Legalize / United Kingdom / Public General Act

Road Traffic Regulation Act 1984

Type Public General Act

Publication 1984-06-26

Last updated 2026-03-11

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(5) The presumption in subsection (2) above shall not apply in any proceedings brought against any person as being the owner of the vehicle at the relevant time if, in those proceedings, it is proved—

(a) that at the relevant time the vehicle was in the possession of some other person without the consent of the accused, or

(b) that the accused was not the owner of the vehicle at the relevant time and that he has a reasonable excuse for failing to comply with the notice under section 108 of this Act served on him in accordance with subsection (3) above.

108

(1) A notice under this section shall be in the prescribed form, shall give particulars of the excess charge and shall provide that, unless the excess charge is paid before the expiry of the appropriate period, the person on whom the notice is served—

(a) is required, before the expiry of that period, to furnish to the authority or chief officer of police by or on behalf of whom the notice was served a statutory statement of ownership (as defined in Part I of Schedule 8 to this Act), and

(b) is invited, before the expiry of that period, to furnish to that authority or chief officer of police a statutory statement of facts (as defined in Part II of that Schedule).

(2) If, in any case where—

(a) a notice under this section has been served on any person, and

(b) the excess charge specified in the notice is not paid within the appropriate period,

the person so served fails without reasonable excuse to comply with the notice by furnishing a statutory statement of ownership he shall be guilty of an offence.

(3) If, in compliance with or in response to a notice under this section 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 guilty of an offence.

(4) Where a notice under this section has been served on any person in respect of any excess charge—

(a) payment of the charge by any person before the date on which proceedings are begun for the excess charge offence, or, as the case may be, for an offence under subsection (2) above in respect of a failure to comply with the notice, shall discharge the liability of that or any other person (under this or any other enactment) for the excess charge offence or, as the case may be, for the offence under subsection (2) above;

(b) conviction of any person of the excess charge offence shall discharge the liability of any other person (under this or any other enactment) for that offence and the liability of any person for an offence under subsection (2) above in respect of a failure to comply with the notice; and

(c) conviction of the person so served of an offence under subsection (2) above in respect of a failure to comply with the notice shall discharge the liability of any person for the excess charge offence;

but, except as provided by this subsection, nothing in section 107 of this Act or this section shall affect the liability of any person for the excess charge offence.

109

(1) This section shall apply where—

(a) a notice under section 108 of this Act has been served on a vehicle-hire firm, and

(b) at the relevant time 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.

(2) Where this section applies, it shall be a sufficient compliance with the notice served on the vehicle-hire firm if the firm furnishes to the chief officer of police or local authority by or on behalf of whom the notice was served a statement in the prescribed form, signed by or on behalf of the vehicle-hire firm, stating that at the relevant time 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 in the prescribed form, signed by the hirer under that hiring agreement;

and accordingly, in relation to the vehicle-hire firm on whom the notice was served, the reference in section 108(2) of this Act to a statutory statement of ownership shall be construed as a reference to a statement under this subsection together with the documents specified in paragraphs (a) and (b) above.

(3) If, in a case where this section applies, the vehicle-hire firm has complied with the notice served on the firm by furnishing the statement and copies of the documents specified in subsection (2) above, then sections 107 and 108 of this Act shall have effect as if in those provisions—

(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.

(4) Where, in compliance with a notice under section 108 of this Act, a vehicle-hire firm has furnished copies of a hiring agreement and statement of liability as mentioned in subsection (2) above, a person authorised in that behalf by the chief officer of police or local authority to whom the documents are furnished may, at any reasonable time within 6 months after service of that notice, and on production of his authority, require the production by the firm of the originals of those documents; and if, without reasonable excuse, a vehicle-hire firm fails to produce the original of a document when required to do so under this subsection, the firm shall be treated as not having complied with the notice under section 108 of this Act.

(5) 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 6 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 specified in it.

(6) In this section “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 excess charge which, during the currency of the hiring agreement, may be incurred with respect to the vehicle in pursuance of an order under sections 45 and 46 of this Act.

(7) 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.

110

(1) Proceedings in England or Wales for an offence under section 108(3) of this Act 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 3 years after the commission of the offence.

(2) Proceedings in Scotland for an offence to which subsection (1) above applies shall not be commenced after the expiry of the period of 3 years from the commission of the offence; but, subject to the foregoing limitation, and notwithstanding anything in section 136 of the Criminal Procedure (Scotland) Act 1995, any such proceedings may be commenced at any time within 6 months after the date on which evidence sufficient in the opinion of the Lord Advocate to justify the proceedings came to his knowledge or, where such evidence was reported to him by a local authority, within 6 months after the date on which it came to their knowledge; and subsection (3) of the said section 136 shall apply for the purposes of this subsection as it applies for the purpose of that section.

(3) For the purposes of subsections (1) and (2) above a certificate signed by or on behalf of the prosecutor or, as the case may be, the Lord Advocate or the local authority, and stating the date on which evidence such as is mentioned in the subsection in question came to his or their knowledge, shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

(4) Where any person is charged with the offence of failing to pay an excess charge, and the prosecutor produces to the court any of the statutory statements in Schedule 8 to this Act or a copy of a statement of liability (within the meaning of section 109 of this Act) purporting—

(a) to have been furnished in compliance with or in response to a notice under section 108 of this Act, and

(b) to have been signed by the accused,

the statement 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.

111

(1) The provisions of Schedule 8 to this Act shall have effect for the purposes of sections 107 to 109 of this Act (in this section referred to as “the specified sections”).

(2) In the specified sections—

“appropriate period”, in relation to a notice under section 108 of this Act, means the period of 14 days from the date on which the notice is served, or such longer period as may be specified in the notice or as may be allowed by the chief officer of police or authority by or on behalf of whom the notice is served;

“driver”, in relation to an excess charge and in relation to an offence of failing duly to pay such a charge, means the person driving the vehicle at the time when it is alleged to have been left in the parking place concerned;

“relevant time”, in relation to an excess charge, means the time when the vehicle was left in the parking place concerned, notwithstanding that the period in respect of which the excess charge was incurred did not begin at that time.

(3) For the purposes of the specified sections the owner of a vehicle shall be taken to be the person by whom the vehicle is kept; and for the purpose of determining, in the course of any proceedings brought by virtue of the specified sections, who was the owner of the 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.

(4) Notwithstanding the presumption in subsection (3) 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 it shall be open to the prosecution to prove that the vehicle was kept by some other person at that time.

(5) A notice under section 108 of this Act 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.

(6) For the purposes of subsection (5) above and of section 7 of the Interpretation Act 1978 (references to service by post) in its application to that subsection, the proper address of any person on whom such a notice is to be served—

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

(b) shall in any other case be the last known address of the person to be served.

(7) 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 Vehicle Excise and Registration Act 1994; and, in relation to any such person, the reference in subsection (6)(a) above to that person’s registered address is a reference to the address recorded in the record kept under the Act with respect to that vehicle as being that person’s address.

(8) For the purposes of sections 1(2) and 2(1) of the Magistrates’ Courts Act 1980 (power to issue summons or warrant and jurisdiction to try offences), any offence under subsection (2) of section 108 of this Act shall be treated as committed at any address which at the time of service of the notice under that section to which the offence relates was the accused’s proper address (in accordance with subsection (6) above) for the service of any such notice as well as at the address to which any statutory statement furnished in response to that notice is required to be returned in accordance with the notice.

Part IX — Further Provisions as to Enforcement

General provisions

112

(1) This section applies to any offence under any of the foregoing provisions of this Act except—

(a) sections 43, 52, 88(7), 104, 105 and 108;

(b) the provisions of subsection (2) or (3) of section 108 as modified by subsections (2) and (3) of section 109; and

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

(a) the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give—

(i) by or on behalf of a chief officer of police, or

(ii) in the case of an offence under section 35A(1) or against section 47 of this Act, by or on behalf of a chief officer of police or, in writing, by or on behalf of the local authority for the parking place in question; and

(b) any other person shall, if required as mentioned in paragraph (a) above, give any information which it is in his power to give and which may lead to the identification of the driver.

(3) In subsection (2) above, references to the driver of a vehicle include references to the person riding a bicycle or tricycle (not being a motor vehicle); and—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in relation to an offence under section 61(5) of this Act, subsection (2)(a) above shall have effect as if, for sub-paragraphs (i) and (ii), there were substituted the words “by a notice in writing given to him by a local authority in whose area the loading area in question is situated”,

and in subsection (2)(a) above, as modified by paragraph (b) of this subsection, “local authority” means any of the following, that is to say, a county council, . . . , a district council, a London borough council and the Common Council of the City of London.

(4) Except as provided by subsection (5) below, a person who fails to comply with the requirements of subsection (2)(a) above shall be guilty of an offence unless he shows to the satisfaction of the court that he did not know, and could not with reasonable diligence have ascertained, who was the driver of the vehicle or, as the case may be, the rider of the bicycle or tricycle; and a person who fails to comply with the requirements of subsection (2)(b) above shall be guilty of an offence.

(5) As regards Scotland, subsection (4) above shall not apply where the offence of which the driver of the vehicle is alleged to be guilty is an offence under section 61(5) of this Act.

113

115

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

(a) uses, or lends to, or allows to be used by, any other person,—

(i) any parking device or apparatus designed to be used in connection with parking devices;

(ii) any ticket issued by a parking meter, parking device or apparatus designed to be used in connection with parking devices;

(iii) any authorisation by way of such a certificate, other means of identification or device as is referred to in any of sections 4(2), 4(3), 7(2) and 7(3) of this Act; or

(iv) any such permit or token as is referred to in section 46(2)(i) of this Act;

(b) makes or has in his possession anything so closely resembling any such thing as is mentioned in paragraph (a) above as to be calculated to deceive; or

(2) A person who knowingly makes a false statement for the purpose of procuring the grant or issue to himself or any other person of any such authorisation as is mentioned in subsection (1) above shall be guilty of an offence.

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Summary proceedings in Scotland for an offence under this section may be brought—

(a) within a period of 6 months from the date of the commission of the alleged offence, or

(b) within a period which exceeds neither 3 months from the date in which it came to the knowledge of the procurator fiscal that the offence had been committed nor one year from the date of the commission of the offence,

whichever period is the longer.

116

(1) If any person authorised in that behalf by or under a designation order has reasonable cause to believe that a document or article carried on a vehicle, or by the driver or person in charge of a vehicle, is a document or article in relation to which an offence has been committed under subsection (1) of section 115 of this Act (so far as that subsection relates to such authorisations as are referred to in it) or under subsection (2) of that section, he may detain that document or article, and may for that purpose require the driver or person in charge of the vehicle to deliver up the document or article; and if the driver or person in charge of the vehicle fails to comply with that requirement, he shall be guilty of an offence.

(2) When a document or article has been detained under subsection (1) above and—

(a) at any time after the expiry of 6 months from the date when that detention began no person has been charged since that date with an offence in relation to the document or article under subsection (1) or (2) of section 115 of this Act, and

(b) the document or article has not been returned to the person to whom the authorisation in question was issued or to the person who at that date was the driver or person in charge of the vehicle,

then, on an application made for the purpose to a magistrates’ court (or, in Scotland, on a summary application made for the purpose to the sheriff court), the court shall make such order respecting disposal of the document or article and award such costs (or, in Scotland, expenses) as the justice of the case may require.

(3) Any of the following, but no other, persons shall be entitled to make an application under subsection (2) above with respect to a document or article, that is to say—

(a) the person to whom the authorisation was issued;

(b) the person who, at the date when the detention of the document or article began, was the driver or person in charge of the vehicle; and

117

(1) A person who at any time acts in contravention of, or fails to comply with, any provision of an order under this Act relating to the parking of motor vehicles is also guilty of an offence under this subsection if at that time—

(a) there was displayed on the motor vehicle in question a badge purporting to be in valid form, within the meaning given by section 21(1A) of the Chronically Sick and Disabled Persons Act 1970, and

(b) he was using the vehicle in circumstances where a disabled person’s concession would be available to a disabled person’s vehicle,

but he shall not be guilty of an offence under this subsection if the badge was issued under that section and displayed in accordance with regulations made under it.

(1ZA) In subsection (1) in its application to the use of a vehicle in England and Wales, the reference to a badge issued under section 21 of the Chronically Sick and Disabled Persons Act 1970 is to be read as not including a badge that—

(a) should have been returned to the issuing authority in compliance with regulations under subsection (6) of that section or a notice under subsection (7A)(b) of that section, or

(b) has been cancelled under subsection (7AB) of that section.

(1A) A person who at any time acts in contravention of, or fails to comply with, any provision of an order under this Act relating to the parking of motor vehicles is also guilty of an offence under this subsection if at that time—

(a) there was displayed on the motor vehicle in question a badge purporting to be a recognised badge, and

(b) he was using the vehicle in circumstances where a concession would, by virtue of section 21B of the Chronically Sick and Disabled Persons Act 1970, be available to a vehicle lawfully displaying a recognised badge,

but he shall not be guilty of an offence under this subsection if the badge was a recognised badge and displayed in accordance with regulations made under section 21A of that Act.

(3) In this section—

. . .

“disabled person’s concession” means—an exemption from an order under this Act given by reference to disabled persons’ vehicles; ora provision made in any order under this Act for the use of a parking place by disabled persons’ vehicles.

“recognised badge” has the meaning given in section 21A of the Chronically Sick and Disabled Persons Act 1970.

118

Special provisions relating to Scotland

119

As respects Scotland, a person who aids, abets, counsels, procures or incites any other person to commit an offence against the provisions of this Act or any regulations made under it shall be guilty of an offence and shall be liable on conviction to the same punishment as might be imposed on conviction of the first-mentioned offence.

120

Part X — General and Supplementary Provisions

121A

(1) The Secretary of State is the traffic authority—

(a) for every highway in England and Wales for which he is the highway authority within the meaning of the Highways Act 1980, and

(b) for every road in Scotland in relation to which he exercises functions relating to the matters reserved by paragraph (c) of Section E1 of Schedule 5 to the Scotland Act 1998.

(1AA) The roads authority (as defined in section 151(1) of the Roads (Scotland) Act 1984) is the traffic authority for every road in Scotland.

(1AB) A strategic highways company is the traffic authority for every highway for which it is the highway authority within the meaning of the Highways Act 1980.

(1A) The Scottish Ministers are the traffic authority for every road in Scotland for which they are the roads authority within the meaning of the Roads (Scotland) Act 1984.

(1A) Transport for London is the traffic authority for every GLA road.

(2) In Greater London, the council of the London borough or the Common Council of the City of London are the traffic authority for all roads in the borough or, as the case may be, in the City which are not GLA roads and for which the Secretary of State or a strategic highways company is not the traffic authority.

(3) In England and Wales outside Greater London, the council of the county or metropolitan district are the traffic authority for all roads in the county or, as the case may be, the district for which the Secretary of State or a strategic highways company is not the traffic authority.

(4) In Scotland, the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 are the traffic authority in relation to all roads within their area for which the Secretary of State is not the traffic authority.

(5) In this Act “local traffic authority” means a traffic authority other than

(a) in relation to England and Wales, the Secretary of State or a strategic highways company; or

(b) in relation to Scotland, the Secretary of State or the Scottish Ministers.

121B

(1) No London borough council shall exercise any power under this Act in a way which will affect, or be likely to affect,—

(a) a GLA road, or

(aa) a strategic road,

(b) a road in another London borough, other than a GLA road or strategic road

unless the requirements of subsections (2) and (3) below have been satisfied.

(2) The first requirement is that the council has given notice of the proposal to exercise the power in the way in question—

(a) to Transport for London; and

(b) in a case where the road concerned is in another London borough, to the council for that borough.

(3) The second requirement is that—

(a) the proposal has been approved

(i) in the case of a GLA road, by Transport for London;

(ii) in the case of a strategic road, by Transport for London and, where the road concerned is in another London borough, the council for that borough;

(iii) in the case of a road within subsection (1)(b), by the London borough council concerned; or

(b) the period of one month beginning with the date on which Transport for London and, where applicable, the council received notice of the proposal has expired without Transport for London or the council having objected to the proposal; or

(d) where an objection has been made by Transport for London or a London borough council and not withdrawn, the Greater London Authority has given its consent to the proposal after consideration of the objection.

(3A) References in paragraphs (b) to (d) of subsection (3) to objections are to objections made by a person who, in the circumstances, has the power to give an approval under paragraph (a) of that subsection.

(4) Before deciding whether to give any consent for the purposes of subsection (3)(d) above, the Greater London Authority may cause a public inquiry to be held.

(5) If Transport for London has reason to believe—

(a) that a London borough council is proposing to exercise a power under this Act in a way which will affect, or be likely to affect,

(i) a GLA road,

(ii) a strategic road, or

(iii) a road in another London borough other than a GLA road or strategic road, and

(b) that notice of the proposal is required to be, but has not been, given in accordance with subsection (2) above,

Transport for London may give a direction to the council requiring it not to proceed with the proposal until the requirements of subsections (2) and (3) above have been satisfied.

(6) If a London borough council exercises any power in contravention of this section, Transport for London may take such steps as it considers appropriate to reverse or modify the effect of the exercise of that power.

(7) For the purposes of subsection (6) above, Transport for London shall have power to exercise any power of the London borough council on behalf of that council.

(8) Any reasonable expenses incurred by Transport for London in taking any steps under subsection (6) above shall be recoverable by Transport for London from the London borough council concerned as a civil debt.

(9) The Mayor of London may issue a direction dispensing with the requirements of subsections (2) and (3) above in such circumstances as may be specified in the direction.

(10) A direction under subsection (9) above may, in particular, dispense with those requirements as respects—

(a) all or any of the London borough councils;

(b) all or any of the GLA roads or strategic roads ;

(d) the exercise of such powers as may be specified in the direction in such manner or circumstances as may be so specified.

(11) Any direction under subsection (9) above may be varied or revoked by a further direction under that subsection.

(12) For the purposes of this section—

(a) the City of London shall be treated as if it were a London borough;

(b) the Common Council shall be treated as if it were the council for a London borough; and

(13) In this section “ strategic road ” has the meaning given by section 60 of the Traffic Management Act 2004.

121C

(1) The functions of the Greater London Authority under this Act shall be functions of the Authority which are exercisable by the Mayor of London acting on behalf of the Authority.

(2) Subsection (1) above does not apply in relation to any function expressly conferred or imposed on, or made exercisable by, the London Assembly.

122

(1) It shall be the duty of every strategic highways company and local authority upon whom functions are conferred by or under this Act, so to exercise the functions conferred on them by this Act as (so far as practicable having regard to the matters specified in subsection (2) below) to secure the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians) and the provision of suitable and adequate parking facilities on and off the highway or, in Scotland the road.

(2) The matters referred to in subsection (1) above as being specified in this subsection are—

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

(b) the effect on the amenities of any locality affected and (without prejudice to the generality of this paragraph) the importance of regulating and restricting the use of roads by heavy commercial vehicles, so as to preserve or improve the amenities of the areas through which the roads run;

(bb) the strategy prepared under section 80 of the Environment Act 1995 (national air quality strategy);

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

(d) any other matters appearing to the strategic highways company or ... the local authority ... to be relevant.

(3) The duty imposed by subsection (1) above is subject to the provisions of Part II of the Road Traffic Act 1991.

122A

(1) Any power under this Act to make an order or give a direction may be exercised before the road to which it relates is open for public use, so as to take effect immediately on the road’s becoming open for public use.

(2) The procedure for making an order or giving a direction applies in such a case with such modifications as may be prescribed.

Supplementary provisions as to orders under s. 6.

123

124

(1) The provisions of Parts I to VI of Schedule 9 to this Act shall have effect as follows in relation to the making, variation, revocation and validity of orders under the provisions of this Act mentioned in Parts I to VI of that Schedule, that is to say—

(a) Part I of that Schedule shall have effect for the purpose of conferring on the national authority powers in relation to the making of orders under the provisions of this Act mentioned in that Part of the Schedule;

(b) Part II of that Schedule shall have effect for requiring the consent of the national authority to certain orders and for making provision as to the manner of giving such consent;

(d) Part IV of that Schedule shall have effect with respect to the variation or revocation of certain orders;

(e) Part V of that Schedule shall have effect for requiring consultation with traffic commissioners before orders are made under section 19 or 38(1)(a) of this Act; and

(f) part VI of that Schedule shall have effect as to the validity of orders under sections 1, 6, 9, 19, 32, 37 and 38 of this Act and of designation orders.

(2) Any power of the Secretary of State to make an order under or by virtue of any of the following provisions of this Act, namely sections 1, 6, 9, 14 16A, 19, 29, . . .32, 35, 37, 38, 45, 46, 49(2) and (4), 50, 53, 83 and 84 shall be exercisable by statutory instrument.

(3) But‍ in relation to the exercise by the Welsh Ministers of a power to make an order under or by virtue of sections 1, 9, 14, 16A, 29 or 84—

(a) the requirement in subsection (2) to make the order by Welsh statutory instrument (see Schedule 1A to the Legislation (Wales) Act 2019 (anaw 4)) does not apply, and

(b) the Welsh Ministers’ power includes a power to make an order to revoke or vary an order previously made under or by virtue of those sections, and the requirement in subsection (2) does not apply to such an order.

124A

(1) The Secretary of State may by order designate roads or proposed roads as roads which are to be GLA side roads.

(2) Any road or proposed road so designated shall become a GLA side road on such date as may be specified in the order.

(3) A road may only be a GLA side road if it has a junction with—

(a) a GLA road; or

(b) another road which has a junction with a GLA road.

(4) A road or proposed road shall not be a GLA side road if it is a trunk road or other highway for which the Secretary of State or a strategic highways company is the highway authority.

(5) A road may only be a GLA side road if and to the extent that the appropriate authority considers it appropriate for the road to be a GLA side road in the interests of the management of traffic and the control of the waiting and loading of vehicles on or in the immediate vicinity of GLA roads.

(6) The Secretary of State may by order make provision for or in connection with applying in relation to GLA side roads, with such modifications as he thinks fit, the provisions of sections 14B and 14C of the Highways Act 1980 (orders changing what are GLA roads and certification and records of GLA roads).

(7) The provision that may be made under subsection (6) above is subject to subsections (3) to (5) above.

(8) In this section “ the appropriate authority ” means—

(a) in relation to an order under subsection (1) above, the Secretary of State;

(b) in relation to an order made under section 124B of this Act, the Mayor of London;

(c) in relation to confirmation of such an order by the Secretary of State under that section as so applied, the Secretary of State.

(9) Any reference in any provision of this Act or any other enactment to a GLA side road shall be construed as a reference to a road in Greater London which is for the time being a GLA side road by virtue of—

(a) an order made by the Secretary of State under subsection (1) above; or

(b) an order made by the Greater London Authority under section 124B of this Act.

(10) Any functions conferred or imposed on the Greater London Authority in relation to GLA side roads shall be functions of the Authority which are exercisable by the Mayor of London acting on behalf of the Authority.

(11) Subsection (10) above does not apply in relation to any functions expressly conferred on the London Assembly.

(11A) In this section, notwithstanding section 142(4) of this Act, a reference to a GLA road shall not include a reference to a GLA side road.

(12) Any power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument; and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

124B

(1) The Mayor of London shall keep under review the roads and proposed roads which have junctions with GLA roads or with other roads having such junctions and shall consider the extent to which such roads should be or cease to be GLA side roads.

(2) If the Mayor of London considers it expedient—

(a) that any road or proposed road in Greater London, other than a trunk road or other road for which the Secretary of State or a strategic highways company is the highway authority, should become a GLA side road, or

(b) that any GLA side road should cease to be such a road and should become a road for which the traffic authority is a London borough council or the Common Council of the City of London,

the Greater London Authority may by order direct that that road or proposed road shall become, or (as the case may be) that that GLA side road shall cease to be, a GLA side road as from such date as may be specified in that behalf in the order.

(3) Where an order under subsection (2) above directs that a road or proposed road shall become a GLA side road, it shall become such a road as from the date specified in that behalf in the order.

(4) Where an order under subsection (2) above directs that a GLA side road shall cease to be such a road, then, as from the date specified in that behalf in the order, the road shall cease to be a GLA side road and the following authority, that is to say—

(a) where the road is situated in a London borough, the council for the London borough, and

(b) where the road is situated in the City of London, the Common Council of the City of London,

shall become the traffic authority for the road.

(5) An order under subsection (2) above shall be of no effect unless—

(a) it is made with the consent of the relevant traffic authority; or

(b) if that consent is refused, it is confirmed (with or without modification) by the Secretary of State.

(6) For the purposes of subsection (5) above, the relevant traffic authority is—

(a) in the case of an order directing that a road or proposed road shall become a GLA side road, the authority that is the traffic authority for the road or proposed road; and

(b) in the case of an order directing that a GLA side road shall cease to be such a road, the authority that will become the traffic authority for the road in consequence of the order.

(7) An order under subsection (2) above may vary, revoke or re-enact with or without modifications—

(a) any other order under that subsection (whether or not that other order was confirmed by the Secretary of State); or

(b) an order of the Secretary of State under section 124A(1) of this Act.

(8) Where a GLA side road becomes a GLA road it shall cease to be a GLA side road.

(9) In this section, notwithstanding section 142(4) of this Act, a reference to a GLA road does not include a reference to a GLA side road.

Restrictions on traffic regulation orders.

124C

(1) A certificate by or on behalf of Transport for London that any road or proposed road is, or is not, for the time being a GLA side road shall be evidence of the facts stated in the certificate.

(2) A certificate under subsection (1) above may describe the road or proposed road in question by reference to a map.

(3) Transport for London shall prepare and maintain a record of the roads which are for the time being GLA side roads.

(4) The record required to be prepared and maintained under subsection (3) above may consist of—

(a) a list;

(b) a map; or

(5) Transport for London shall deposit a copy of that record with the Greater London Authority, each of the London borough councils and the Common Council of the City of London.

(6) Transport for London, and the Greater London Authority, each of the London borough councils and the Common Council of the City of London, shall make the record, or (as the case may be) the copies of the record deposited with them, available for inspection by the public at all reasonable hours.

(7) The record prepared and maintained by Transport for London under this section may be combined with the record which it is required to prepare and maintain under section 14C of the Highways Act 1980.

125

(1) For the purposes of sections 6(1) and (2), 9, 73, 82(2) and 84(1) and (3) of this Act, where any part of the width of a road is in Greater London, the whole width of the road shall be deemed to be in Greater London.

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

(3) The provisions referred to in subsection (2) above are sections 1(2), 9, 14, 19(1), 23(1), 29(1), . . .32(1), 57(1) and (2), 68, 82(2) and 84.

(4) In this section “local authority” means the council of a county, metropolitan district London borough, parish or community or the Common Council of the City of London . . ..

(5) This section does not extend to Scotland.

126

(1) Any power which is exercisable in relation to any road under the provisions specified in subsection (2) below, otherwise than by virtue of section 125 of this Act, shall be exercisable with respect to the whole or any part of the width of the road.

(2) The provisions referred to in subsection (1) above are sections 9, 67(3), 82, 83, 84, 88 and 92 of this Act.

127

(1) In relation to any footpath, bridleway , restricted byway or byway open to all traffic—

(a) any reference in section 2(3) or 14 of this Act to pedestrians shall be construed as including a reference to persons to whom subsection (2) below applies, and

(b) any reference in any provision of this Act (except this section) to traffic shall be construed as including a reference to pedestrians and to persons to whom that subsection applies.

(2) This subsection applies to any person driving, riding or leading a horse or other animal of draught or burden.

(3) In this section—

(a) “footpath” does not include a highway over which the public have a right of way on foot only which is at the side of a public road; and

(b) “byway open to all traffic” means a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purpose for which footpaths and bridleways are so used.

(4) For the purposes of this section a highway at the side of a river, canal or inland navigation shall not be excluded from the definition of a footpath, bridleway , restricted byway or byway open to all traffic by reason only that the public have a right to use the highway for purposes of navigation, if the highway would fall within that definition if the public had no such right.

(5) This section does not extend to Scotland.

128

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

129

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

130

(1) Subject to the provisions of this section and section 132 of this Act, the provisions of this Act specified in subsection (2) below shall apply to vehicles and persons in the public service of the Crown.

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

(a) sections 1 to 5, 9 to 16C, 21 to 26, 38, 42, 45 to 51, 52 . . . (3), 58 to 60, 62 to 67, 69 to 71, 76 to 90, 99, 100, 104, 105, 125 and 126;

(b) except in relation to vehicles and persons in the armed forces of the Crown when on duty, sections 6 to 8; and

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

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

131

(1) The relevant authority may, with the consent of the appropriate Crown authority or authorities concerned, by order direct that, subject to subsection (3) below and to such exceptions, adaptations and modifications appearing to the relevant authority to be necessary or expedient as may be specified in the order, all or any of the road traffic enactments shall apply to all Crown roads, or to any specified Crown road or Crown roads, or to Crown roads of a specified class, as they apply in relation to other roads to which the public has access.

(2) Without prejudice to the generality of subsection (1) above, but subject to subsection (3) below, any order under subsection (1) above with respect to any of the road traffic enactments may in particular include provision—

(a) for enabling functions with respect to a road exercisable under the enactment in question by the local authority or the local traffic authority to be exercised with respect to a Crown road by the appropriate Crown authority or by a particular local authority or local traffic authority;

(b) for enabling power to make an order, regulation or scheme under the enactment in question with respect to a Crown road, which would otherwise be exercisable by a local authority or local traffic authority, to be exercised instead by the relevant authority , and for requiring the consent of the relevant authority to the variation or revocation by any other authority of such an order, regulation or scheme made by the relevant authority ;

(c) for a certificate of the appropriate Crown authority or of the relevant authority that the appropriate Crown authority or relevant authority has, or has not, consented to the doing of anything for which under the order or under this section the consent of the appropriate Crown authority or (as the case may be) of the relevant authority is required to be evidence (and, in Scotland, sufficient evidence) of the facts stated;

(d) for exempting from any provision of the enactment in question persons and vehicles on a Crown road in the service of the Crown or of an agent of the Crown.

(3) No order, regulation or scheme in relation to a Crown road shall be made, varied or revoked under any of the road traffic enactments by virtue of an order under subsection (1) above except by, or with the consent of, the appropriate Crown authority.

(4) With a view to the avoidance of doubt, the road traffic enactments specified in an order under subsection (1) above may include any provision of those enactments notwithstanding that it would have applied in relation to Crown roads apart from the making of the order; and inclusion in the order of a provision which would so have applied shall not prejudice anything done under that provision in relation to a Crown road before the coming into operation of the order.

(5) Any power to make an order under subsection (1) above shall be exercisable by statutory instrument which shall be suabject to annulment in pursuance of a resolution of either House of Parliament.

(6) Subsection (1) above shall have effect without prejudice to the provisions of section 132 of this Act in relation to certain Crown roads; and nothing in this section shall prejudice any enactment (in addition to this section and that section) which relates to Crown roads.

(7) In this section and in section 132 of this Act—

(a) “appropriate Crown authority”, in relation to a Crown road—

(i) in the case of a road on land belonging to Her Majesty in right of the Crown, means the Crown Estate Commissioners or other government department having the management of that land or the relevant person ;

(ii) in the case of a road on land belonging to Her Majesty in right of the Duchy of Lancaster, means the Chancellor of the Duchy;

(iii) in the case of a road on land belonging to the Duchy of Cornwall, means such person as the Duke of Cornwall or the possessor for the time being of the Duchy of Cornwall appoints;

(iv) in the case of a road on land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that department;

and if any question arises under this paragraph as to what authority is the appropriate Crown authority in relation to any Crown road, that question shall be referred to the Treasury, whose decision shall be final;

(b) “Crown road” means a road, other than a highway or, in Scotland a public road, to which the public has access by permission granted by the appropriate Crown authority or otherwise granted by or on behalf of the Crown; and

(c) “road traffic enactments” means enactments (whether passed before or after or contemporaneously with or contained in this Act) relating to road traffic, including the lighting and parking of vehicles, and any order or other instrument having effect by virtue of any such enactment.

(8) In this section “relevant authority”—

(a) in relation to functions under this section so far as exercisable within devolved competence (within the meaning of the Scotland Act 1998), means the Scottish Ministers;

(b) otherwise, means the Secretary of State.

(9) In this section, “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.

132

(1) In the following provisions of this section, references to a Crown road are references to a Crown road of a description mentioned in subsection (1)(a) or (b) of section 22 of this Act.

(2) Subject to the following provisions of this section, section 1 of this Act, as applied for the purposes set out in section 22(2) of this Act, shall have effect so as to authorise the making of a traffic regulation order as respects any Crown road, and an order (hereafter in this section also referred to as a “traffic regulation order”) may be made under section 22(3) as respects any Crown road.

(3) The consent of the appropriate Crown authority must be given before a traffic regulation order is made by virtue of subsection (2) above as respects a Crown road.

(4) A traffic regulation order made by virtue of subsection (2) above as respects a Crown road shall not apply to vehicles or persons in the public service of the Crown except so far as is expressly provided in the order, and the inclusion of any such express provision in an order not made by the Secretary of State shall require his approval.

(5) If a traffic regulation order is or is to be made by virtue of subsection (2) above as respects a Crown road, the traffic authority may, after consultation with the appropriate Crown authority, place and maintain, or cause to be placed and maintained, such traffic signs of any type prescribed, or authorised, under section 64 of this Act as the traffic authority may consider necessary in connection with the order.

The powers conferred by this subsection shall be exercisable subject to and in conformity with any general directions given under section 65(1) of this Act, and any other power conferred by section 65 to give directions to a local traffic authority includes power to give the like directions to them as respects the Crown road , but after consultation with the appropriate Crown authority.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

132A

132AA

(1) The Secretary of State shall not exercise any of his functions in relation to the management of roads or traffic in a Royal Park in such a way as to affect a highway in Greater London unless he has consulted—

(a) the traffic authority for the highway, and

(b) Transport for London,

about the exercise of those functions in that way.

(2) The duty imposed by subsection (1) above shall not apply if it would not be reasonably practicable for the Secretary of State to consult the traffic authority or Transport for London before exercising functions; but, in such a case, as soon as practicable after so exercising functions the Secretary of State shall inform the traffic authority and Transport for London that those functions have been so exercised.

(3) A traffic authority shall not exercise any of its functions in relation to a highway in Greater London in such a way as to affect a Royal Park unless it has consulted the Secretary of State about the exercise of those functions in that way.

(4) The duty imposed by subsection (3) above shall not apply if it would not be reasonably practicable for the traffic authority to consult the Secretary of State before exercising functions; but, in such a case, as soon as practicable after so exercising functions the highway authority shall inform the Secretary of State that those functions have been so exercised.

(5) In this section “ Royal Park ” means any park to which the Parks Regulation Act 1872 applies (see sections 1 and 3 of the Parks Regulation (Amendment) Act 1926).

133

(1) Subsection (3) of section 130 of this Act shall have effect in relation to motor vehicles used for salvage purposes pursuant to Part IX of the Merchant Shipping Act 1995 as it has effect in relation to vehicles used for naval, military or air force purposes while being driven as mentioned in that subsection.

(2) In this section “salvage” means the preservation of a vessel which is wrecked, stranded or in distress, or the lives of persons belonging to, or the cargo or apparel of, such a vessel.

134

(1) Any power conferred by this Act on the Secretary of State or on the Lord Chancellor, ... to make regulations shall be exercisable by statutory instrument.

(2) Before making any regulations under any provision of this Act except sections ... 103(1), 104, 108 to 110, Schedule 4, Schedule 8 and Schedule 12, the Secretary of State... shall consult with such representative organisations as he ... fit.

(3) A statutory instrument whereby any such power as is mentioned in subsection (1) above is exercised (other than the power conferred by sections 86, 97 , 101B or 140 of this Act) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3A) Before making regulations under section 25, 64 or 87(1)(b) the Secretary of State must consult with the Scottish Ministers.

(3B) Before making regulations under section 25 or 64 the Secretary of State must consult with the Welsh Ministers.

(4) Regulations madeby the Secretary of State under section 86 or section 140 of this Act shall not have effect unless approved by a resolution of each House of Parliament.

(5) No regulations shall be made under section 97 or section 101B of this Act unless a draft has been laid before Parliament and has been approved by a resolution of each House of Parliament.

(6) Regulations made by the Scottish Ministers under this Act (except section 86) are subject to the negative procedure.

(7) Before making regulations under section 25, 64 or 87(1)(b) the Scottish Ministers must consult with the Secretary of State.

(8) Before making regulations under this Act, except section 82(1)(b), the Scottish Ministers must consult with such representative organisations as they think fit.

(9) Any power conferred by this Act on the Welsh Ministers to make regulations is exercisable by statutory instrument.

(10) Before making regulations under a provision of this Act (except sections 103(1), 108 to 110, Schedule 4, Schedule 8 and Schedule 12), the Welsh Ministers must consult with such representative organisations as they think fit.

(11) A statutory instrument containing regulations made by the Welsh Ministers under this Act (except section 86) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(12) Regulations made by the Welsh Ministers under section 86 do not have effect unless approved by a resolution of the National Assembly for Wales.

(13) Before making regulations under section 25 or 64 the Welsh Ministers must consult with the Secretary of State.

135

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

(2) Subsection (1) above shall have effect without prejudice to the operation of section 265 of the Local Government Act 1972 (which relates to the application of that Act to the Isles of Scilly) or of any order made under that section.

136

(1) In this Act, subject to section 20 of the Chronically Sick and Disabled Persons Act 1970 (which makes special provision with respect to invalid carriages), “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, and “trailer” means a vehicle drawn by a motor vehicle.

(2) In this Act “motor car” means a mechanically propelled vehicle, not being a motor cycle or an invalid carriage, which is constructed itself to carry a load or passengers and of which the weight unladen—

(a) if it is constructed solely for the carriage of passengers and their effects, is adapted to carry not more than 7 passengers exclusive of the driver, and is fitted with tyres of such type as may be specified in regulations made by the Secretary of State, does not exceed 3050 kilograms;

(b) if it is constructed or adapted for use for the conveyance of goods or burden of any description, does not exceed 3050 kilograms (or 3500 kilograms if the vehicle carries a container or containers for holding, for the purposes of its propulsion, any fuel which is wholly gaseous at 17·5 degrees Celsius under a pressure of 1·013 bar or plant and materials for producing such fuel); or

(3) In this Act “heavy motor car” means a mechanically propelled vehicle, not being a motor car, which is constructed itself to carry a load or passengers and of which the weight unladen exceeds 2540 kilograms.

(4) In this Act (except for the purposes of sections 57 and 63) “motor cycle” means a mechanically propelled vehicle (not being an invalid carriage) with fewer than 4 wheels, of which the weight unladen does not exceed 410 kilograms.

(5) In this Act “invalid carriage” means a mechanically propelled vehicle of which the weight unladen does not exceed 254 kilograms and which is specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical default or disability and is used solely by such a person.

(6) In this Act “motor tractor” means a mechanically propelled vehicle which is not constructed itself to carry a load, other than excepted articles, and of which the weight unladen does not exceed 7370 kilograms.

(7) In this Act “light locomotive” and “heavy locomotive” mean a mechanically propelled vehicle which is not constructed itself to carry a load, other than excepted articles, and of which the weight unladen—

(a) in the case of a light locomotive, exceeds 7370 but does not exceed 11690 kilograms, and

(b) in the case of a heavy locomotive, exceeds 11690 kilograms.

(8) In subsections (6) and (7) above “excepted articles” means any of the following, that is to say, water, fuel, accumulators and other equipment used for the purpose of propulsion, loose tools and loose equipment.

137

(1) A sidecar attached to a motor vehicle shall, if it complies with such conditions as may be specified in regulations made by the Secretary of State, be regarded as forming part of the vehicle to which it is attached and not as being a trailer.

(2) For the purposes of section 136 of this Act, in a case where a motor vehicle is so constructed that a trailer may by partial superimposition be attached to the vehicle in such a manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle, that vehicle shall be deemed to be a vehicle itself constructed to carry a load.

(3) For the purposes of that section, in the case of a motor vehicle fitted with a crane, dynamo, welding plant or other special appliance or apparatus which is a permanent or essentially permanent fixture, the appliance or apparatus shall not be deemed to constitute a load or goods or burden of any description, but shall be deemed to form part of the vehicle.

(4) The Secretary of State may by regulations vary any of the maximum or minimum weights specified in section 136 of this Act; and such regulations may have effect—

(a) either generally or in the case of vehicles of any class specified in the regulations, and

(b) either for the purposes of this Act and of all regulations made under it or for such of those purposes as may be so specified.

(5) Nothing in section 86 of this Act shall be construed as limiting the powers conferred by subsection (4) above.

138

(1) Subject to subsections (4) to (7) below, in this Act “heavy commercial vehicle” means any goods vehicle which has an operating weight exceeding 7.5 tonnes.

(2) The operating weight of a goods vehicle for the purposes of this section is—

(a) in the case of a motor vehicle not drawing a trailer, or in the case of a trailer, its maximum laden weight;

(b) in the case of an articulated vehicle, its maximum laden weight (if it has one) and otherwise the aggregate maximum laden weight of all the individual vehicles forming part of that articulated vehicle; and

(c) in the case of a motor vehicle (other than an articulated vehicle) drawing one or more trailers, the aggregate maximum laden weight of the motor vehicle and the trailer or trailers attached to it.

(3) In this section—

“articulated vehicle” means a motor vehicle with a trailer so attached to it as to be partially superimposed upon it;

“goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods or burden of any description, or a trailer so constructed or adapted;

“trailer” means any vehicle other than a motor vehicle;

and references to the maximum laden weight of a vehicle are references to the total laden weight which must not be exceeded in the case of that vehicle if it is to be used in Great Britain without contravening any regulations for the time being in force under section 41 of the Road Traffic Act 1988 (construction and use regulations).

(4) The Secretary of State may by regulations amend subsections (1) and (2) above (whether as originally enacted or as previously amended under this subsection)—

(a) by substituting weights of a different description for any of the weights there mentioned, or

(b) in the case of subsection (1) above, by substituting a weight of a different description or amount, or a weight different both in description and amount, for the weight there mentioned.

(5) Different regulations may be made under subsection (4) above for the purposes of different provisions of this Act and as respects different classes of vehicles or as respects the same class of vehicles in different circumstances and as respects different times of the day or night and as respects roads in different localities.

(6) Regulations made under subsection (4) above shall not so amend subsection (1) above that there is any case in which a goods vehicle whose operating weight (ascertained in accordance with subsection (2) above as originally enacted) does not exceed 7·5 tonnes is a heavy commercial vehicle for any of the purposes of this Act.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary provisions as to orders under s. 6.

139

(1) For the purposes of this Act, a hovercraft—

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

(b) shall be treated, subject to subsection (2) below, as not being a vehicle of any of the classes defined in subsections (2) to (7) of section 136 of this Act.

(2) The Secretary of State may by regulations provide—

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

(b) that any such provision, which would not otherwise apply to hovercraft, shall apply to them subject to such modifications (if any) as may be so specified.

(3) In this section “hovercraft” has the same meaning as in the Hovercraft Act 1968.

140

(1) For the purposes of this Act—

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

(b) any other mechanically propelled vehicle controlled by a pedestrian which may be specified by regulations made by the Secretary of State for the purposes of this section and of section 189 of the Road Traffic Act 1988; and

shall be treated as not being a motor vehicle.

(2) In this section “controlled by a pedestrian” means that the vehicle either—

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

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

141 141A

(1) The Secretary of State may by regulations provide that such of the provisions mentioned in subsection (2) below as are specified in the regulations shall not apply, or shall apply with modifications—

(a) to all tramcars or to tramcars of any specified class, or

(b) to all trolley vehicles or to trolley vehicles of any specified class.

(2) The provisions referred to in subsection (1) above are the provisions of sections 1 to 14 16A to 16C, 18 and 81 to 89 of this Act.

(3) Regulations under this section—

(a) may make different provision for different cases,

(b) may include such transitional provisions as appear to the Secretary of State to be necessary or expedient, and

(c) may make such amendments to any special Act as appear to the Secretary of State to be necessary or expedient in consequence of the regulations or in consequence of the application to any tramcars or trolley vehicles of any of the provisions mentioned in subsection (2) above.

(4) In this section—

“special Act” means a local Act of Parliament passed before the commencement of this section which authorises or regulates the use of tramcars or trolley vehicles;

“tramcar” includes any carriage used on any road by virtue of an order under the Light Railways Act 1896; and

“trolley vehicle” means a mechanically propelled vehicle adapted for use on roads without rails under power transmitted to it from some external source (whether or not there is in addition a source of power on board the vehicle).

Hovercraft.

142

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

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

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

“credit card” and “debit card” have the meanings given by section 35A(6) of this Act;

“designation order” means an order under section 45 of this Act (including any order so made by virtue of section 50(1) of this Act) and “designated parking place” means a parking place designated by a designation order;

“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;

“disabled person’s vehicle” means a vehicle lawfully displaying a disabled person’s badge;

“driver”, where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle, and “drive” and “driving” shall be construed accordingly;

“excess charge” has the meaning assigned to it by section 46(1) of this Act;

“experimental traffic order” has the meaning assigned to it by section 9(1) of this Act;

except in section 71(2) of this Act, “footpath” means a way over which the public has a right of way on foot only;

“GLA road” (subject to subsection (4) below) has the same meaning as in the Highways Act 1980 (see sections 329(1) and 14D(1) of that Act);

“GLA side road” shall be construed in accordance with section 124A(9) of this Act;

“initial charge” has the meaning assigned to it by section 46(1) of this Act;

“magistrates’ court” has the same meaning as in the Magistrates’ Courts Act 1980;

“national authority”—in relation to a function so far as exercisable within devolved competence, within the meaning of the Scotland Act 1998, means the Scottish Ministers; in relation to Wales, means the Welsh Ministers; otherwise, means the Secretary of State

subject to section 111(3) and (4) of, and paragraph 11(2) and (3) of Schedule 12 to, this Act, “owner”, in relation to a vehicle which is subject to a hiring agreement or hire-purchase agreement, means the person in possession of the vehicle under that agreement;

“off-street parking accommodation” means parking accommodation for motor vehicles off the highway or, in Scotland, off the road;

“parking device” has the meaning assigned to it by section 35(3B) or, as the case may be, section 51(4) of this Act;

“parking meter” has the meaning assigned to it by section 46(2)(a) of this Act;

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

“public road” has the same meaning as in the Roads (Scotland) Act 1984;

“public service vehicle” has the same meaning as in the Public Passenger Vehicles Act 1981;

“restricted byway” has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000;

“road”— in England and Wales, means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes, andin Scotland, has the same meaning as in the Roads (Scotland) Act 1984;

“special road”, in England and Wales, has the same meaning as in the Highways Act 1980, and in Scotland has the same meaning as in the Roads (Scotland) Act 1984;

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

“strategic highways company” means a company appointed under section 1 of the Infrastructure Act 2015;

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

“traffic authority” and “local traffic authority” have the meaning given by section 121A of this Act;

“traffic sign” has the meaning assigned to it by section 64(1) of this Act; and

“traffic regulation order” has the meaning assigned to it by section 1 of this Act.

“trunk road” has the same meaning as in the Highways Act 1980 (see section 329(1) of that Act)

(1A) In this Act—

(a) any reference to a county shall be construed in relation to Wales as including a reference to a county borough;

(b) any reference to a county council shall be construed in relation to Wales as including a reference to a county borough council; and

(c) section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.

(2) Any reference in this Act to a tricycle shall be construed as including a reference to a cycle which is not a motor vehicle and has 4 or more wheels.

(3) References in this Act to a class of vehicles or traffic (other than the references in section 17) shall be construed as references to a class defined or described by reference to any characteristics of the vehicles or traffic or to any other circumstances whatsoever.

(4) Any reference in this Act to a GLA road includes a reference to a GLA side road.

Duration of orders and notices under s.14.

143

(1) Nothing in this Act shall authorise a person to use on a road a vehicle so constructed or used as to cause a nuisance, or affect the liability, whether under statute or common law, of the driver or owner so using such a vehicle.

(2) In this section, in its application to England and Wales, “nuisance” means a public or a private nuisance.

144

(1) The transitional provisions and savings in Schedule 10 to this Act shall have effect.

(2) The enactment in this Act of the provisions specified in the first column of Schedule 11 to this Act (being re-enactments, with or without modifications, of provisions contained in the instruments specified in the corresponding entries in the second column of that Schedule, which were instruments made in the exercise of powers conferred by Acts of Parliament) shall be without prejudice to the validity of those re-enacted provisions; and any question as to their validity shall be determined as if the re-enacted provisions were contained in instruments made in the exercise of those powers.

145

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

146

Subject to sections 144 and 145 of this Act—

(a) the Acts specified in Schedule 13 to this Act shall have effect subject to the amendments specified in that Schedule; and

(b) the Acts specified in Schedule 14 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

147

(1) This Act may be cited as the Road Traffic Regulation Act 1984.

(2) This Act shall not extend to Northern Ireland.

SCHEDULE 1

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

Broken down vehicles.

14

Vehicles, or vehicles of any class, when unattended.

15

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

16

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

17

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

18

The lighting and guarding of street works.

19

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

20

Queues of persons waiting in streets.

21

Priority of entry to public vehicles.

22

For enabling any police, local or other public authority to do anything which under the order a person ought to have done and has failed to do, and to recover from the person so in default, summarily as a civil debt, the expenses of doing it.

SCHEDULE 2

1

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

2

Prescribing streets which are not to be used for traffic.

3

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

4

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

5

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

6

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

7

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

8

Making provision as to vehicles when unattended.

9

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

10

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

SCHEDULE 3

1

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

2

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

3

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

4

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

SCHEDULE 4

Part I — Provisions as to the Making of Regulations under Section 43

1

Before deciding to propose the making of regulations under section 43 of this Act with respect to any matter, the local authority shall consult with such representative organisations as they think fit and, if after such consultation they decide to make such a proposal, they shall cause to be published in the London Gazette and in one or more daily newspapers circulating throughout Greater London a notice stating that they propose to make such regulations, giving a summary of their effect, and specifying—

(a) a place at which provisional draft regulations may be inspected at all reasonable hours and from which a copy of those draft regulations may be obtained on request; and

(b) a date (not being earlier than six weeks after the date of publication of the notice) by which representations with respect to the draft regulations, which should include the grounds for any objection thereto, must be sent in writing to the local authority;

and on causing such a notice to be published the local authority shall send a copy of the notice and of the draft regulations to the Secretary of State . . . ; and the local authority shall not make any regulations in pursuance of the proposal to which the notice relates before the expiration of the period of twelve weeks beginning with the date when the notice is published.

2

As soon as may be after the date specified by the notice for the making of representations with respect to the draft regulations, the local authority shall send to the Secretary of State copies of all representations received by them by that date or, if no representations have been so received, shall inform the Secretary of State in writing of that fact.

3

In the case of any proposal, the Secretary of State may at any time before the expiration of the period of twelve weeks give to the local authority a direction in writing that, except with the consent of the Secretary of State, regulations shall not be made in pursuance of that proposal—

(a) with respect to all, or with respect to such as may be specified, of the matters to which the proposal relates; or

(b) in relation to, or to a specified part of, any specified area which has been or is proposed to be designated as a controlled area;

and on any such direction being given the Secretary of State shall cause notice thereof to be published in the London Gazette and the local authority shall comply with that direction.

4

(1) Where in the case of any proposal the Secretary of State has given a direction, he shall as soon thereafter as he is in a position to do so notify the local authority in writing with respect to each of the matters or areas to which the direction relates either—

(a) that he consents to the making of regulations with respect to that matter or in relation to that area in pursuance of that proposal; or

(b) that he is not prepared in any circumstances to consent to the making of such regulations in pursuance of that proposal; or

(c) that subject to sub-paragraph (2) below he is prepared to consider consenting to the making of such regulations in pursuance of that proposal if a revised draft is submitted to him for the purpose incorporating modifications of a specified nature or in other specified circumstances;

and before deciding the notification to be given to the local authority under this paragraph with respect to any matter or in relation to any area the Secretary of State may if he thinks fit appoint a person to hold any inquiry in connection with that matter or area, and subsections (2) to (5) of section 250 of the Local Government Act 1972 shall apply to any such inquiry as they apply to such an inquiry as is referred to in subsection (1) of that section, with the substitution for any reference to a department of a reference to the Secretary of State.

(2) The Secretary of State shall not consider any such revised draft as is referred to in sub-paragraph (1)(c) above unless he is satisfied that the local authority—

(a) have taken appropriate steps to inform any persons affected by the modifications incorporated in the revised draft of the nature of those modifications and have afforded those persons a reasonable opportunity to make representations with respect to the revised draft regulations; and

(b) have supplied the Secretary of State with copies of any such representations made.

5

(1) In the case of any proposal, the local authority may if they think fit at any time after the expiration of the period of twelve weeks make regulations in pursuance of that proposal with respect to any matter or in relation to any area which is not the subject of a direction under paragraph 3, or which is the subject of a consent under paragraph 4(1)(a) above, being regulations either—

(a) in the form of the provisional draft with any modifications necessary in consequence of any such direction with respect to any other matter or area; or

(b) subject to sub-paragraph (2) below, in the form of that draft modified in such manner as the local authority think fit, whether as a result of any representations to which paragraph 2 above applies or otherwise.

(2) The local authority shall not make any regulations by virtue of subparagraph (1)(b) above unless a draft of the regulations in the form in which they are to be made has been submitted to the Secretary of State and the Secretary of State has given his consent to their being made.

6

In deciding in the case of any proposal whether or not to make any regulations in pursuance thereof by virtue of paragraph 5 above the local authority shall have regard to any representations to which paragraph 2 above applies; and in deciding whether or not to give any consent under this Part of this Schedule to the making of regulations by the local authority in pursuance of any such proposal, the Secretary of State shall have regard to any such representations, to the report of any person appointed to hold an inquiry under paragraph 4 above in connection with the proposal in question, and to any such representations as are referred to in sub-paragraph (2) of paragraph 4; and the Secretary of State shall cause notice of the giving by him of any consent under this Part of this Schedule to be published in the London Gazette.

Part II — Revocation or Variation of Permanent Licence

7

Subject to the provisions of Parts III and IV of this Schedule with respect to appeals and compensation, the provisions of this Part of this Schedule shall apply in relation to any permanent licence granted by the local authority.

8

If at any time it appears to the local authority expedient to do so in the interests of the proper planning of transport in their area, they may by not less than twelve months’ notice in writing to the holder of the licence either—

(a) revoke the licence; or

(b) vary the terms and conditions thereof specified under section 43(4)(b) and (c) of this Act.

9

If at any time it appears to the local authority that the holder of a licence (whether the person for the time being holding that licence or a previous holder thereof) has discontinued making parking spaces available to the public at the licensed parking place and that the discontinuance has lasted for a period of not less than two years, then, subject to paragraph 13 below, they may by notice in writing to the holder of the licence revoke it.

10

If at any time it appears to the local authority that for a period of not less than two years the person, or each of the persons, who was for the time being during that period the holder of a licence in respect of a licensed parking place has made available to the public at that parking place a substantially lower number of parking spaces than that authorised by the licence, then, subject to paragraph 13 below, they may by notice in writing to the holder of the licence vary the terms and conditions of the licence specified under section 43(4)(b) and (c) of this Act so as to authorise the provision at the licensed parking place of only that number of parking spaces which it appears to the local authority was being provided at the date of the notice.

11

If in the case of a licensed parking place which was ready for operation at the date of the grant of the licence the local authority are satisfied at any time that for a period of not less than two years beginning with that date the person, or each of the persons, who was for the time being during that period the holder of the licence has not made any significant number of parking spaces available to the public at the licensed parking place, then, subject to paragraph 13 below, they may by notice in writing to the holder of the licence revoke it.

12

(1) Where at the date when the licence was granted the development as a public off-street parking place of the premises in respect of which the licence was granted had not been begun or had not been completed then, subject to paragraph 13 below—

(a) if there has been a period of not less than three years since that date without that development being begun, or

(b) if there has been a period of not less than seven years since that date without that development being completed, or

(c) if for a period of not less than two years beginning with the date of the completion of that development the person, or each of the persons, who was for the time being during that period the holder of the licence has not made any significant number of parking spaces available to the public at the licensed parking place,

the local authority may by notice in writing to the holder of the licence revoke it.

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