Road Traffic Act 1988

• (11) Where, in Scotland, an offence under this section is committed by a partnership or by an unincorporated association other than a partnership and is proved to have been committed with the consent or connivance or in consequence of the negligence of a partner in the partnership or, as the case may be, a person concerned in the management or control of the association, he (as well as the partnership or association) shall be guilty of the offence.

Forgery, false statements, etc.

Forgery of documents, etc.

173

• (1) A person who, with intent to deceive—

• (a) forges, alters or uses a document or other thing to which this section applies, or

• (b) lends to, or allows to be used by, any other person a document or other thing to which this section applies, or

• (c) makes or has in his possession any document or other thing so closely resembling a document or other thing to which this section applies as to be calculated to deceive,

is guilty of an offence.

• (2) This section applies to the following documents and other things—

• (a) any licence under any Part of this Act ...,

• (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) any test certificate, goods vehicle test certificate, plating certificate, certificate of conformity or Minister’s approval certificate (within the meaning of Part II of this Act),

• (c) any certificate required as a condition of any exception prescribed under section 14 of this Act,

• (cc) any seal required by regulations made under section 41 of this Act with respect to speed limiters,

• (d) any plate containing particulars required to be marked on a vehicle by regulations under section 41 of this Act or containing other particulars required to be marked on a goods vehicle by sections 54 to 58 of this Act or regulations under those sections,

• (dd) any document evidencing the appointment of an examiner under section 66A of this Act,

• (e) any records required to be kept by virtue of section 74 of this Act,

• (f) any document which, in pursuance of section 89(3) . . .of this Act, is issued as evidence of the result of a test of competence to drive,

• (ff) any document evidencing the successful completion of a driver training course provided in accordance with regulations under section 99ZA of this Act,

• (g) any certificate under section 133A or any badge or certificate prescribed by regulations made by virtue of section 135 of this Act,

• (h) any certificate of insurance ... under Part VI of this Act,

• (j) any document produced as evidence of insurance in pursuance of Regulation 6 of the Motor Vehicles (Compulsory Insurance) (No. 2) Regulations 1973,

• (k) any document issued under regulations made by the Secretary of State in pursuance of his power under section 165(2)(a) of this Act to prescribe evidence which may be produced in lieu of a certificate of insurance ... , ...

• (l) any international road haulage permit. and

• (m) a certificate of the kind referred to in section 34B(1) of the Road Traffic Offenders Act 1988.

• (3) In the application of this section to England and Wales “forges” means makes a false document or other thing in order that it may be used as genuine.

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

False statements and withholding material information.

174

• (1) A person who knowingly makes a false statement for the purpose—

• (a) of obtaining the grant of a licence under any Part of this Act to himself or any other person, or

• (b) of preventing the grant of any such licence, or

• (c) of procuring the imposition of a condition or limitation in relation to any such licence, or

• (ca) of obtaining a document evidencing the successful completion of a driver training course provided in accordance with regulations under section 99ZA of this Act, or

• (d) of securing the entry or retention of the name of any person in the register of approved instructors maintained under Part V of this Act, or

• (dd) of obtaining the grant to any person of a certificate under section 133A of this Act, or

• (e) of obtaining the grant of an international road haulage permit to himself or any other person,

is guilty of an offence.

• (2) A person who, in supplying information or producing documents for the purposes either of sections 53 to 60 and 63 of this Act or of regulations made under sections 49 to 51, 61, 62 and 66(3) of this Act—

• (a) makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular, or

• (b) produces, provides, sends or otherwise makes use of a document which he knows to be false in a material particular or recklessly produces, provides, sends or otherwise makes use of a document which is false in a material particular,

is guilty of an offence.

• (3) A person who—

• (a) knowingly produces false evidence for the purposes of regulations under section 66(1) of this Act, or

• (b) knowingly makes a false statement in a declaration required to be made by the regulations,

is guilty of an offence.

• (4) A person who—

• (a) wilfully makes a false entry in any record required to be made or kept by regulations under section 74 of this Act, or

• (b) with intent to deceive, makes use of any such entry which he knows to be false,

is guilty of an offence.

• (5) A person who makes a false statement or withholds any material information for the purpose of obtaining the issue—

• (a) of a certificate of insurance ... under Part VI of this Act, or

• (b) of any document issued under regulations made by the Secretary of State in pursuance of his power under section 165(2)(a) of this Act to prescribe evidence which may be produced in lieu of a certificate of insurance ... ,

is guilty of an offence.

Issue of false documents.

175

If a person issues—

• (a) any such document as is referred to in section 174(5)(a) or (b) of this Act, or

• (b) a test certificate or certificate of conformity (within the meaning of Part II of this Act),

and the document or certificate so issued is to his knowledge false in a material particular, he is guilty of an offence.

Power to seize articles in respect of which offences under sections 173 to 175 may have been committed.

176

• (1) If a constable has reasonable cause to believe that a document produced to him—

• (a) in pursuance of section 137 of this Act, or

• (b) in pursuance of any of the preceding provisions of this Part of this Act,

is a document in relation to which an offence has been committed under section 173, 174 or 175 of this Act or under section 115 of the Road Traffic Regulation Act 1984, he may seize the document.

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

• (2) When a document is seized under subsection (1) above, the person from whom it was taken shall, unless—

• (a) the document has been previously returned to him, or

• (b) he has been previously charged with an offence under any of those sections,

be summoned before a magistrates’ court or, in Scotland, the sheriff to account for his possession of the document.

• (3) The court or sheriff must make such order respecting the disposal of the document and award such costs as the justice of the case may require.

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

• (4) If a constable, an examiner appointed under section 66A of this Act has reasonable cause to believe that a document or plate carried on a motor vehicle or by the driver of the vehicle is a document or plate to which this subsection applies, he may seize it.

For the purposes of this subsection the power to seize includes power to detach from a vehicle.

• (5) Subsection (4) above applies to a document or plate in relation to which an offence has been committed under sections 173, 174 or 175 of this Act in so far as they apply—

• (a) to documents evidencing the appointment of examiners under s. 66A of this Act, or

• (b) to goods vehicle test certificates, plating certificates, certificates of conformity or Minister’s approval certificates (within the meaning of Part II of this Act), or

• (c) to plates containing plated particulars (within the meaning of that Part) or containing other particulars required to be marked on goods vehicles by sections 54 to 58 of this Act or regulations made under them, or

• (d) to records required to be kept by virtue of section 74 of this Act, or

• (e) to international road haulage permits.

• (6) When a document or plate is seized under subsection (4) above, either the driver or owner of the vehicle shall, if the document or plate is still detained and neither of them has previously been charged with an offence in relation to the document or plate under section 173, 174 or 175 of this Act, be summoned before a magistrates’ court or, in Scotland, the sheriff to account for his possession of, or the presence on the vehicle of, the document or plate.

• (7) The court or sheriff must make such order respecting the disposal of the document or plate and award such costs as the justice of the case may require.

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

Impersonation of authorised examiner, etc.

177

A person is guilty of an offence if, with intent to deceive, he falsely represents himself—

• (a) to be, or to be employed by, a person authorised in accordance with regulations made under section 41 of this Act with respect to the checking and sealing of speed limiters, or

• (b) to be a person entitled under section 45 of this Act to carry out examinations of vehicles under that section.

Offences in Scotland

Taking motor vehicle without authority, etc.

178

• (1) A person who in Scotland—

• (a) takes and drives away a motor vehicle without having either the consent of the owner of the vehicle or other lawful authority, or

• (b) knowing that a motor vehicle has been so taken, drives it or allows himself to be carried in or on it without such consent or authority,

is, subject to subsection (2) below, guilty of an offence.

• (2) If—

• (a) the jury, on proceedings under this section on indictment, or

• (b) the court, on summary proceedings under this section,

is satisfied that the accused acted in the reasonable belief that he had lawful authority, or in the reasonable belief that the owner would, in the circumstances of the case, have given consent if he had been asked for it, the accused shall not be liable to be convicted of the offence.

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

Inquiries

General power to hold enquiries.

179

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

General provisions as to inquiries.

180

• (1) Where under any of the provisions of this Act an inquiry is held by the Secretary of State—

• (a) notice of the inquiry may be given and published in accordance with such general or special directions as the Secretary of State may give,

• (b) the Secretary of State and, if authorised by him, the person appointed to hold the inquiry may by order require any person, subject to the payment or tender of the reasonable expenses of his attendance, to attend as a witness and give evidence or to produce any documents in his possession or power which relate to any matter in question at the inquiry and are such as would be subject to production in a court of law,

• (c) the person holding the inquiry shall have power to take evidence on oath and for that purpose to administer oaths, and

• (d) the Secretary of State may make such order as to the payment of the costs incurred by him in connection with the inquiry (including such reasonable sum not exceeding £30 a day as he may determine for the services of any officer engaged in the inquiry) by such party to the inquiry as he thinks fit, and may certify the amount of the costs so incurred.

• (2) Any amount certified as mentioned in subsection (1)(d) above and directed by the Secretary of State to be paid by any person shall be recoverable from that person—

• (a) in England or Wales, by the Secretary of State summarily as a civil debt (without prejudice to any other means of recovering it), or

• (b) in Scotland, by the Secretary of State.

• (3) A person who fails without reasonable excuse to comply with any of the provisions of an order under subsection (1)(b) above is guilty of an offence.

General provisions as to accident inquiries.

181

• (1) Where an accident arises out of the presence of a mechanically propelled vehicle on a road, the Secretary of State may direct inquiry to be made into the cause of the accident.

• (2) Where any accident arising out of the presence of a mechanically propelled vehicle on a road has occurred, a person authorised by the Secretary of State in that behalf may, on production if so required of his authority, inspect any vehicle in connection with which the accident arose, and for that purpose may enter at any reasonable time any premises where the vehicle is.

• (3) If a person obstructs a person so authorised in the performance of his duty under subsection (2) above, he is guilty of an offence.

• (4) If in any case the Secretary of State considers that an inquiry to be made by him under this section should be made by means of the holding of a public inquiry, he may direct a public inquiry to be held.

• (5) A report made by or to the Secretary of State as the result of an inquiry under this section shall not be used in evidence by or on behalf of a person by or against whom any legal proceedings are instituted in consequence of the accident to which the inquiry relates.

Special provisions as to accident inquiries in Greater London.

182

• (1) Where, owing to the presence of a vehicle on a road, an accident occurs within Greater London and it appears to the Secretary of State that the sole or a contributory cause of the accident was—

• (a) the nature or character of the road or of the road surface, or

• (b) a defect in the design or construction of the vehicle or in the materials used in the construction of the road or vehicle,

he may, if he thinks fit, cause an inquiry to be held into the cause of the accident.

• (2) In this section “road” includes a highway and a bridge carrying a highway and any lane, mews, footway, square, court, alley or passage whether a thoroughfare or not.

Application to the Crown

Application to the Crown.

183

• (1) Subject to the provisions of this section—

• (a) Part I of this Act,

• (b) Part II of this Act, except sections 68 to 74 and 77,

• (c) Part III of this Act , except section 103(3),

• (d) Part IV of this Act, and

• (e) in this Part, sections 163, 164, 168, 169, 170(1) to (4), 177, 178, 181 and 182,

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

• (2) Sections 49 to 63 and section 65 of this Act apply—

• (a) to vehicles in the public service of the Crown only if they are registered or liable to be registered under the vehicle Excise and Registration Act 1994, and

• (b) to trailers in the public service of the Crown only while drawn by vehicles (whether or not in the public service of the Crown) which are required to be so registered.

• (3) Where those sections so apply they do so subject to the following modifications—

• (a) examinations of such vehicles in pursuance of regulations under section 49 or 61(2)(a) of this Act may be made by or under the directions of examiners authorised by the Secretary of State for the purpose instead of by or under the directions of examiners appointed under section 66A of this Act, . . .

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

• (4) Neither section 97(3) nor section 98(3) of this Act, in so far as they prevent such a licence as is there mentioned from authorising a person to drive certain motor bicyclesand mopeds, applies—

• (a) in the case of motor bicyclesand mopedsowned by the Secretary of State for Defence and used for naval, military or air force purposes, or

• (b) in the case of motor bicyclesand mopeds so used while being ridden by persons for the time being subject to the orders of a member of the armed forces of the Crown.

• (5) Subject to regulations made under subsection (2) of section 101 of this Act, that section (in so far as it prohibits persons under 21 from holding or obtaining a licence to drive motor vehicles or persons under 18 from holding or obtaining a licence to drive medium-sized goods vehicles) does not apply—

• (a) in the case of motor vehicles owned by the Secretary of State for Defence and used for naval, military or air force purposes, or

• (b) in the case of vehicles so used while being driven by persons for the time being subject to the orders of a member of the armed forces of the Crown.

• (6) The functions under Part IV of this Act of traffic commissioners in relation to licences issued to persons subject to service law (within the meaning of the Armed Forces Act 2006) to drive large goods vehicles or passenger-carrying vehicles in the public service of the Crown shall be exercised by the prescribed authority

• (7) Section 165 of this Act, in so far as it provides for the production of test certificates and the giving of names and addresses, applies to a person in connection with a vehicle to which section 47 of this Act applies notwithstanding that he or the driver is or was at any material time in the public service of the Crown.

• (8) Subsection (1) of section 165 of this Act, in so far as it provides for the production of any certificate mentioned in subsection (2)(c) of that section, applies to a person in connection with a goods vehicle so mentioned notwithstanding that he or the driver is or was at any material time in the public service of the Crown.

Application of sections 5 to 10 to persons subject to service discipline.

184

• (1) Sections 5 to 10 of this Act, in their application to persons subject to service law and civilians subject to service discipline, apply outside as well as within Great Britain and have effect as if—

• (a) references to proceedings for an offence under any enactment included references to proceedings for an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales is that offence,

• (b) references to the court included a reference to any officer before whom the proceedings take place,

• (c) references to a constable included references to a member of the provost staff,

• (d) references to a police station included references to a naval, military or air force unit or establishment,

• (e) references to a hospital included references to a naval, military or air force unit or establishment at which medical or surgical treatment is provided for persons subject to service law or civilians subject to service discipline, . . .

• (f) in section 6 a reference to a traffic offence included a reference to an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales is a traffic offence within the meaning of section 6.

• (g) in section 6E as it applies by virtue of paragraph (c) above, subsection (2) were omitted and the reference in subsection (1) to any place were to—

• (i) service living accommodation (as defined by section 96 of the Armed Forces Act 2006), or

• (ii) premises occupied as a residence (alone or with other persons) by the person on whom the requirement is to be imposed or the person to be arrested.

• (2) A member of the provost staff may arrest without warrant a person who is subject to service law or is a civilian subject to service discipline if he has reasonable cause to suspect that that person is or has been committing an offence under section 4.

• (2A) The power conferred by subsection (2) is exercisable outside as well as within Great Britain.

• (3) In this section—

• “civilian subject to service discipline” has the same meaning as in the Armed Forces Act 2006;

• “corresponding offence under the law of England and Wales”, in relation to an offence under section 42 of that Act, has the meaning given by that section;

• “member of the provost staff” means— a service policeman (within the meaning given by section 375(1) of the Armed Forces Act 2006); or a person lawfully exercising authority on behalf of a provost officer (within the meaning of that Act);

• “subject to service law” has the same meaning as in that Act.

Interpretation

Meaning of “motor vehicle” and other expressions relating to vehicles.

185

• (1) In this Act—

• “heavy locomotive” means a mechanically propelled vehicle which is not constructed itself to carry a load other than any of the excepted articles and the weight of which unladen exceeds 11690 kilograms,

• “heavy motor car” means a mechanically propelled vehicle, not being a motor car, which is constructed itself to carry a load or passengers and the weight of which unladen exceeds 2540 kilograms,

• “invalid carriage” means a mechanically propelled vehicle the weight of which 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 defect or disability and is used solely by such a person,

• “light locomotive” means a mechanically propelled vehicle which is not constructed itself to carry a load other than any of the excepted articles and the weight of which unladen does not exceed 11690 kilograms but does exceed 7370 kilograms,

• “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 the weight of which unladen—

• (a) if it is constructed solely for the carriage of passengers and their effects, is adapted to carry not more than seven 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,

• (c) does not exceed 2540 kilograms in a case not falling within sub-paragraph (a) or (b) above,

• “motor cycle” means a mechanically propelled vehicle, not being an invalid carriage, with less than four wheels and the weight of which unladen does not exceed 410 kilograms,

• “motor tractor” means a mechanically propelled vehicle which is not constructed itself to carry a load, other than the excepted articles, and the weight of which unladen does not exceed 7370 kilograms,

• “motor vehicle” means, subject to section 20 of the Chronically Sick and Disabled Persons Act 1970 (which makes special provision about invalid carriages, within the meaning of that Act), a mechanically propelled vehicle intended or adapted for use on roads, and

• “trailer” means a vehicle drawn by a motor vehicle.

• (2) In subsection (1) above “excepted articles” means any of the following: water, fuel, accumulators and other equipment used for the purpose of propulsion, loose tools and loose equipment.

Supplementary provisions about those expressions.

186

• (1) For the purposes of section 185 of this Act, a side car attached to a motor vehicle, if it complies with such conditions as may be specified in regulations made by the Secretary of State, is to be regarded as forming part of the vehicle to which it is attached and as not being a trailer.

• (2) For the purposes of section 185 of this Act, in a case where a motor vehicle is so constructed that a trailer may by partial super-imposition 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 is to be deemed to be a vehicle itself constructed to carry a load.

• (3) For the purposes of section 185 of this Act, 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 is not to be deemed to constitute a load or goods or burden of any description, but is to 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 185 of this Act.

• (5) Regulations under subsection (4) above 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 the provisions of the Road Traffic Acts and of all regulations made under those provisions or for such of those purposes as may be so specified.

• (6) Nothing in section 86 of the Road Traffic Regulation Act 1984 limits the powers conferred by subsection (4) above.

Articulated vehicles.

187

• (1) Unless it falls within subsection (2) below, a vehicle so constructed that it can be divided into two parts both of which are vehicles and one of which is a motor vehicle shall (when not so divided) be treated for the purposes of the enactments mentioned in subsection (3) below as that motor vehicle with the other part attached as a trailer.

• (2) A passenger vehicle so constructed that—

• (a) it can be divided into two parts, both of which are vehicles and one of which is a motor vehicle, but cannot be so divided without the use of facilities normally available only at a workshop, and

• (b) passengers carried by it when not so divided can at all times pass from either part to the other,

shall (when not so divided) be treated for the purposes of the enactments mentioned in subsection (3) below as a single motor vehicle.

• (3) The enactments referred to in subsections (1) and (2) above are the Road Traffic Act 1960, Parts I and II of the Public Passenger Vehicles Act 1981, and the Traffic Acts.

• (4) In this section “passenger vehicle” means a vehicle constructed or adapted for use solely or principally for the carriage of passengers.

Hover vehicles.

188

• (1) For the purposes of the Road Traffic Acts, a hovercraft within the meaning of the Hovercraft Act 1968 (in this section referred to as a hover vehicle)—

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

• (b) apart from that is to be treated, subject to subsection (2) below, as not being a vehicle of any of the classes defined in section 185 of this Act.

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

• (a) that any provisions of this Act which would otherwise apply to hover vehicles 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 hover vehicles shall apply to them subject to such modifications (if any) as may be specified in the regulations.

Certain vehicles not to be treated as motor vehicles.

189

• (1) For the purposes of the Road Traffic Acts—

• (a) a mechanically propelled vehicle being an implement for cutting grass which 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 section 140 of the Road Traffic Regulation Act 1984, and

• (c) an electrically assisted pedal cycle of such a class as may be prescribed by regulations so made,

is to be treated as not being a motor vehicle.

• (2) In subsection (1) above “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.

Method of calculating weight of motor vehicles and trailers.

190

• (1) This section applies for the purposes of the Traffic Acts and of any other enactments relating to the use of motor vehicles or trailers on roads.

• (2) The weight unladen of a vehicle or trailer shall be taken to be the weight of the vehicle or trailer—

• (a) inclusive of the body and all parts (the heavier being taken where alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle or trailer when working on a road, but

• (b) exclusive of the weight of water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle or, as the case may be, of any vehicle by which the trailer is drawn, and of loose tools and loose equipment.

Interpretation of statutory references to carriages.

191

A motor vehicle or trailer—

• (a) is to be deemed to be a carriage within the meaning of any Act of Parliament, whether a public general Act or a local Act, and of any rule, regulation or byelaw made under any Act of Parliament, and

• (b) if used as a carriage of any particular class shall for the purpose of any enactment relating to carriages of any particular class be deemed to be a carriage of that class.

General interpretation of Act.

192

• (1) In this Act—

• “bridleway” means a way over which the public have the following, but no other, rights of way: 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,

• “carriage of goods” includes the haulage of goods,

• “cycle” means a bicycle, a tricycle, or a cycle having four or more wheels, not being in any case a motor vehicle,

• “driver”, where a separate person acts as a steersman of a motor vehicle, includes (except for the purposes of section 1 of this Act) that person as well as any other person engaged in the driving of the vehicle, and “drive” is to be interpreted accordingly,

• “footpath”, in relation to England and Wales, means a way over which the public have a right of way on foot only,

• “goods” includes goods or burden of any description,

• “goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods, or a trailer so constructed or adapted,

• “highway authority”, in England and Wales, means—in relation to a road for which he is the highway authority within the meaning of the Highways Act 1980, the Secretary of State, andin relation to any other road, the council of the county, metropolitan district or London borough, or the Common Council of the City of London, as the case may be;

• “international road haulage permit” means a licence, permit, authorisation or other document issued in pursuance of an EU instrument relating to the carriage of goods by road between member States or an international agreement to which the United Kingdom is a party and which relates to the international carriage of goods by road,

• “owner”, in relation to a vehicle which is the subject of a hiring agreement or hire-purchase agreement, means the person in possession of the vehicle under that agreement,

• . . .

• “prescribed” (except in section 5A) means prescribed by regulations made by the Secretary of State,

• “road” , in relation to England and Wales, means any highway and any other road to which the public has access, and includes bridges over which a road passes, andin relation to Scotland, means any road within the meaning of the Roads (Scotland) Act 1984 and any other way to which the public has access, and includes bridges over which a road passes,

• “the Road Traffic Acts” means the Road Traffic Offenders Act 1988, the Road Traffic (Consequential Provisions) Act 1988 (so far as it reproduces the effect of provisions repealed by that Act) and this Act,

• “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),

• “the Traffic Acts” means the Road Traffic Acts and the Road Traffic Regulation Act 1984,

• “traffic sign” has the meaning given by section 64(1) of the Road Traffic Regulation Act 1984,

• “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).

• (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; and

• (b) 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) In this Act—

• “carriageway”

• “footway”

• “local roads authority”

• “public road”

• . . .

• “roads authority”

• “special road” and

• “trunk road”,

in relation to Scotland, have the same meanings as in the Roads (Scotland) Act 1984, and “footpath”, in relation to Scotland, means a way over which the public have a right of way on foot only (whether or not associated with a carriageway).

• (3) References in this Act to a class of vehicles are to be interpreted as references to a class defined or described by reference to any characteristics of the vehicles or to any other circumstances whatsoever and accordingly as authorising the use of “category” to indicate a class of vehicles, however defined or described.

Tramcars and other guided vehicles: drink and drugs.

192A

• (1) Sections 4 to 11 of this Act shall not apply (to the extent that apart from this subsection they would) to vehicles on any transport system to which Chapter I of Part II of the Transport and Works Act 1992 (offences involving drink or drugs on railways, tramways and certain other guided transport systems) applies.

• (2) Subject to subsection (1) above, the Secretary of State may by regulations provide that sections 4 to 11 of this Act shall apply to vehicles on a system of guided transport specified in the regulations with such modifications as he considers necessary or expedient.

• (3) Regulations under subsection (2) above may make different provision for different cases.

• (4) In this section—

• “guided transport” means transport by vehicles guided by means external to the vehicles (whether or not the vehicles are also capable of being operated in some other way), and

• “vehicle” includes mobile traction unit.

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

193

Tramcars and trolley vehicles.

193A

• (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—

• (a) sections 12, 40A to 42, 47, 48, 66, 68 to 73, 75 to 79, 83, 87 to 109, 143 to 165, 168, 170, 171, 178, 190 and 191 of this Act, and

• (b) sections 1, 2, 7, 8, 22, 25 to 29, 31, ... 34 to 48 91ZA, 91A, 96 and 97 of the Road Traffic Offenders Act 1988 (provisions requiring warning of prosecution etc and provisions connected with the licensing of drivers).

• (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.

• (3A) Sections 12A to 12I do not apply to tramcars or to trolley vehicles.

• (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.

General index.

194

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

Supplementary

Provisions as to regulations.

195

• (1) Any power conferred by this Act upon the Secretary of State to make regulations shall be exercisable by statutory instrument.

• (2) Before making any regulations under this Act (other than regulations under section 88(3) or Part V) the Secretary of State must consult with such representative organisations as he thinks fit.

• (2A) Before making any regulations under this Act the Scottish Ministers must consult with such representative organisations as they think fit.

• (3) A statutory instrument whereby any power conferred by this Act upon the Secretary of State to make regulations is exercised (other than the power conferred by sections 5A, ... 11(2), 14, 15 (where exercisable for the purposes of subsection (3) or 3(A) of that section) or 189) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) The Secretary of State must not make any regulations under section 5A, ... 11(2), 14 or (where made for the purposes of subsection (3) or (3A) of that section) 15 of this Act unless a draft of the regulations has been approved by both Houses of Parliament.

• (4ZA) Regulations made by the Scottish Ministers under section 20(5), 36(5) or 41(1) are subject to the negative procedure.

• (4A) Regulations made by the Scottish Ministers under section 5A, ... 11(2) are subject to the affirmative procedure.

• (5) Regulations under section 189 of this Act shall not have effect unless approved by resolution of each House of Parliament.

• (6) This section does not apply in relation to regulations under section 12B(6), 12D(3)(c) or 12E(4) (provision as to which is made by section 12F) or regulations under section 12G or 12H(3), (4), (7) or (8) (provision as to which is made by section 12I).

• (7) Regulations prescribing training for the purposes of section 2A(1A)(b) or 3ZA(2A)(b) may make different provision for different persons or areas.

Provision, etc., of weighbridges.

196

• (1) A highway authority may—

• (a) provide, erect, maintain and operate, or join with another highway authority in providing, erecting, maintaining and operating, weighbridges or other machines for weighing vehicles, or

• (b) contribute towards the cost of the provision, erection, maintenance and operation of any such weighbridge or other machine by any other authority or person.

• (2) The Secretary of State may exercise the powers conferred by subsection (1) above whether or not in his capacity as highway authority, but may provide, erect, maintain and operate any such machine on a road for which he is not the highway authority only with the consent of the highway authority.

• (3) Accordingly the presence of any such machine on a road in consequence of the exercise of those powers by virtue of subsection (2) above (as in any other case) shall not be taken to be an obstruction of the road.

• (4) The provision or erection, or the making of a contribution towards the provision or erection, of any such weighbridge or other machine shall be a purpose for which the highway authority may borrow.

• (5) In relation to Scotland, references in this section to a highway authority are to be read as references to a roads authority.

Short title, commencement and extent.

197

• (1) This Act may be cited as the Road Traffic Act 1988.

• (2) This Act shall come into force, subject to the transitory provisions in Schedule 5 to the Road Traffic (Consequential Provisions) Act 1988, at the end of the period of six months beginning with the day on which it is passed.

• (3) This Act, except section 80 and except as provided by section 184, does not extend to Northern Ireland.

SCHEDULE 1 — Supplementary Provisions in Connection with Proceedings for Offences under Sections 15A, 17 and 18(4)

Proceedings in England and Wales

1

• (1) A person against whom proceedings are brought in England and Wales for an offence under section 15A, 17 or 18(4) of this Act is, upon information duly laid by him and on giving the prosecution not less than three clear days’ notice of his intention, entitled to have any person to whose act or default he alleges that the contravention of that section was due brought before the court in the proceedings.

• (2) If, after the contravention has been proved, the original accused proves that the contravention was due to the act or default of that other person—

• (a) that other person may be convicted of the offence, and

• (b) if the original accused further proves that he has used all due diligence to secure that section 15A,17 or, as the case may be, 18(4) was complied with, he shall be acquitted of the offence.

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

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

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

2

• (1) Where—

• (a) it appears that an offence under section 15A,17 or 18(4) of this Act has been committed in respect of which proceedings might be taken in England and Wales against some person (referred to below in this paragraph as “the original offender”), and

• (b) a person proposing to take proceedings in respect of the offence is reasonably satisfied—

• (i) that the offence of which complaint is made was due to an act or default of some other person, being an act or default which took place in England and Wales, and

• (ii) that the original offender could establish a defence under paragraph 1 of this Schedule,

the proceedings may be taken against that other person without proceedings first being taken against the original offender.

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

3

• (1) Where proceedings are brought in England and Wales against a person (referred to below in this paragraph as “the accused”) in respect of a contravention of section 15A,17 or 18(4) of this Act and it is proved—

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

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

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

• (2) The accused is not entitled to be acquitted under this paragraph unless within seven days from the date of the service of the summons on him—

• (a) he has given notice in writing to the prosecution of his intention to rely upon the provisions of this paragraph, specifying the name and address of the person to whose act or default he alleges that the contravention was due, and

• (b) he has sent a like notice to that person.

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

• (4) Where it is proved that the contravention of section 15A,17 or 18(4) of this Act was due to the act or default of some person other than the accused, being an act or default which took place in Scotland, the court must (whether or not the accused is acquitted) cause notice of the proceedings to be sent to the Secretary of State.

Proceedings in Scotland

4

• (1) Where a contravention of section 15A, 17 or 18(4) of this Act committed by a person in Scotland (referred to in this sub-paragraph as “the original offender”) was due to the act or default of any other person, being an act or default which took place in Scotland then, whether or not proceedings are taken against the original offender, that other person may be charged with and convicted of the contravention and shall be liable on conviction to the same punishment as might have been inflicted on the original offender if he had been convicted of the contravention.

• (2) Where a person (referred to in this sub-paragraph as “the accused") who is charged in Scotland with a contravention of section 15A, 17 or 18(4) of this Act proves to the satisfaction of the court—

• (a) that he used all due diligence to secure that the provision in question was complied with, and

• (b) that the contravention was due to the act or default of some other person,

the accused shall be acquitted of the contravention.

Proceedings in Great Britain

5

• (1A) Subject to the provisions of this paragraph, in any proceedings (whether in England and Wales or Scotland) for an offence under section 15A of this Act it shall be a defence for the accused to prove—

• (a) if the offence is under subsection (3)(a) of that section—

• (i) that he purchased the equipment in question as being of a type which could be lawfully sold or offered for sale as conducive to the safety in the event of accident of prescribed classes of children in prescribed classes of motor vehicles and with a written warranty to that effect;

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

• (iii) that it was then in the same state as when he purchased it;

• (b) if the offence is under subsection (3)(b) of that section, he provided information in relation to the equipment and it is alleged that it did not include appropriate information or included or consisted of inappropriate information—

• (i) that the information provided by him was information which had been provided to him with a written warranty to the effect that it was the information required to be provided by him under section 15A of this Act; and

• (ii) that he had no reason to believe at the time of the commission of the alleged offence that the information provided by him was not the information required to be provided under that section; or

• (c) if the offence is under subsection (3)(b) of that section, he provided information in relation to the equipment and it is alleged that it was not provided in the manner required under that section—

• (i) that the information provided by him had been provided to him either with a written warranty to the effect that it was provided to him in the manner in which it was required to be provided by him under that section or with instructions as to the manner in which the information should be provided by him and with a written warranty to the effect that provision in that manner would comply with regulations under that section;

• (ii) that he had no reason to believe at the time of the commission of the alleged offence that he was not providing the information in the manner required under that section; and

• (iii) that the information was then in the same state as when it was provided to him or, as the case may be, that it was provided by him in accordance with the instructions given to him.

• (1) Subject to the provisions of this paragraph, in any proceedings (whether in England and Wales or Scotland) for an offence under section 17 or 18(4) of this Act it shall be a defence for the accused to prove—

• (a) that he purchased the helmet or appliance in question as being of a type which—

• (i) in the case of section 17, could be lawfully sold or offered for sale under that section, and

• (ii) in the case of section 18(4), could be lawfully sold or offered for sale under section 18 as authorised for use in the manner in question,

and with a written warranty to that effect, and

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

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

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

• (a) the accused—

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

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

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

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

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

6

• (1) An accused who in any proceedings for an offence under section 15A, 17 or 18(4) of this Act wilfully applies to equipment, information, a helmet or, as the case may be, an appliance a warranty not given in relation to it is guilty of an offence.

• (2) A person who, in respect of equipment, a helmet or an appliance sold by him, or information provided by him, being equipment, a helmet, an appliance or information in respect of which a warranty might be pleaded under paragraph 5 of this Schedule, gives to the purchaser a false warranty in writing, is guilty of an offence, unless he proves that when he gave the warranty he had reason to believe that the statements or description contained in it were accurate.

• (3) Where the accused in a prosecution for an offence under section 15A, 17 or 18(4) of this Act relies successfully on a warranty given to him or his employer, any proceedings under sub-paragraph (2) above in respect of the warranty may, at the option of the prosecutor, be taken before a court having jurisdiction in the place—

• (a) where the equipment, helmet or appliance, or any of the equipment, helmets or appliances, to which the warranty relates was procured;

• (b) where the information, or any of it, to which the warranty relates was provided; or

• (c) where the warranty was given.

7

In this Schedule, “equipment” means equipment to which section 15A of this Act applies and “appliance” means an appliance to which section 18 of this Act applies.

SCHEDULE 2 — Deferred Tests of Condition of Vehicles

1

Where the driver is the owner of the vehicle, he may at the time of electing that the test shall be deferred—

• (a) specify a period of seven days within which the deferred test is to take place, being a period falling within the next thirty days, disregarding any day on which the vehicle is outside Great Britain, and

• (b) require that the deferred test shall take place on premises then specified by him where the test can conveniently be carried out or that it shall take place in such area in England . . ., being a county district or Greater London in such county or county borough in Wales, or such area in Scotland, being the area of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 , as he may specify at that time.

2

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

3

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

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

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

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

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

• (6) In this paragraph—

• “notified” means notified in writing to the owner of the vehicle on behalf of the Secretary of State, and

• “notification” shall be construed accordingly,

and any notification under this paragraph may be given by post.

4

The owner of the vehicle must produce it, or secure its production, at the time and place fixed for the carrying out of the deferred test.

5

• (1) References in this Schedule to the owner of a vehicle are references to the owner of the vehicle at the time at which the election is made under section 67(6) of this Act that the test should be deferred.

• (2) For the purposes of this Schedule—

• (a) subject to sub-paragraph (b) below, if at the time at which that election is made the vehicle is in the possession of a person under a hire-purchase agreement or hiring agreement, that person shall be deemed to be the owner of the vehicle to the exclusion of any other person,

• (b) if at that time the vehicle is being used under an international circulation permit, the person to whom the permit was issued shall be deemed to be the owner of the vehicle to the exclusion of any other person.

SCHEDULE 2A — Offence of keeping vehicle which does not meet insurance requirements: immobilisation, removal and disposal of vehicles

Immobilisation

1

• (1) Regulations may make provision with respect to any case where an authorised person has reason to believe that, on or after such date as may be prescribed, an offence under section 144A of this Act is being committed as regards a vehicle which is stationary on a road or other public place.

• (2) The regulations may provide that the authorised person or a person acting under his direction may—

• (a) fix an immobilisation device to the vehicle while it remains in the place where it is stationary, or

• (b) move it from that place to another place on the same or another road or public place and fix an immobilisation device to it in that other place.

• (3) The regulations may provide that on any occasion when an immobilisation device is fixed to a vehicle in accordance with the regulations the person fixing the device must also fix to the vehicle a notice—

• (a) indicating that the device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion until it has been released from the device,

• (b) specifying the steps to be taken to secure its release, and

• (c) giving such other information as may be prescribed.

• (4) The regulations may provide that a vehicle to which an immobilisation device has been fixed in accordance with the regulations—

• (a) may only be released from the device by or under the direction of an authorised person, but

• (b) subject to that, must be released from the device if the first and second requirements specified below are met.

• (5) The first requirement is that such charge in respect of the release as may be prescribed is paid in any manner specified in the immobilisation notice.

• (6) The second requirement is that, in accordance with instructions specified in the immobilisation notice, there is produced such evidence as may be prescribed establishing—

• (a) that any person who proposes to drive the vehicle away will not in doing so be guilty of an offence under section 143 of this Act, and

• (b) that the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994 is not guilty of an offence under section 144A of this Act as regards the vehicle.

• (7) The regulations may provide that they do not apply in relation to a vehicle if—

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

• (b) such other conditions as may be prescribed are fulfilled,

and “ disabled person's badge ” means a 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.

• (8) The regulations may provide that an immobilisation notice is not to be removed or interfered with except by or on the authority of a person falling within a prescribed description.

Offences connected with immobilisation

2

• (1) The regulations may provide that a person contravening provision made under paragraph 1(8) above is guilty of an offence.

• (2) The regulations may provide that a person who, without being authorised to do so in accordance with provision made under paragraph 1 above, removes or attempts to remove an immobilisation device fixed to a vehicle in accordance with the regulations is guilty of an offence.

• (3) The regulations may provide that where they would apply in relation to a vehicle but for provision made under paragraph 1(7)(a) above and the vehicle was not, at the time it was stationary, being used—

• (a) in accordance with regulations under section 21 of the Chronically Sick and Disabled Persons Act 1970, and

• (b) in circumstances falling within section 117(1)(b) of the Road Traffic Regulation Act 1984 (use where a disabled person's concession would be available),

the person in charge of the vehicle at that time is guilty of an offence.

• (4) The regulations may provide that where—

• (a) a person makes a declaration with a view to securing the release of a vehicle from an immobilisation device purported to have been fixed in accordance with the regulations,

• (b) the declaration is that no offence under section 144A of this Act is or was being committed as regards the vehicle, and

• (c) the declaration is to the person's knowledge either false or in any material respect misleading,

he is guilty of an offence.

Removal and disposal of vehicles

3

• (1) The regulations may make provision with respect to any case where—

• (a) an authorised person has reason to believe that an offence under section 144A of this Act is being committed as regards a vehicle which is stationary on a road or other public place, and such conditions as may be prescribed are fulfilled, or

• (b) an authorised person has reason to believe that such an offence was being committed as regards a vehicle at a time when an immobilisation device which is fixed to the vehicle was fixed to it in accordance with the regulations, and such conditions as may be prescribed are fulfilled.

• (2) The regulations may provide that the authorised person, or a person acting under his direction, may remove the vehicle and deliver it into the custody of a person—

• (a) who is identified in accordance with prescribed rules, and

• (b) who agrees to accept delivery in accordance with arrangements agreed between that person and the Secretary of State,

and the arrangements may include provision as to the payment of a sum to the person into whose custody the vehicle is delivered.

• (3) The regulations may provide that the person into whose custody the vehicle is delivered may dispose of it, and may in particular make provision as to—

• (a) the time at which the vehicle may be disposed of, and

• (b) the manner in which it may be disposed of.

• (4) The regulations may make provision allowing a person to take possession of the vehicle if—

• (a) he claims it before it is disposed of, and

• (b) any prescribed conditions are fulfilled.

• (5) The regulations may provide for a sum of an amount arrived at under prescribed rules to be paid to a person if—

• (a) he claims after the vehicle's disposal to be or to have been its owner,

• (b) the claim is made within a prescribed time of the disposal, and

• (c) any other prescribed conditions are fulfilled.

• (6) The regulations may provide that—

• (a) the Secretary of State, or

• (b) a person into whose custody the vehicle is delivered under the regulations,

may recover from the vehicle's owner (whether or not a claim is made under provision made under sub-paragraph (4) or (5) above) such charges as may be prescribed in respect of all or any of the following, namely its release, removal, custody and disposal; and “ owner ” means the person who was the owner when the vehicle was removed.

• (7) The conditions prescribed under sub-paragraph (4) above may include conditions as to—

• (a) satisfying the person with custody that the claimant is the vehicle's owner,

• (b) the payment of prescribed charges in respect of the vehicle's release, removal and custody,

• (c) the production of such evidence as may be prescribed establishing that in driving the vehicle away the claimant will not be guilty of an offence under section 143 of this Act, and

• (d) the production of such evidence as may be prescribed establishing that the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994 is not guilty of an offence under section 144A of this Act as regards the vehicle.

• (8) The regulations may in particular include provision for purposes corresponding to those of sections 101 and 102 of the Road Traffic Regulation Act 1984 (disposal and charges) subject to such additions, omissions or other modifications as the Secretary of State thinks fit.

Offences as to securing possession of vehicles

4

The regulations may provide that where—

• (a) a person makes a declaration with a view to securing possession of a vehicle purported to have been delivered into the custody of a person in accordance with provision made under paragraph 3 above,

• (b) the declaration is that no offence under section 144A of this Act is or was being committed as regards the vehicle, and

• (c) the declaration is to the person's knowledge either false or in any material respect misleading,

he is guilty of an offence.

Disputes

5

The regulations may make provision about the proceedings to be followed where a dispute occurs as a result of the regulations, and may in particular make provision—

• (a) for an application to be made to a magistrates' court or (in Scotland) to the sheriff, or

• (b) for a court to order a sum to be paid by the Secretary of State.

Authorised persons

6

As regards anything falling to be done under the regulations (such as receiving payment of a charge or other sum) the regulations may provide that it may be done—

• (a) by an authorised person, or

• (b) by an authorised person or a person acting under his direction.

Application of Road Traffic Offenders Act 1988

7

The regulations may make provision for the application of any or all of sections 1, 6, 11 and 12(1) of the Road Traffic Offenders Act 1988 to an offence for which provision is made by the regulations.

Interpretation

8

• (1) The regulations may make provision as to the meaning for the purposes of the regulations of “owner” as regards a vehicle.

• (2) In particular, the regulations may provide that for the purposes of the regulations the owner of a vehicle is taken to be the person in whose name it is then registered under the Vehicle Excise and Registration Act 1994.

9

• (1) The regulations may make provision as to the meaning in the regulations of “authorised person”.

• (2) In particular, the regulations may provide that—

• (a) references to an authorised person are to a person authorised by the Secretary of State for the purposes of the regulations,

• (b) an authorised person may be a local authority or an employee of a local authority or a member of a police force or some other person, and

• (c) different persons may be authorised for the purposes of different provisions of the regulations.

10

In this Schedule—

• (a) references to an immobilisation device are to a device or appliance which is an immobilisation device for the purposes of section 104 of the Road Traffic Regulation Act 1984 (immobilisation of vehicles illegally parked), and

• (b) references to an immobilisation notice are to a notice fixed to a vehicle in accordance with the regulations.

SCHEDULE 2A — Form of seat belt symbol for buses

SCHEDULE 3

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2

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SCHEDULE 4

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2

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3

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3A

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4

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5

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6

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7

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8

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9

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10

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11

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Editorial notes