Road Traffic Act 1988

• “maximum laden weight” has the meaning given by Part IV of Schedule 6 to the Road Traffic Regulation Act 1984;

• “passenger car” means a motor vehicle which—is constructed or adapted for use for the carriage of passengers and is not a goods vehicle,has no more than eight seats in addition to the driver’s seat,has four or more wheels,has a maximum design speed exceeding 25 kilometres per hour, andhas a maximum laden weight not exceeding 3.5 tonnes,

• “regulations” means regulations made by the Secretary of State under this section, . . .

• “seat belt” includes any description of restraining device for a child and any reference to wearing a seat belt is to be construed accordingly.

• ...

• (9A) The reference in subsection (1) above to the air bag being deactivated includes a reference to the case where the air bag is designed or adapted in such a way that it cannot inflate enough to pose a risk of injury to a child travelling in a rear-facing child restraining device in the seat in question.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Safety equipment for children in motor vehicles.

15A

• (1) The Secretary of State may make regulations prescribing (by reference to shape, construction or any other quality) types of equipment of any description to which this section applies that are recommended as conducive to the safety in the event of accident of prescribed classes of children in prescribed classes of motor vehicles.

• (2) Regulations under this section may make provision for securing that when equipment of a type prescribed by the regulations is sold or offered for sale as equipment which is so conducive—

• (a) appropriate information is provided in relation to it in such manner as may be prescribed, and

• (b) inappropriate information is not provided in relation to it.

• (3) Except in such circumstances as may be prescribed, if a person sells, or offers for sale, equipment of any description for which a type is prescribed under this section as equipment which is so conducive and that equipment—

• (a) is not of a type so prescribed, or

• (b) is sold or offered for sale in contravention of regulations under this section,

he is, subject to subsection (5) below, guilty of an offence.

• (4) Except in such circumstances as may be prescribed, if a person sells, or offers for sale, equipment of any description for which a type is prescribed under this section as equipment conducive to the safety in the event of accident—

• (a) of children not of a class prescribed in relation to equipment of that type, or

• (b) of children in motor vehicles not of a class prescribed in relation to equipment of that type,

he is, subject to subsection (5) below, 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 equipment if he proves that it was sold or, as the case may be, offered for sale for export from Great Britain.

• (6) The provisions of Schedule 1 to this Act shall have effect in relation to contraventions of this section.

• (7) Regulations under this section may make different provision in relation to different circumstances.

• (8) This section applies to equipment of any description for use in a motor vehicle consisting of—

• (a) a restraining device for a child or for a carry-cot, or

• (b) equipment designed for use by a child in conjunction with any description of restraining device.

• (9) References in this section to selling or offering for sale include respectively references to letting on hire and offering to let on hire.

Requirement to notify bus passengers to wear seat belts

15B

• (1) Subject to subsection (6) below, the operator of a bus in which any of the passenger seats are equipped with seat belts shall take all reasonable steps to ensure that every passenger is notified that he is required to wear a seat belt at all times when—

• (a) he is in a seat equipped with a seat belt, and

• (b) the bus is in motion.

• (2) For the purposes of subsection (1) above, a passenger may be notified only by one or more of the following means—

• (a) an official announcement, or an audio-visual presentation, made when the passenger joins the bus or within a reasonable time of his doing so;

• (b) a sign prominently displayed at each passenger seat equipped with a seat belt.

In paragraph (a) above, “official announcement” means an announcement by the driver of the bus, by a conductor or courier or by a person who is a group leader in relation to any group of persons who are passengers on the bus.

• (3) For the purposes of subsection (2)(b) above, a sign that takes the form of a pictorial symbol must be in the form shown in Schedule 2A, depicting a white figure on a blue background.

• (4) An operator who fails to comply with subsection (1) above is guilty of an offence.

• (5) Where an offence under subsection (4) above which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in such a capacity, he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

• (6) Subsection (1) above does not apply in relation to a bus—

• (a) which is being used to provide a local service (within the meaning of the Transport Act 1985 ) in a built-up area, or

• (b) which is constructed or adapted for the carriage of standing passengers and on which the operator permits standing.

For the purposes of paragraph (a) above, a local service is provided in a built-up area if the entire route used by that service consists of restricted roads.

• (7) In this section—

• “bus” has the same meaning as in section 15;

• “operator”, in relation to a bus, means—the owner of the bus, orif the bus is in the possession of any other person under an agreement for hire, hire-purchase, conditional sale, loan or otherwise, that person;

• “passenger seat”, in relation to a bus, means any seat other than the driver's seat;

• “restricted road” means a road that is restricted for the purposes of section 81 of the Road Traffic Regulation Act 1984 (ignoring any direction under section 82(2)(b) of that Act) or would be so restricted but for a direction under section 82(2)(a) or an order under section 84(1) of that Act.

Wearing of protective headgear.

16

• (1) The Secretary of State may make regulations requiring, subject to such exceptions as may be specified in the regulations, persons driving or riding (otherwise than in side-cars) on motor cycles of any class specified in the regulations to wear protective headgear of such description as may be so specified.

• (2) A requirement imposed by regulations under this section shall not apply to any follower of the Sikh religion while he is wearing a turban.

• (3) Regulations under this section may make different provision in relation to different circumstances.

• (4) A person who drives or rides on a motor cycle in contravention of regulations under this section is guilty of an offence; but notwithstanding any enactment or rule of law no person other than the person actually committing the contravention is guilty of an offence by reason of the contravention unless the person actually committing the contravention is a child under the age of sixteen years.

Protective helmets for motor cyclists.

17

• (1) The Secretary of State may make regulations prescribing (by reference to shape, construction or any other quality) types of helmet recommended as affording protection to persons on or in motor cycles, or motor cycles of different classes, from injury in the event of accident.

• (2) If a person sells, or offers for sale, a helmet as a helmet for affording such protection and the helmet is neither—

• (a) of a type prescribed under this section, nor

• (b) of a type authorised under regulations made under this section and sold or offered for sale subject to any conditions specified in the authorisation

• (3) A person shall not be convicted of an offence under this section in respect of the sale or offer for sale of a helmet if he proves that it was sold or, as the case may be, offered for sale for export from Great Britain.

• (4) The provisions of Schedule 1 to this Act shall have effect in relation to contraventions of this section.

• (5) In this section and that Schedule “helmet” includes any head-dress, and references in this section to selling or offering for sale include respectively references to letting on hire and offering to let on hire.

Authorisation of head-worn appliances for use on motor cycles.

18

• (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 and that appliance—

• (a) is not of a type so prescribed, or

• (b) is otherwise used in contravention of regulations under this section,

he is guilty of an offence.

• (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 is, subject to subsection (5) below, 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) The provisions of Schedule 1 to this Act shall have effect in relation to contraventions of subsection (4) above.

• (7) 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).

• (8) References in this section to selling or offering for sale include respectively references to letting on hire and offering to let on hire.

Stopping on verges, etc., or in dangerous positions, etc.

Prohibition of parking of HGVs on verges, central reservations and footways.

19

• (1) Subject to subsection (2) below, a person who parks a heavy commercial vehicle (as defined in section 20 of this Act) wholly or partly—

• (a) on the verge of a road, or

• (b) on any land situated between two carriageways and which is not a footway, or

• (c) on a footway,

is guilty of an offence.

• (2) A person shall not be convicted of an offence under this section in respect of a vehicle if he proves to the satisfaction of the court—

• (a) that it was parked in accordance with permission given by a constable in uniform, or

• (b) that it was parked in contravention of this section for the purpose of saving life or extinguishing fire or meeting any other like emergency, or

• (c) that it was parked in contravention of this section but the conditions specified in subsection (3) below were satisfied.

• (3) The conditions mentioned in subsection (2)(c) above are—

• (a) that the vehicle was parked on the verge of a road or on a footway for the purpose of loading or unloading, and

• (b) that the loading or unloading of the vehicle could not have been satisfactorily performed if it had not been parked on the footway or verge, and

• (c) that the vehicle was not left unattended at any time while it was so parked.

• (4) In this section “carriageway” and “footway”, in relation to England and Wales, have the same meanings as in the Highways Act 1980.

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

19A

Definition of “heavy commercial vehicle” for the purposes of section 19.

20

• (1) In section 19 of 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; 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 this Act.

• (4) In this section, and in the definition of “goods vehicle” in section 192 of this Act as it applies for the purposes of this section, “trailer” means any vehicle other than a motor vehicle.

• (5) The national authority 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.

• (6) Different regulations may be made under subsection (5) above 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 different localities.

• (7) Regulations under subsection (5) 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 section 19 of this Act.

• (8) In subsection (5) “national authority”—

• (a) in relation to a function 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) Before making any regulations under subsection (5) in relation to vehicles used on roads in Scotland, the Secretary of State must consult the Scottish Ministers.

Prohibition of driving or parking on cycle tracks.

21

• (1) Subject to the provisions of this section, any person who, without lawful authority, drives or parks a mechanically propelled vehicle wholly or partly on a cycle track is guilty of an offence.

• (2) A person shall not be convicted of an offence under subsection (1) above with respect to a vehicle if he proves to the satisfaction of the court—

• (a) that the vehicle was driven or (as the case may be) parked in contravention of that subsection for the purpose of saving life, or extinguishing fire or meeting any other like emergency, or

• (b) that the vehicle was owned or operated by a highway authority or by a person discharging functions on behalf of a highway authority and was driven or (as the case may be) parked in contravention of that subsection in connection with the carrying out by or on behalf of that authority of any of the following, that is, the cleansing, maintenance or improvement of, or the maintenance or alteration of any structure or other work situated in, the cycle track or its verges , or the preventing or removing of obstructions to the cycle track or the preventing or abating in any other way of nuisances or other interferences with the cycle track,, or

• (c) that the vehicle was owned or operated by statutory undertakers and was driven or (as the case may be) parked in contravention of that subsection in connection with the carrying out by those undertakers of any works in relation to any apparatus belonging to or used by them for the purpose of their undertaking.

• (3) In this section—

• (a) “cycle track” and other expressions used in this section and in the Highways Act 1980 have the same meaning as in that Act,

• (aa) in subsection (1) “mechanically propelled vehicle” does not include a vehicle falling within paragraph (a), (b) or (c) of section 189(1) of this Act,

• (b) in subsection (2)(c) above “statutory undertakers” means any body who are statutory undertakers within the meaning of the Highways Act 1980, any sewerage authority within the meaning of that Act or the operator of an electronic communications code network, and in relation to any such sewerage authority “apparatus” includes sewers or sewerage disposal works.

• (4) This section does not extend to Scotland.

Leaving vehicles in dangerous positions.

22

If a person in charge of a vehicle causes or permits the vehicle or a trailer drawn by it to remain at rest on a road in such a position or in such condition or in such circumstances as to involve a danger of injury to other persons using the road, he is guilty of an offence.

Causing danger to road-users.

22A

• (1) A person is guilty of an offence if he intentionally and without lawful authority or reasonable cause—

• (a) causes anything to be on or over a road, or

• (b) interferes with a motor vehicle, trailer or cycle, or

• (c) interferes (directly or indirectly) with traffic equipment,

in such circumstances that it would be obvious to a reasonable person that to do so would be dangerous.

• (2) In subsection (1) above “dangerous” refers to danger either of injury to any person while on or near a road, or of serious damage to property on or near a road; and in determining for the purposes of that subsection what would be obvious to a reasonable person in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.

• (3) In subsection (1) above “traffic equipment” means—

• (a) anything lawfully placed on or near a road by a highway authority;

• (b) a traffic sign lawfully placed on or near a road by a person other than a highway authority;

• (c) any fence, barrier or light lawfully placed on or near a road—

• (i) in pursuance of section 174 of the Highways Act 1980, . . . or section 65 of the New Roads and Street Works Act 1991 (which provide for guarding, lighting and signing in streets where works are undertaken), or

• (ii) by a constable or a person acting under the instructions (whether general or specific) of a chief officer of police.

• (4) For the purposes of subsection (3) above anything placed on or near a road shall unless the contrary is proved be deemed to have been lawfully placed there.

• (5) In this section “road” does not include a footpath or bridleway.

• (6) This section does not extend to Scotland.

Other restrictions in interests of safety

Restriction of carriage of persons on motor cycles.

23

• (1) Not more than one person in addition to the driver may be carried on a motor bicycle.

• (2) No person in addition to the driver may be carried on a motor bicycle otherwise than sitting astride the motor cycle and on a proper seat securely fixed to the motor cycle behind the driver’s seat.

• (3) If a person is carried on a motor cycle in contravention of this section, the driver of the motor cycle is guilty of an offence.

Restriction of carriage of persons on bicycles.

24

• (1) Not more than one person may be carried on a road on a bicycle not propelled by mechanical power unless it is constructed or adapted for the carriage of more than one person.

• (2) In this section—

• (a) references to a person carried on a bicycle include references to a person riding the bicycle, and

• (b) “road” includes bridleway.

• (3) If a person is carried on a bicycle in contravention of subsection (1) above, each of the persons carried is guilty of an offence.

Tampering with motor vehicles.

25

• (1) If, while a motor vehicle is on a road or on a parking place provided by a local authority, a person—

• (a) gets on to the vehicle, or

• (b) tampers with the brake or other part of its mechanism,

without lawful authority or reasonable cause he is guilty of an offence.

• (2) For the purposes of subsection (1), the “mechanism” of a vehicle includes—

• (a) any equipment in or on the vehicle designed to allow the motion of the vehicle to be controlled other than by an individual in the vehicle, or to facilitate its being so controlled, and

• (b) any software installed in, or other electronic information stored in, any such equipment.

Holding or getting on to vehicle in order to be towed or carried.

26

• (1) If, for the purpose of being carried, a person without lawful authority or reasonable cause takes or retains hold of, or gets on to, a motor vehicle or trailer while in motion on a road he is guilty of an offence.

• (2) If, for the purpose of being drawn, a person takes or retains hold of a motor vehicle or trailer while in motion on a road he is guilty of an offence.

Control of dogs on roads.

27

• (1) A person who causes or permits a dog to be on a designated road without the dog being held on a lead is guilty of an offence.

• (2) In this section “designated road” means a length of road specified by an order in that behalf of the local authority in whose area the length of road is situated.

• (3) The powers which under subsection (2) above are exercisable by a local authority in England and Wales are, 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, exercisable by either authority with the consent of the other.

• (4) An order under this section may provide that subsection (1) above shall apply subject to such limitations or exceptions as may be specified in the order, and (without prejudice to the generality of this subsection) subsection (1) above does not apply to dogs proved—

• (a) to be kept for driving or tending sheep or cattle in the course of a trade or business, or

• (b) to have been at the material time in use under proper control for sporting purposes.

• (5) An order under this section shall not be made except after consultation with the chief officer of police.

• (6) The Secretary of State may make regulations—

• (a) prescribing the procedure to be followed in connection with the making of orders under this section, and

• (b) requiring the authority making such an order to publish in such manner as may be prescribed by the regulations notice of the making and effect of the order.

• (7) In this section “local authority” means—

• (a) in relation to England and Wales, the council of a county, metropolitan district or London borough or the Common Council of the City of London, and

• (b) in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

• (8) The power conferred by this section to make an order includes power, exercisable in like manner and subject to the like conditions, to vary or revoke it.

Cycling offences and cycle racing

Dangerous cycling.

28

• (1) A person who rides a cycle on a road dangerously is guilty of an offence.

• (2) For the purposes of subsection (1) above a person is to be regarded as riding dangerously if (and only if)—

• (a) the way he rides falls far below what would be expected of a competent and careful cyclist, and

• (b) it would be obvious to a competent and careful cyclist that riding in that way would be dangerous.

• (3) In subsection (2) above “dangerous” refers to danger either of injury to any person or of serious damage to property; and in determining for the purposes of that subsection what would be obvious to a competent and careful cyclist in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.

Careless, and inconsiderate, cycling.

29

If a person rides a cycle on a road without due care and attention, or without reasonable consideration for other persons using the road, he is guilty of an offence.

Cycling when under influence of drink or drugs.

30

• (1) A person who, when riding a cycle on a road or other public place, is unfit to ride through drink or drugs (that is to say, is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the cycle) is guilty of an offence.

• (2) In Scotland a constable may arrest without warrant a person committing an offence under this section.

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

Regulation of cycle racing on public ways.

31

• (1) A person who promotes or takes part in a race or trial of speed on a public way between cycles is guilty of an offence, unless the race or trial—

• (a) is authorised, and

• (b) is conducted in accordance with any conditions imposed,

by or under regulations under this section.

• (2) The Secretary of State may by regulations authorise, or provide for authorising, for the purposes of subsection (1) above, the holding on a public way other than a bridleway—

• (a) of races or trials of speed of any class or description, or

• (b) of a particular race or trial of speed,

in such cases as may be prescribed and subject to such conditions as may be imposed by or under the regulations.

• (3) Regulations under this section may—

• (a) prescribe the procedure to be followed, and the particulars to be given, in connection with applications for authorisation under the regulations, and

• (b) make different provision for different classes or descriptions of race or trial.

• (4) Without prejudice to any other powers exercisable in that behalf, the chief officer of police may give directions with respect to the movement of, or the route to be followed by, vehicular traffic during any period, being directions which it is necessary or expedient to give in relation to that period to prevent or mitigate—

• (a) congestion or obstruction of traffic, or

• (b) danger to or from traffic,

in consequence of the holding of a race or trial of speed authorised by or under regulations under this section.

• (5) Directions under subsection (4) above may include a direction that any road or part of a road specified in the direction shall be closed during the period to vehicles or to vehicles of a class so specified.

• (6) In this section “public way” means, in England and Wales, a highway, and in Scotland, a public road but does not include a footpath.

Electrically assisted pedal cycles.

32

• (1) An electrically assisted pedal cycle of a class specified in regulations made for the purposes of section 189 of this Act and section 140 of the Road Traffic Regulation Act 1984 shall not be driven on a road by a person under the age of fourteen.

• (2) A person who—

• (a) drives such a pedal cycle, or

• (b) knowing or suspecting that another person is under the age of fourteen, causes or permits him to drive such a pedal cycle,

in contravention of subsection (1) above is guilty of an offence.

Use of motor vehicles away from roads

Control of use of footpaths , bridleways and restricted byways for motor vehicle trials.

33

• (1) A person must not promote or take part in a trial of any description between motor vehicles on a footpath , bridleway or restricted byway unless the holding of the trial has been authorised under this section by the local authority.

• (2) A local authority shall not give an authorisation under this section unless satisfied that consent in writing to the use of any length of footpath , bridleway or restricted byway for the purposes of the trial has been given by the owner and by the occupier of the land over which that length of footpath , bridleway or restricted byway runs, and any such authorisation may be given subject to compliance with such conditions as the authority think fit.

• (3) A person who—

• (a) contravenes subsection (1) above, or

• (b) fails to comply with any conditions subject to which an authorisation under this section has been granted,

is guilty of an offence.

• (4) The holding of a trial authorised under this section is not affected by any statutory provision prohibiting or restricting the use of footpaths , bridleways or restricted byways or a specified footpath , bridleway or restricted byway ; but this section does not prejudice any right or remedy of a person as having any interest in land.

• (5) In this section “local authority”—

• (a) in relation to England and Wales, means the council of a county, metropolitan district or London borough, and

• (b) in relation to Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

• (6) In this section “restricted byway” means a way over which the public have restricted byway rights within the meaning of Part 2 of the Countryside and Rights of Way Act 2000, with or without a right to drive animals of any description along the way, but no other rights of way.

Prohibition of driving mechanically propelled vehicles elsewhere than on roads.

34

• (1) Subject to the provisions of this section, if without lawful authority a person drives a mechanically propelled vehicle—

• (a) on to or upon any common land, moorland or land of any other description, not being land forming part of a road, or

• (b) on any road being a footpath, bridleway or restricted byway,

he is guilty of an offence.

• (2) For the purposes of subsection (1)(b) above, a way shown in a definitive map and statement as a footpath, bridleway or restricted byway is, without prejudice to section 56(1) of the Wildlife and Countryside Act 1981, to be taken to be a way of the kind shown, unless . . . the contrary is proved.

• (2A) It is not an offence under this section for a person with an interest in land, or a visitor to any land, to drive a mechanically propelled vehicle on a road if, immediately before the commencement of section 47(2) of the Countryside and Rights of Way Act 2000, the road was—

• (a) shown in a definitive map and statement as a road used as a public path, and

• (b) in use for obtaining access to the land by the driving of mechanically propelled vehicles by a person with an interest in the land or by visitors to the land.

• (3) It is not an offence under this section to drive a mechanically propelled vehicle on any land within fifteen yards of a road, being a road on which a motor vehicle may lawfully be driven, for the purpose only of parking the vehicle on that land.

• (4) A person shall not be convicted of an offence under this section with respect to a vehicle if he proves to the satisfaction of the court that it was driven in contravention of this section for the purpose of saving life or extinguishing fire or meeting any other like emergency.

• (5) It is hereby declared that nothing in this section prejudices the operation of—

• (a) section 193 of the Law of Property Act 1925 (rights of the public over commons and waste lands), or

• (b) any byelaws applying to any land,

or affects the law of trespass to land or any right or remedy to which a person may by law be entitled in respect of any such trespass or in particular confers a right to park a vehicle on any land.

• (6) Subsection (2) above does not extend to Scotland.

• (7) In this section—

• “definitive map and statement” has the same meaning as in Part III of the Wildlife and Countryside Act 1981;

• “interest”, in relation to land, includes any estate in land and any right over land (whether exercisable by virtue of the ownership of an estate or interest in the land or by virtue of a licence or agreement) and, in particular, includes rights of common and sporting rights;

• “mechanically propelled vehicle” does not include a vehicle falling within paragraph (a), (b) or (c) of section 189(1) of this Act; and

• “restricted byway” means a way over which the public have restricted byway rights within the meaning of Part II of the Countryside and Rights of Way Act 2000, with or without a right to drive animals of any description along the way, but no other rights of way.

• (8) A person—

• (a) entering any land in exercise of rights conferred by virtue of section 2(1) of the Countryside and Rights of Way Act 2000, or

• (b) entering any land which is treated by section 15(1) of that Act as being accessible to the public apart from that Act,

is not for the purposes of subsection (2A) a visitor to the land.

Directions to traffic and to pedestrians and traffic signs

Drivers to comply with traffic directions.

35

• (1) Where a constable or traffic officer is for the time being engaged in the regulation of traffic in a road, a person driving or propelling a vehicle who neglects or refuses—

• (a) to stop the vehicle, or

• (b) to make it proceed in, or keep to, a particular line of traffic,

when directed to do so by the constable in the execution of his duty or the traffic officer (as the case may be) is guilty of an offence.

• (2) Where—

• (a) a traffic survey of any description is being carried out on or in the vicinity of a road, and

• (b) a constable or traffic officer gives to a person driving or propelling a vehicle a direction—

• (i) to stop the vehicle,

• (ii) to make it proceed in, or keep to, a particular line of traffic, or

• (iii) to proceed to a particular point on or near the road on which the vehicle is being driven or propelled,

being a direction given for the purposes of the survey (but not a direction requiring any person to provide any information for the purposes of a traffic survey),

the person is guilty of an offence if he neglects or refuses to comply with the direction.

• (3) The power to give such a direction as is referred to in subsection (2) above for the purposes of a traffic survey shall be so exercised as not to cause any unreasonable delay to a person who indicates that he is unwilling to provide any information for the purposes of the survey.

Drivers to comply with traffic signs.

36

• (1) Where a traffic sign, being a sign—

• (a) of the prescribed size, colour and type, or

• (b) of another character authorised by the relevant authority under the provisions in that behalf of the Road Traffic Regulation Act 1984,

has been lawfully placed on or near a road, a person driving or propelling a vehicle who fails to comply with the indication given by the sign is guilty of an offence.

• (2) A traffic sign shall not be treated for the purposes of this section as having been lawfully placed unless either—

• (a) the indication given by the sign is an indication of a statutory prohibition, restriction or requirement, or

• (b) it is expressly provided by or under any provision of the Traffic Acts that this section shall apply to the sign or to signs of a type of which the sign is one;

and, where the indication mentioned in paragraph (a) of this subsection is of the general nature only of the prohibition, restriction or requirement to which the sign relates, a person shall not be convicted of failure to comply with the indication unless he has failed to comply with the prohibition, restriction or requirement to which the sign relates.

• (3) For the purposes of this section a traffic sign placed on or near a road shall be deemed—

• (a) to be of the prescribed size, colour and type, or of another character authorised by the relevant authority under the provisions in that behalf of the Road Traffic Regulation Act 1984, and

• (b) (subject to subsection (2) above) to have been lawfully so placed,

unless the contrary is proved.

• (4) Where a traffic survey of any description is being carried out on or in the vicinity of a road, this section applies to a traffic sign by which a direction is given—

• (a) to stop a vehicle,

• (b) to make it proceed in, or keep to, a particular line of traffic, or

• (c) to proceed to a particular point on or near the road on which the vehicle is being driven or propelled,

being a direction given for the purposes of the survey (but not a direction requiring any person to provide any information for the purposes of the survey).

• (5) Regulations made by the national authority may specify any traffic sign for the purposes of column 5 of the entry in Schedule 2 to the Road Traffic Offenders Act 1988 relating to offences under this section (offences committed by failing to comply with certain signs involve discretionary disqualification).

• (6) Before making regulations under subsection (5) the Secretary of State must consult with the Welsh Ministers and the Scottish Ministers.

• (7) Before the Welsh Ministers or the Scottish Ministers make regulations under subsection (5) they must consult with the Secretary of State.

• (8) In this section “relevant authority” has the meaning given by section 64(6A) of the Road Traffic Regulation Act 1984.

Directions to pedestrians.

37

Where a constable in uniform or traffic officer is for the time being engaged in the regulation of vehicular traffic in a road, a person on foot who proceeds across or along the carriageway in contravention of a direction to stop given by the constable in the execution of his duty or the traffic officer (as the case may be), either to persons on foot or to persons on foot and other traffic, is guilty of an offence.

Promotion of road safety

The Highway Code.

38

• (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 must lay the proposed alterations before both Houses of Parliament and must 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 must 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 must consult with such representative organisations as he thinks fit.

• (6) The Secretary of State must 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 the Traffic Acts, the Public Passenger Vehicles Act 1981 or sections 18 to 23 of the Transport Act 1985) be relied upon by any party to the proceedings as tending to establish or 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.

Powers of Secretary of State and local authorities as to giving road safety information and training.

39

• (1) The Secretary of State may, with the approval of the Treasury, provide for promoting road safety by disseminating information or advice relating to the use of roads.

• (2) Each relevant authority—

• (a) if it is a local authority, must prepare and carry out a programme of measures designed to promote road safety, or

• (b) if it is Transport for London, may prepare and carry out such a programme,

and may contribute towards the cost of measures for promoting road safety taken by other authorities or bodies.

• (3) Each relevant authority——

• (a) must carry out studies into accidents arising out of the use of vehicles

• (i) if it is a local authority, on roads or parts of roads, other than GLA roads orroads for which the Secretary of state is highway authority (in Scotland, roads authority) within their area or

• (ii) if it is Transport for London, on GLA roads or parts of GLA roads,

• (b) must, in the light of those studies, take such measures as appear to the authority to be appropriate to prevent such accidents, including the dissemination of information and advice relating to the use of roads, the giving of practical training to road users or any class or description of road users, the construction, improvement, maintenance or repair of roads for the maintenance of which they are responsible and other measures taken in the exercise of their powers for controlling, protecting or assisting the movement of traffic on roads, and

• (c) in constructing new roads, must take such measures as appear to the authority to be appropriate to reduce the possibilities of such accidents when the roads come into use.

• (3A) The duties imposed by subsection (3) above are without prejudice to the generality of subsection (2) above and—

• (a) in the case of a local authority, are to be discharged in pursuance of their duty under subsection (2)(a) above; and

• (b) in the case of Transport for London, are to be discharged by exercising their powers under subsection (2)(b) above.

• (4) In this section

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

• “local authority” means—in relation to England and Wales, the council of a county, metropolitan district or London borough or the Common Council of the City of London,in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

• “relevant authority” means a local authority or Transport for London;.

Road safety grants

40

• (1) A national transport authority may make payments to any local authority or any other authority or body for meeting the whole or part of the capital or running costs of any measures for promoting road safety.

• (2) A “national transport authority” means—

• (a) the Secretary of State acting with the approval of the Treasury, or

• (b) the National Assembly for Wales.

Part II — Construction and Use of Vehicles and Equipment

Using vehicle in dangerous condition

Using vehicle in dangerous condition etc.

40A

A person is guilty of an offence if he uses, or causes or permits another to use, a motor vehicle or trailer on a road when—

• (a) the condition of the motor vehicle or trailer, or of its accessories or equipment, or

• (b) the purpose for which it is used, or

• (c) the number of passengers carried by it, or the manner in which they are carried, or

• (d) the weight, position or distribution of its load, or the manner in which it is secured,

is such that the use of the motor vehicle or trailer involves a danger of injury to any person.

General regulation of construction, use etc.

Regulation of construction, weight, equipment and use of vehicles.

41

• (1) The national authority may make regulations generally as to the use of motor vehicles and trailers on roads, their construction and equipment and the conditions under which they may be so used.

Subsections (2) to (4) below do not affect the generality of this subsection.

• (2) In particular, the regulations may make provision with respect to any of the following matters—

• (a) the width, height and length of motor vehicles and trailers and the load carried by them, the diameter of wheels, and the width, nature and condition of tyres, of motor vehicles and trailers,

• (b) the emission or consumption of smoke, fumes or vapour and the emission of sparks, ashes and grit,

• (c) noise,

• (d) the maximum weight unladen of heavy locomotives and heavy motor cars, and the maximum weight laden of motor vehicles and trailers, and the maximum weight to be transmitted to the road or any specified area of the road by a motor vehicle or trailer of any class or by any part or parts of such a vehicle or trailer in contact with the road, and the conditions under which the weights may be required to be tested,

• (e) the particulars to be marked on motor vehicles and trailers (by means of the fixing of plates or otherwise) and the circumstances in which they are to be marked,,

• (f) the towing of or drawing of vehicles by motor vehicles,

• (g) the number and nature of brakes, and for securing that brakes, silencers and steering gear are efficient and kept in proper working order,

• (h) lighting equipment and reflectors,

• (j) the testing and inspection, by persons authorised by or under the regulations, of the brakes, silencers, steering gear, tyres, lighting equipment and reflectors of motor vehicles and trailers on any premises where they are (if the owner of the premises consents),

• (jj) speed limiters,

• (k) the appliances to be fitted for—

• (i) signalling the approach of a motor vehicle, or

• (ii) enabling the driver of a motor vehicle to become aware of the approach of another vehicle from the rear, or

• (iii) intimating any intended change of speed or direction of a motor vehicle,

and the use of any such appliance, and for securing that any such appliance is efficient and kept in proper working order,

• (l) for prohibiting the use of appliances fitted to motor vehicles for signalling their approach, being appliances for signalling by sound, at any times, or on or in any roads or localities, specified in the regulations.

• (2A) In subsection (1) “national authority”—

• (a) in relation to a function 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.

• (2B) Before making any regulations under this section in relation to the parking of vehicles on roads in Scotland, the Secretary of State must consult the Scottish Ministers.

• (3) The Secretary of State may, as respects goods vehicles, make regulations under this section—

• (a) prescribing other descriptions of weight which are not to be exceeded in the case of such vehicles,

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

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) providing that weights of any description or other particulars which are to be marked on particular goods vehicles may be determined in accordance with regulations under section 49 of this Act.

• (4) Regulations under this section with respect to lighting equipment and reflectors—

• (a) may require that lamps be kept lit at such times and in such circumstances as may be specified in the regulations, and

• (b) may extend, in like manner as to motor vehicles and trailers, to vehicles of any description used on roads, whether or not they are mechanically propelled.

• (4A) Regulations under this section with respect to speed limiters may include provision—

• (a) as to the checking and sealing of speed limiters by persons authorised in accordance with the regulations and the making of charges by them,

• (b) imposing or providing for the imposition of conditions to be complied with by authorised persons,

• (c) as to the withdrawal of authorisations.

• (5) Different regulations may be made under this section 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) In framing regulations under this section prescribing a weight of any description which is not to be exceeded in the case of goods vehicles of a class for which a certificate of conformity or Minister’s approval certificate may be issued under section 57 or 58 of this Act the Secretary of State must have regard to the design weight of the like description determined by virtue of section 54 of this Act for vehicles of that class and must secure that the first-mentioned weight does not exceed the design weight.

• (7) In this Part of this Act—

• “construction and use requirements” means requirements, whether applicable generally or at specified times or in specified circumstances, imposed under this section,

• “plated particulars” means such particulars as are required to be marked on a goods vehicle in pursuance of regulations under this section by means of a plate,

• “plated weights” means such weights as are required to be so marked.

Breach of requirement as to brakes, steering-gear or tyres.

41A

A person who—

• (a) contravenes or fails to comply with a construction and use requirement as to brakes, steering-gear or tyres, or

• (b) uses on a road a motor vehicle or trailer which does not comply with such a requirement, or causes or permits a motor vehicle or trailer to be so used,

is guilty of an offence.

Breach of requirement as to weight: goods and passenger vehicles.

41B

• (1) A person who—

• (a) contravenes or fails to comply with a construction and use requirement as to any description of weight applicable to—

• (i) a goods vehicle, or

• (ii) a motor vehicle or trailer adapted to carry more than eight passengers, or

• (b) uses on a road a vehicle which does not comply with such a requirement, or causes or permits a vehicle to be so used,

is guilty of an offence.

• (2) In any proceedings for an offence under this section in which there is alleged a contravention of or failure to comply with a construction and use requirement as to any description of weight applicable to a goods vehicle, it shall be a defence to prove either—

• (a) that at the time when the vehicle was being used on the road—

• (i) it was proceeding to a weighbridge which was the nearest available one to the place where the loading of the vehicle was completed for the purpose of being weighed, or

• (ii) it was proceeding from a weighbridge after being weighed to the nearest point at which it was reasonably practicable to reduce the weight to the relevant limit, without causing an obstruction on any road, or

• (b) in a case where the limit of that weight was not exceeded by more than 5 per cent.—

• (i) that that limit was not exceeded at the time when the loading of the vehicle was originally completed, and

• (ii) that since that time no person has made any addition to the load.

Breach of requirement as to speed assessment equipment detection devices

41C

A person who—

• (a) contravenes or fails to comply with a construction or use requirement as to speed assessment equipment detection devices, or

• (b) uses on a road a motor vehicle or trailer which does not comply with such a requirement, or causes or permits a motor vehicle or trailer to be so used,

is guilty of an offence.

Breach of requirements as to control of vehicle, mobile telephones etc.

41D

A person who contravenes or fails to comply with a construction and use requirement—

• (a) as to not driving a motor vehicle in a position which does not give proper control or a full view of the road and traffic ahead, or not causing or permitting the driving of a motor vehicle by another person in such a position, or

• (b) as to not driving or supervising the driving of a motor vehicle while using a hand-held mobile telephone or other hand-held interactive communication device, or not causing or permitting the driving of a motor vehicle by another person using such a telephone or other device,

is guilty of an offence.

Breach of other construction and use requirements.

42

A person who—

• (a) contravenes or fails to comply with any construction or use requirement other than one within section 41A(a) or 41B(1)(a) or 41D of this Act, or

• (b) uses on a road a motor vehicle or trailer which does not comply with such a requirement, or causes or permits a motor vehicle or trailer to be so used,

is guilty of an offence.

Temporary exemption from application of regulations under section 41.

43

• (1) Subject to subsections (2) to (4) below, where any regulations under section 41 of this Act contain provisions varying the requirements as regards the construction or weight of any class of vehicles, provision shall be made by the regulations for exempting from those provisions for such period, not being less than five years, as may be specified in the regulations any vehicle of that class registered under the Vehicle Excise and Registration Act 1994 before the expiration of one year from the making of the regulations.

• (2) No such provision contained in regulations under section 41 as imposes or varies requirements with respect to the braking systems with which motor vehicles must be equipped shall be taken, for the purposes of subsection (1) above or of any other provision of the regulations, to be one relating to the construction of vehicles.

• (3) Where regulations under section 41 contain provisions varying the requirements as regards the construction or weight of any class of vehicle, and the Secretary of State is satisfied—

• (a) that it is requisite that those provisions shall apply at a date specified in the regulations to vehicles registered before the expiration of one year from the making of the regulations, or to such of them as are specified in the regulations, and

• (b) that no undue hardship or inconvenience will be caused by their application then to those vehicles,

then, if the regulations state that the Secretary of State is so satisfied, subsection (1) above shall not apply in relation to those provisions.

• (4) Subsection (1) above shall not apply in relation to—

• (a) regulations made with respect to any description of weight of goods vehicles, other than their maximum unladen weight, or

• (b) regulations made by virtue of section 41(3) of this Act.

Authorisation of use on roads of special vehicles not complying with regulations under section 41.

44

• (1) The Secretary of State may by order authorise, subject to such restrictions and conditions as may be specified by or under the order, the use on roads—

• (a) of special motor vehicles or trailers, or special types of motor vehicles or trailers, which are constructed either for special purposes or for tests or trials,

• (b) of vehicles or trailers, or types of vehicles or trailers, constructed for use outside the United Kingdom,

• (c) of new or improved types of motor vehicles or trailers, whether wheeled or wheelless, or of motor vehicles or trailers equipped with new or improved equipment or types of equipment, and

• (d) of vehicles or trailers carrying loads of exceptional dimensions,

and sections 40A to 42 of this Act shall not apply in relation to the use of such vehicles, trailers, or types in accordance with the order.

• (2) The Secretary of State may by order make provision for securing that, subject to such restrictions and conditions as may be specified by or under the order, regulations under section 41 of this Act shall have effect in their application to such vehicles, trailers and types of vehicles and trailers as are mentioned in subsection (1) above subject to such modifications or exceptions as may be specified in the order.

• (3) The powers conferred by this section on the Secretary of State to make orders shall be exercisable by statutory instrument except in the case of orders applying only to specified vehicles or to vehicles of specified persons, but in that excepted case (as in others) the order may be varied or revoked by subsequent order of the Secretary of State.

• (4) The function of the Secretary of State under subsection (1) in the case of orders applying only to—

• (a) specified vehicles, or

• (b) vehicles of specified persons,

may be delegated to a strategic highways company.

• (5) A delegation under subsection (4) may specify—

• (a) the extent to which the function is delegated;

• (b) any conditions to which the delegation is subject.

Tests of vehicles other than goods vehicles to which section 49 applies

Tests of satisfactory condition of vehicles.

45

• (1) This section applies to motor vehicles other than goods vehicles which are required by regulations under section 49 of this Act to be submitted for a vehicle test under that section and has effect for the purpose of ascertaining whether the following requirements are complied with, namely—

• (a) the prescribed statutory requirements relating to the construction and condition of motor vehicles or their accessories or equipment, and

• (b) the requirement that the condition of motor vehicles should not be such that their use on a road would involve a danger of injury to any person.

• (2) The Secretary of State may by regulations make provision—

• (a) for the examination of vehicles submitted for examination under this section, and

• (b) for the issue, where it is found on such an examination that the requirements mentioned in subsection (1) above are complied with, of a certificate (in this Act referred to as a “test certificate") that at the date of the examination the requirements were complied with in relation to the vehicle.

• (3) Examinations for the purposes of this section shall be carried out by—

• (a) persons, not being officers of the Secretary of State, authorised for those purposes by the Secretary of State (in this section and section 46 of this Act referred to as “authorised examiners”),

• (za) individuals who are nominated by, and act under the supervision of, authorised examiners and are approved by the Secretary of State (in this section and section 46 of this Act referred to as “nominated testers”),

• (b) examiners appointed under section 66A of this Act

• (c) inspectors who are—

• (i) appointed by any council designated by the Secretary of State for the purposes of this section and section 46 of this Act, being the council of a county, district or London borough or the Common Council of the City of London or a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, and

• (ii) approved by the Secretary of State.

• (4) Where a test certificate is refused, the person carrying out the examination must issue a notification of the refusal stating the grounds of the refusal, and a person aggrieved by the refusal or the grounds of the refusal may appeal to the Secretary of State.

• (5) On any such appeal the Secretary of State must cause a further examination to be made and either issue a test certificate or issue a notification of the refusal stating the grounds of the refusal.

• (6) For the purposes of their functions under this section the Secretary of State or a council designated for the purposes of this section may provide and maintain—

• (a) stations where examinations under this section may be carried out, and

• (b) apparatus for carrying out such examinations.

• (6A) The Secretary of State may provide, or make arrangements for the provision of, courses of instruction in connection with the carrying out of examinations under this section; and may charge prescribed fees in respect of attendance on such courses.

• (6B) The Secretary of State shall maintain, or cause to be maintained, records containing such particulars as he thinks fit of—

• (a) vehicles submitted for examination under this section, and

• (b) the carrying out of and the results of the examinations.

• (7) The Secretary of State may make regulations under this section for the purpose of giving effect to this section and for prescribing anything authorised by this section and section 46 of this Act to be prescribed.

• (8) In its application to vehicles in which recording equipment is required by Article 3 of the EU Tachographs Regulation to be installed and used, this section shall have effect as if any reference to prescribed statutory requirements relating to the construction and condition of motor vehicles or their accessories or equipment included a reference to the prescribed requirements of so much of that Regulation as relates to the installation of recording equipment and the seals to be fixed to such equipment.

Regulations under section 45.

46

• (1) Regulations under section 45 of this Act may, in particular, make provision as to—

• (a) the authorisation of examiners, the nomination and approval of nominated testers, the appointment and approval of inspectors and the designation of councils in accordance with subsection (3) of that section,

• (b) the imposition of conditions to be complied with by the persons referred to in paragraph (a) above,

• (c) the circumstances in which a person ceases to be an authorised examiner, a nominated tester or an inspector or in which a council ceases to be designated,

• (d) the manner in which, conditions under which and apparatus with which examinations are carried out, the maintenance of that apparatus in an efficient state, and the inspection of premises at which and apparatus with which examinations are being, or are to be, carried out,

• (e) the supervision of examinations and of the premises at which examinations are carried out,

• (f) the manner in which applications may be made for the examination of vehicles under section 45 of this Act, the manner in which and time within which appeals may be brought under subsection (4) of that section, the information to be supplied and documents to be produced on such an application, examination or appeal, the fees to be paid on such an application or appeal, and the repayment of the whole or part of the fee paid on such an appeal where it appears to the Secretary of State that there were substantial grounds for contesting the whole or part of the decision appealed against,

• (g) the form of, and particulars to be contained in, test certificates and notifications of the refusal of test certificates and the conditions which must be satisfied before such certificates and notifications may be issued,

• (h) the issue of duplicates or copies of test certificates and the fees to be paid on applications for such duplicates or copies,

• (i) the correction of errors in test certificates,

• (j) the charges to be paid by authorised examiners or designated councils to the Secretary of State in connection with—

• (i) the issue of test certificates or notifications of the refusal of test certificates,

• (ii) the issue of duplicates or copies of test certificates, and

• (iii) the correction of errors in test certificates,

• (ja) the charges to be paid to the Secretary of State by persons occupying premises designated under section 8(3)(b) of the Public Passenger Vehicles Act 1981 as stations where inspections of public service vehicles may be carried out where the charges are in connection with—

• (i) the provision by the Secretary of State of vehicle examiners to examine public service vehicles on the premises,

• (ii) the issue of test certificates or notifications of the refusal of test certificates in respect of examinations of public service vehicles carried out on the premises,

• (iii) the issue of duplicates or copies of test certificates issued in respect of such examinations, and

• (iv) the correction of errors in test certificates so issued,

• (k) the keeping by authorised examiners and designated councils of registers of test certificates in the prescribed form and containing the prescribed particulars, and the inspection of such registers by such persons and in such circumstances as may be prescribed, ...

• (ka) the keeping by persons mentioned in paragraph (ja) of registers of test certificates in the prescribed form and containing the prescribed particulars, and the inspection of such registers by such persons and in such circumstances as may be prescribed,

• (l) the keeping of records by authorised examiners and designated councils and the providing by them of returns and information to the Secretary of State, and

• (m) the keeping of records by persons mentioned in paragraph (ja) and the providing by them of returns and information to the Secretary of State.

• (2) The conditions which may be imposed by virtue of subsection (1)(b) above include conditions—

• (a) relating to the successful completion of courses of instruction provided under section 45(6A) of this Act, and

• (b) requiring the payment of prescribed fees to the Secretary of State in respect of applications for, or the continuation of, the Secretary of State’s authorisation, approval or designation.

• (3) The provision which may be made by virtue of subsection (1)(e) above includes provision—

• (a) requiring supervision to be provided by individuals who are nominated by authorised examiners or designated councils, in respect of particular premises, and are approved by the Secretary of State (in this subsection referred to as “nominated supervisors”),

• (b) as to the imposition of conditions (including conditions described in subsection (2) above) to be complied with by any nominated supervisor, and

• (c) as to the circumstances in which a person ceases to be a nominated supervisor.

• (4) The provision which may be made by virtue of subsection (1)(j) or (ja) above includes provision requiring—

• (a) the making to the Secretary of State at prescribed times of payments, of such amounts as may be determined by him in accordance with the regulations, on account of charges that may become payable, and

• (b) where forms for test certificates and notifications of the refusal of test certificates are supplied by the Secretary of State, the payment to him of charges for the supply of such forms;

and for the repayment, in prescribed circumstances, of such payments received by the Secretary of State.

• (5) Regulations under section 45 of this Act may provide for the Secretary of State to make available for use by prescribed persons any particulars contained in the records maintained under section 45(6B) of this Act on payment, in prescribed cases, of a fee of such amount as appears to the Secretary of State to be reasonable in the circumstances of the case.

• (6) Regulations under section 45 of this Act may also provide for the sale of particulars contained in, or information derived from, those records—

• (a) to such persons as the Secretary of State thinks fit, and

• (b) for such price and on such other terms, and subject to such restrictions, as he thinks fit;

if those particulars do not (or that information does not) identify the premises at which any examination was carried out or any person concerned with the carrying out of the examination.

• (7) Regulations under that section may—

• (a) make different provision in relation to different cases or classes of cases, and

• (b) contain such incidental, supplemental or transitional provisions or savings as the Secretary of State thinks fit.

Use of records of vehicle examinations, etc.

46A

• (1) This section applies to—

• (a) the records maintained by the Secretary of State (or caused by him to be maintained) under section 45(6B) of this Act, and

• (b) the records maintained by the Secretary of State in connection with any functions exercisable by him under or by virtue of the Vehicle Excise and Registration Act 1994.

• (2) The Secretary of State may use the information contained in records falling within either paragraph of subsection (1) above—

• (a) to check the accuracy of the records falling within the other paragraph of that subsection, and

• (b) where appropriate, to amend or supplement information contained in those records.

• (3) The Secretary of State may also use the information contained in records falling within paragraph (b) of that subsection for the purpose of promoting compliance with section 47 of this Act.

• (4) This section does not limit any powers of the Secretary of State apart from this section.

Evidence from records of vehicle examinations.

46B

• (1) A statement to which this section applies is admissible in any proceedings as evidence (or, in Scotland, sufficient evidence) of any fact stated in it with respect to—

• (a) the issue of a test certificate in respect of a vehicle, and

• (b) the date of issue of such a certificate,

to the same extent as oral evidence of that fact is admissible in the proceedings.

• (2) This section applies to a statement contained in a document purporting to be—