern Ireland, of a single arbitrator to be appointed by the Lord Chancellor; and

• (b) in Scotland, of a single arbiter to be appointed by the Lord President of the Court of Session.

• (5) Any compensation payable by the Secretary of State under this section shall be paid out of money provided by Parliament.

• (6) Any authorisation or direction given to a harbour authority by the Secretary of State under subsection (1) above shall be in writing; and it shall be the duty of any harbour authority to comply with any directions given to them under that subsection.

• (7) In this section “harbour”, “harbour authority” and “statutory provision” have—

• (a) in relation to England, Wales and Scotland, the same meaning as in the Harbours Act 1964; and

• (b) in relation to Northern Ireland, the same meaning as in the Harbours Act (Northern Ireland) 1970.

Extended pension provision for members of transport Boards

67

In paragraph 8 of Schedule 1 to the Transport Act 1962 (salaries, pensions etc. of members of Boards of nationalised transport industries), in sub-paragraph (1)(b) (Minster may determine pensions to be paid on retirement or death of members of Boards), for the words “on retirement or death” there shall be substituted the words “in the case”.

Refusal or withdrawal of disabled person's badges

68

In section 21 of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons) after subsection (7) there shall be inserted the following subsection—

(7A) Where the prescribed conditions are met in the case of any person, then— (a) if he applies to a local authority for the issue of a badge under this section, the authority may by notice refuse the application; and (b) if he holds a badge issued under this section by the authority, the authority may by notice require him to return the badge to them. The conditions that may be prescribed for the purposes of this susbection are conditions relating to the misuse of badges issued under this section. (7B) A notice under subsection (7A) above may be given by post. (7C) A person whose application is refused under subsection (7A) above or who is required to return his badge under that subsection may, within the prescribed time, appeal to the Secretary of State who may confirm or reverse the decision of the local authority; and, if he reverses it, the authority shall issue a badge accordingly or, as the case may be, the requirement to return the badge shall cease to have effect. (7D) A badge which is required to be returned to the issuing authority by virtue of subsection (6) above may not be displayed on any vehicle; and a badge which is required to be returned by virtue of a notice under subsection (7A) above shall be returned within the prescribed time and may not be displayed on any vehicle after that time. (7E) Regulations under this section may provide for the procedure to be followed in connection with appeals under subsection (7C) above; but the Secretary of State shall consult with the Council on Tribunals before making regulations that so provide.

.

Evidence in certain proceedings in Scotland

69

Payments in respect of applicants for exemption from wearing seat belts

70

• (1) The Secretary of State may make payments out of money provided by Parliament in respect of the examination of applicants falling within any class mentioned in subsection (2) below, being applicants for medical certificates required as a condition of any exception prescribed by regulations under section 33A or 33B of the 1972 Act (wearing of seat belts).

• (2) The classes referred to in subsection (1) above are—

• (a) those in receipt of—

• (i) attendance allowance under section 64 of the Social Security Contributions and Benefits Act 1992;

• (iA) a disability living allowance under section 71 of that Act;

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) disablement pension under section 103 of that Act at a weekly rate increased by virtue of section 104(1) of that Act (constant attendance needed); or

• (iv) an allowance under article 14 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1978 (constant attendance allowance);

• (v) mobility supplement under a scheme made under the Personal Injuries (Emergency Provisions) Act 1939 or under an Order in Council made under section 12 of the Social Security (Miscellaneous Provisions) Act 1977 (war pensioners mobility supplement); or

• (vi) a disability pension paid by the Secretary of State for Defence on account of disability attributable to injury sustained after 30th September 1921 but before 3rd September 1939 together with a mobility supplement paid under the Naval and Marine Pay and Pensions (Disablement Awards) (No. 2) Order 1984 or under Royal Warrant dated 30th December 1949 or under Queen’s Regulations for the Royal Air Force.

• (ab) those in receipt of personal independence payment;

• (ac) those in receipt of armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (S.I. 2011/517);

• (b) those in receipt of universal credit, income support , an income-based jobseeker's allowance (payable under the Jobseekers Act 1995), an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance), , any element of child tax credit other than the family element or working tax credit and their dependants;

• (bb) those in receipt of guarantee state pension credit (under section 1(3)(a) of the State Pension Credit Act 2002) and those persons who (within the meaning of that Act) are members of a couple the other member of which is in receipt of guarantee state pension credit;

• (c) those provided with invalid carriages or other vehicles under subsection (1) of section 46 of the National Health Service (Scotland) Act 1978 or in receipt of grants under subsection (3) of that section in respect of invalid carriages or other vehicles which belong to them; and

• (d) those whose names are in the register of disabled persons maintained under section 6 of the Disabled Persons (Employment) Act 1944.

• (3) The Secretary of State may by order amend subsection (2) above (whether as originally enacted or as previously amended under this subsection) so as to omit any of the classes mentioned in that subsection or add to or substitute for any of those classes other classes of any description.

Northern Ireland

71

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of section 70 of this Act—

• (a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

• (b) shall be subject to annulment in pursuance of a resolution of either House.

Supplemental

Application to Crown

72

The following provisions of this Act, that is to say—

• (a) section 25; and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

apply to vehicles and persons in the public service of the Crown.

Regulations and orders

73

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . any power conferred by this Act on the Secretary of State to make any order or regulations shall be exercisable by statutory instrument.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Any statutory instrument containing regulations or an order made under any provision of this Act, except an order made under section . . . 76(2) of this Act . . . , shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) Regulations made under this Act may—

• (a) make different provision for different cases; and

• (b) contain such incidental and supplemental provisions as the Secretary of State considers expedient for the purposes of the regulations.

Minor and consequential amendments and repeals

74

• (1) The enactments specified in Schedule 5 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.

• (2) The enactments specified in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule, but the repeal in the Heavy Commercial Vehicles (Controls and Regulations) Act 1973 is subject to the saving in section 56(3) of this Act.

General interpretation

75

In this Act—

• “the 1967 Act” means the Road Traffic Regulation Act 1967;

• “the 1972 Act” means the Road Traffic Act 1972;

• “prescribed” means prescribed by regulations made by the Secretary of State; and

• “road” means any highway and any other road to which the public has access, and includes bridges over which a road passes except that in Scotland it has the same meaning as in the Roads (Scotland) Act 1984.

Citation, commencement and extent

76

• (1) This Act may be cited as the Transport Act 1982.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , this Act shall come into force on such day or days as the Secretary of State may by order appoint, and different days may be appointed for different purposes.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) An order under subsection (2) above may contain such transitional provisions and savings (whether or not involving the modification of any statutory provisions) as appear to the Secretary of State necessary or expedient in connection with the provisions brought (wholly or partly) into force by the order.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Except for Part I of this Act and the provisions mentioned in subsection (7) below, this Act shall not extend to Northern Ireland.

• (7) The provisions referred to in subsection (6) above are—

• (a) sections 66, 67 and 71 of this Act; and

• (b) the amendments in paragraphs 5 and 20 of Schedule 5 to this Act of, respectively, section 48(2) of the Transport Act 1968 and Part III of Schedule 1 to the House of Commons Disqualification Act 1975.

• (8) In subsection (4) above, “statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the Interpretation Act 1978.

SCHEDULES 1—3

SCHEDULE 2

SCHEDULE 3

PART I — Statutory Statement of Ownership or Hiring

1

• (1) For the purposes of Part III of this Act, a statutory statement of ownership is a statement on an official form signed by the person furnishing it and stating whether he was the owner of the vehicle at the time of the alleged offence and, if he was not the owner of the vehicle at that time, whether—

• (a) he was never the owner ; or

• (b) he ceased to be the owner before, or became the owner after, that time;

and in a case within paragraph (b) above, stating, if the information is in his possession, the name and address of the person to whom, and the date on which, he disposed of the vehicle or (as the case may be) the name and address of the person from whom, and the date on which, he acquired it.

• (2) An official form for a statutory statement of ownership shall—

• (a) indicate that the person famishing the statement in response to a notice to owner relating to an offence may give notice requesting a hearing in respect of the offence in tine manner specified in the form ; and

• (b) direct the attention of any person proposing to complete the form to the information provided in accordance with paragraph 3(3) below in any official form for a statutory statement of facts.

2

• (1) For the purposes of Part III of this Act, a statutory statement of hiring is a statement on an official form, signed by the person furnishing it, being the person by whom a statement of liability was signed, and stating—

• (a) whether at the time of the alleged offence the vehicle was let to him under the hiring agreement to which the statement of liability refers ; and

• (b) if it was not, the date on which he returned the vehicle to the possession of the vehicle-hire firm concerned.

• (2) An official form for a statutory statement of hiring shall—

• (a) indicate that the person furnishing the statement in pursuance of a notice relating to an offence served under section 31 of this Act by virtue of section 45 of this Act may give notice requesting a hearing in respect of the offence in the manner specified in the form ; and

• (b) direct the attention of any person proposing to complete the form to the information provided in accordance with paragraph 3(3) below in any official form for a statutory statement of facts.

• (3) In sub-paragraph (1) above " statement of liability ", " hiring agreement" and " vehicle-hire firm " have the same meanings as in section 45 of this Act.

PART II — Statutory Statement of Facts

3

• (1) For the purposes of Part III of this Act, a statutory statement of facts is a statement on an official form, signed by the person furnishing it, which—

• (a) states that the person furnishing it was not the driver of the vehicle at the time of the alleged offence ; and

• (b) states the name and address at the time when the statement is furnished of the person who was the driver of the vehicle at the time of the alleged offence.

• (2) A statutory statement of facts has effect as a notice given by the driver requesting a hearing in respect of the offence if it is signed by the person identified in the statement as the driver of the vehicle at the time of the alleged offence.

• (3) An official form for a statutory statement of facts shall indicate—

• (a) that if a person identified in the statement as the driver of the vehicle at the time of the alleged offence signs the statement he will be regarded as having given notice requesting a hearing in respect of the offence ;

• (b) that the person on whom the notice to owner relating to the offence is served may not give notice requesting a hearing in respect of the offence on his own account if he furnishes a statutory statement of facts signed by a person so identified ; and

• (c) that if the fixed penalty is not paid before the end of the period stated in the notice to owner as the period for response to the notice, a sum determined by reference to that fixed penalty may be registered without any court hearing for enforcement as a fine against the person on whom the notice to owner is served, unless he has given notice requesting a hearing in respect of the offence ;

but that, in a case within paragraph (c) above, the sum in question may not be so registered if the person on whom the notice to owner is served furnishes a statutory statement of facts as mentioned in paragraph (b) above until two months have elapsed from the end of the period so stated without service of a summons or, in Scotland, complaint in respect of the offence on the person identified in that statement as the driver of the vehicle.

SCHEDULE 4

Part I — Provisions Inserted After Section 69 of the Transport Act 1968

Control of operating centres for goods vehicles on environmental grounds

Part II — Other Amendments of Transport Act 1968

Amendments consequential on Part I

1

In section 63 of the Transport Act 1968 (objections to grant of operators’ licences)—

• (a) in subsection (1) the words “Subject to subsection (2) of this section” shall be omitted ;

• (b) subsection (2) shall be omitted ; and

• (c) in subsection (3), for the words from “of which” to “this section” there shall be substituted the words “ for an operator’s licence ”.

2

In section 64 of that Act (grounds for objection to application for a licence under section 63 and decision of licensing authority on applications)—

• (a) at the beginning of subsection (1) there shall be inserted the words “ Subject to section 69E of this Act ” ; and

• (b) in subsection (3), after the words “subsection (4) of this section” there shall inserted the words “ and section 69B of this Act ”.

3

In section 68 of that Act (variation of operators’ licences)—

• (a) at the beginning of subsection (1) there shall be inserted the words “ Subject to section 69E of this Act ” ; and

• (b) in subsection (4), paragraph (a) shall be omitted, and for the words “the said section 63” (where first occurring) there shall be substituted the words “ section 63 of this Act ”.

4

In section 70(1)(b) of that Act (right of appeal for persons aggreived by certain directions or orders), after the words “69(1) to (7A)” there shall be inserted the words “ or 69F(1) ”.

5

In section 87(3) of that Act (inquiries by licensing authorities as to proposed exercise of powers under section 69), after “69” there shall be inserted the words “ or 69F ”.

6

In section 91 of that Act (regulations and orders for purposes of Part V)—

• (a) in paragraph (a), for the words “section 69” there shall be substituted the words “ sections 69 and 69F ” ; and

• (b) in paragraph (d), after “69” there shall be inserted the words “ or 69F ”.

7

In section 92 of that Act—

• (a) in subsection (1) (interpretation of particluar expressions used in Part V), the following definition shall be inserted at the appropriate point in alphabetical order—

• “owner”, in relation to any land in England and Wales, means a person, other than a mortgagee not in possession, who, whether in his own right or as trustee for any other person, is entitled to recieve the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let

and

• (b) at the end of subsection (3) (construction of references to directing that an operator’s licence be curtailed), there shall be added the following paragraph—

(d) that any one or more of the places specified in the licence as operating centres be removed therefrom

.

Extension of right to object

8

In section 63 of that Act (objections to grant of operators’ licences)—

• (a) in subsection (3) (persons entitled to object) the following paragraph shall be inserted after paragraph (c)—

(d) a planning authority

and

• (b) in subsection (6) the following definitions shall be inserted after the definition of “local authority”—

“planning authority” means any body other than a local authority which by virtue of any statutory provision for the time being in force is (a) in England and Wales, the local planning authority for any area for the purpose of determining applications for planning permission under Part III of the Town and Country Planning Act 1971 (general planning control) ; and (b) in Scotland, the planning authority for any area for the purpose of determining applications for planning permission under Part III of the Town and Country Planning (Scotland) Act 1972 (general planning control) ; “statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the Interpretation Act 1978 ; and

SCHEDULE 5

Road Traffic Regulation Act 1967 (c. 76)

1

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

2

In section 88 of the 1967 Act (penalty for aiding, abetting etc. commission of offences in Scotland), for the words " 43(2) or (3) or 80(8) " there shall be substituted the words " or 43(2) or (3) ".

3

In section 93 of the 1967 Act (inclusion in indictment in Scotland of certain summary offences), in subsection (2) for the words " 43(2) and (3) and 80(8)" there shall be substituted the words " and 43(2) and (3) ".

4

In section 95 of the 1967 Act (general power to hold inquiries), for the words " sections 80 and 81 " there shall be substituted the words " section 81 ".

Transport Act 1968 (c. 73)

5

• (1) The powers of the Scottish Transport Group under section 48(2) of the Transport Act 1968 shall include power to make premises held by them available for the exercise by authorised inspectors within the meaning of Part II of this Act of their functions; and, accordingly, that power shall be treated for the purposes of section 52 of the Transport Act 1968 as conferred by section 48(2).

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

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

Road Traffic Act 1972 (c. 20)

7

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

8

In section 43(6) of the 1972 Act (regulations as to tests of vehicles not subject to goods vehicle tests)—

• (a) after paragraph (a) there shall be inserted the following paragraph—

(aa) the imposition of restrictions with respect to the vehicles to be examined by inspectors appointed by any designated council;

; and

• (b) in paragraph (c), after the word " application ", in the second place where it occurs, there shall be inserted the word " examination ".

9

In section 45(6) of the 1972 Act (regulations as to examinations for plating and periodical tests of satisfactory condition of certain goods vehicles), in paragraph (h), after the word "application" there shall be inserted the word " examination ".

10

In section 50(1) of the 1972 Act (regulations for purposes of type approval requirements)—

• (a) at the end of paragraph (a) there shall be inserted the words " or designated under section 10(12) of the Transport Act 1982 ; " ; and

• (b) in paragraph (b), after the words " authorise the " there shall be inserted the word " cancellation ".

11

• (1) In section 82 of the 1972 Act (Interpretation of Part II), at the end of the definition of " official testing station " there shall be added the words " or premises designated by him under section 10(12) of the Transport Act 1982 ".

• (2) The following definition shall be inserted in that section immediately after the definition of " prescribed " —

• " prescribed testing authority " means such approved testing authority as may be prescribed ;

.

• (3) The following subsection shall be added at the end of that section as subsection (2)—

(2) References in any provision of this Part of this Act to an authorised inspector are references to a person authorised by the Secretary of State under section 8 of the Transport Act 1982 to exercise the function to which that provision relates.

.

12

In section 83(5) of the 1972 Act (sums to be paid into Consolidated Fund), for " 58(5A)" there shall be substituted " 58 ".

13

• (1) In section 93(4) of the 1972 Act (extended period of disqualification in case of certain previous convictions), for " 6(1)" there shall be substituted " 6(1)(a) ".

• (2) For the purposes of section 93(4), as amended by paragraph 3 of Schedule 9 to the Transport Act 1981 and by sub-paragraph (1) above to refer to sections 6(1)(a) and 8(7) of the 1972 Act (which are among the new provisions substituted by the Transport Act 1981 for sections 6 to 12 of the 1972 Act), a previous conviction of an offence under the corresponding provision of the old law shall be treated as a conviction of an offence under the new provision.

• (3) In the case of section 6(1)(a) of the 1972 Act, as substituted by the Transport Act 1981, the corresponding provision of the old law for the purposes of sub-paragraph (2) above is section 6(1) of the 1972 Act, as it had effect immediately before that substitution.

• (4) In the case of section 8(7) of the 1972 Act, as so substituted, the corresponding provision of the old law for those purposes is section 9(3) of the 1972 Act, as it so had effect.

14

In section 182(1) of the 1972 Act (admissibility of records as evidence)—

• (a) after the word " vehicles " there shall be inserted the words " or of any records maintained with respect to vehicles by an approved testing authority in connection with the exercise by that authority of any functions conferred on such authorities, or on that authority as such an authority, by or under any enactment " ; and

• (b) after the words " the Secretary of State " (in the last place where they occur) there shall be inserted the words " or (as the case may be) by the approved testing authority ".

15

In section 188(4) of the 1972 Act (restriction on application of sections 45 to 51 and 62 to vehicles in public service of the Crown)—

• (a) for " 51 " there shall be substituted " 51A "; and

• (b) at the end of paragraph (a) there shall be inserted the words " or of authorised inspectors under section 8 of the Transport Act 1982 ; ".

16

In section 196(1) of the 1972 Act (general interpretation provisions), the following definition shall be inserted immediately before the definition of " bridleway " —

• " approved testing authority " means a person authorised by the Secretary of State under section 8 of the Transport Act 1982 to carry on a vehicle testing business within the meaning of Part II of that Act;

.

Road Traffic (Foreign Vehicles) Act 1972 (c. 27)

17

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In section 7 of that Act (interpretation)—

• (a) in subsection (1), at the end of the definition of “official testing station” there shall be added the words “or premises designated by him under section 10(12) of the Transport Act 1982”; and

• (b) at the end of that subsection there shall be added the following subsection—

(1A) References in any provision of this Act to an authorised inspector are references to a person authorised by the Secretary of State under section 8 of the Transport Act 1982 to exercise the function to which that provision relates.

.

Road Traffic Act 1974 (c. 50)

18

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

19

In Schedule 1 to the Road Traffic Act 1974 (statutory .statements)—

• (a) in paragraphs 1, 2(1) and 3, for the words "1 to 4 " there shall be substituted the words " 2 to 4 "; and

• (b) in paragraph 3, for the words from " either " to the end there shall be substituted the following paragraphs—

(a) states that the person furnishing it was not the driver of the vehicle at the relevant time; (b) states the name and address at the time when the statement is furnished of the person who was the driver of the vehicle at the relevant time ; and (c) is signed both by the person furnishing it and by the person stated to be the driver of the vehicle at the relevant time.

.

House of Commons Disqualification Act 1975 (c. 24)

20

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 the following entry shall be inserted in the appropriate place—

Director of any company eligible for loans under section 13 of the Transport Act 1982 (loans to Government-controlled company interested in former Government testing stations).

.

Public Passenger Vehicles Act 1981 (c. 14)

21

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

22

In section 52(1)(a) of that Act (fees for grant of licence), for sub-paragraph (ii) there shall be substituted the following sub-paragraph—

(ii) applications for certificates of initial fitness under section 6 of this Act which are required by regulations to be made to a traffic commissioner and the issue of certificates on such applications;

.

23

In section 82 of that Act (general interpretation provisions)—

• (a) in subsection (1), after the definition of “prescribed” there shall be inserted the following definition—

“prescribed testing authority” means such person authorised by the Secretary of State under section 8 of the Transport Act 1982 to carry on a vehicle testing business within the meaning of Part II of that Act as may be prescribed

and

• (b) the following subsection shall be inserted after subsection (1)—

(1A) References in any provision of this Act to an authorised inspector are references to an authorised inspector under section 8 of the Transport Act 1982 and, where the function to which that provision relates is one of those specified in section 9 of that Act (testing and surveillance functions), are limited to an authorised inspector authorised under section 8 to exercise that function.

.

24

The power conferred by section 87 of that Act to repeal section 10 of that Act and certain connected provisions by order includes power to make such other amendments in that Act and such amendments in this Act as are required in consequence of the repeal.

Transport Act 1981 (c. 56)

25

. . .

26

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

SCHEDULE 6

Bus Company’s powers of disposal.

Private-sector vehicle testing.

Provisions supplementary to section 8.

Approval of public service vehicles as type vehicles by prescribed testing authority.

Fees on the notification of alterations notifiable under section 45 or 48 of the 1972 Act.

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

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

Northern Ireland.

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

Control of operating centres for goods on environmental grounds

Operating centres for authorised vehicles to be specified in operators’ licences.

69A

• (1) A person may not use a place in the area of any licensing authority as an opertaing centre for authorised vehicles under any operator’s licence granted to him by that authority unless it is specified in that licence.

• (2) A person applying for an operator’s licence shall give to the licensing authority a statement giving such particulars as the authority may require of each place in the area of the authority which will be an operating centre of the applicant if the licence is granted.

• (3) Without prejudice to section 62(4) of this Act, a person applying for an operator’s licence shall also, if he is required by the licensing authority so to do, give to him such particulars as he may require with respect to the use which the applicant proposes to make, for authorised vehicles under the licence, of any place referred to in the statement under subsection (2) of this section.

• (4) Any person who contravenes subsection (1) of this section shall be liable on summary conviction to a fine not exceeding £500.

69B

• (1) Any person entitled by virtue of section 63(3) of this Act to object to the grant of any application for an operator’s licence on the ground there mentioned may also object to the grant of any such application on the ground that any place which, if the licence is granted, will be an operating centre of the holder of the licence is unsuitable on environmental grounds for use as such.

• (2) In the case of any such application, any person who is the owner or occupier of land in the vicinity of any place which, if the licence is granted, will be an operating centre of the holder of the licence may make representations against the grant of the application on the ground that that place is unsuitable on environmental grounds for use as such, provided that any adverse effects on environmental conditions arising from that use would be capable or prejudicially affecting the use or enjoyment of the land.

• (3) Where any objection or representations are duly made under this section in respect of any application for an operator’s licence, the licensing authority may in any case refuse the application on the ground that the parking of authorised vehicles under the licence at or in the vicinity of any place which, if the licence were granted, would be an operating centre of the holder of the licence would cause adverse effects on environmental conditions in the vicinity of that place.

• (4) Where any objection or representations are duly so made in respect of any such application, the licensing authority may refuse the application, subject to subsection (5) of this section, on the ground that any place which, if the licence were granted, would be an operating centre of the holder of the licence is unsuitable for use as such on environmental grounds other than the ground mentioned in subsection (3) of this section.

• (5) A licensing authority may not refuse an appliction for an operator’s licence under subsection (4) of this section if the applicant satisfies the authority that the grant of the application will not result in any material change as regards—

• (a) the places in the area of the authority used or to be used as operating centres for authorised vehicles under any operator’s licence previously granted by the authority or under the licence applied for; or

• (b) the use of any such place already in use as an operating centre under an existing licence so granted.

• (6) Without prejudice to the power of a licensing authority to issue an operator’s licence subject to either or both of the modifications or limitations mentioned in section 64(4) of this Act, in any case where—

• (a) the authority has power to refuse an application for any such licence under subsection (3) or (4) of this section; and

• (b) any place other that a place unsuitable for use as an operating centre is referred to in the statement under section 69A(2) of this Act as a proposed operating centre of the applicant;

the authority may, instead of refusing the application, issue the licence specifying in it only such place or places referred to in that statement as are not unsuitable for use as an operating centre.

For the purposes of this subsection, a place referred to in any such statement given to a licensing authority by an applicant for an operator’s licence is unsuitable for use as an operating centre if the licensing authority has power to refuse the application under subsection (3) or (4) of this section in consequence of the proposed use of that place as an operating centre.

• (7) A request for the grant of a licence under section 67(5) of this Act pending the determination of a current application shall not be treated as an application for an operator’s licence for the purposes of this section, but in granting a licence under section 67(5) a licensing authority may specify in the licence such place or places referred to in the statement given to the authority by the applicant under section 69A(2) of this Act as the authority thinks fit.

69C

• (1) Subject to the following provisions of this section, a licensing authority may attach such conditions to an operator’s licence as appear to him to be appropriate for the purpose of preventing or minimising any adverse effects on environmental conditions arising from the use for authorised vehicles under the licence of any operating centre of the holder of the licence in the area of the authority.

• (2) The conditions which may be attached to a licence under this section shall be of such description as may be prescribed; and, without prejudice to the generality of the preceding provision, the descriptions which may be prescribed include conditions regulating—

• (a) the number, type and size of motor vehicles or trailers which may at any one time be at any operating centre of the holder of the licence in the area of the authority for any prescribed purpose;

• (b) the parking arrangements to be provided at or in the vicinity of any such centre; and

• (c) the hours at which operations of any prescribed description may be carried on at any such centre.

• (3) Subject to subsection (4) of this section, the licensing authority by whom an operator’s licence was granted may at any time vary or remove any condition attached to the licence under this section.

• (4) The power to attach a condition to an operator’s licence under this section shall be exercisable by a licensing authority on granting the licence; and that power, and the power to vary or remove any condition so attached, shall also be exercisable inaccordance with section 69D of this Act on an application by the holder for variation of the licence.

• (5) Where a licensing authority is precluded by section 69B(5) of this Act from refusing an application for an operator’s licence, the authority may not attach any condition to the licence under this section without first giving the applicant for the licence an opportunity to make representations to the authority with respect to the effect on his business of any condition the authority proposes to attach; and where the applicant makes any such representations the authority shall give special consideration to those representations in determining whether to attach the proposed condition on granting the licence.

• (6) Any person who contravenes any condition attached under this section to a licence of which he is the holder shall be liable on summary conviction to a fine not exceeding £500.

69D

• (1) Subject to section 69E of this Act, on the application of the holder of an operator’s licence, the licensing authority by whom the licence was granted may at any time while it is in force vary the licence by directing—

• (a) that a new place shall be specified in the licence as an operating centre of the holder of the licence, or that any place so specified shall cease to be so specified; or

• (b) that any condition attached to the licence under section 69C of this Act shall be varied or removed.