Reform history

Road Traffic Act 1988

100 versions · 1988-11-15
2026-01-01
Road Traffic Act 1988
2025-11-27
Road Traffic Act 1988
2025-06-10
Road Traffic Act 1988
2024-05-07
Road Traffic Act 1988
2024-03-21
Road Traffic Act 1988
2024-01-01
Road Traffic Act 1988
2023-12-26
Road Traffic Act 1988
2023-12-20
Road Traffic Act 1988
2023-12-01
Road Traffic Act 1988
2023-05-31
Road Traffic Act 1988
2022-12-31
Road Traffic Act 1988
2022-07-20
Road Traffic Act 1988
2022-06-28
Road Traffic Act 1988
2021-08-09
Road Traffic Act 1988
2021-05-10
Road Traffic Act 1988
2020-12-31
Road Traffic Act 1988
2020-11-02
Road Traffic Act 1988
2020-09-01
Road Traffic Act 1988
2020-07-22
Road Traffic Act 1988
2019-11-01
Road Traffic Act 1988
2019-04-17
Road Traffic Act 1988
2018-05-20
Road Traffic Act 1988
2018-04-01
Road Traffic Act 1988
2018-01-25
Road Traffic Act 1988
2017-05-08
Road Traffic Act 1988
2017-01-31
Road Traffic Act 1988
2016-12-31
Road Traffic Act 1988
2016-12-23
Road Traffic Act 1988
2016-12-09
Road Traffic Act 1988
2016-08-12
Road Traffic Act 1988
2016-05-23
Road Traffic Act 1988

Changes on 2016-05-23

@@ -4,13 +4,13 @@
### Driving offences
#### Regulations prohibiting the grant of excise licences for certain vehicles except on compliance with certain conditions.
#### Tests of satisfactory condition of goods vehicles and determination of plated weights, etc.
##### 1
A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.
#### Index to Part II.
#### Appointment of stopping officers
##### 2
@@ -578,7 +578,7 @@
- (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- (5) The Secretary of State may by regulations amend subsections (1) and (2) above (whether as originally enacted or as previously amended under this subsection)—
- (5) The national authority may by regulations amend subsections (1) and (2) above (whether as originally enacted or as previously amended under this subsection)—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
@@ -588,6 +588,14 @@
- (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is any case in which a goods vehicle whose operating weight (ascertained in accordance with subsection (2) above as originally enacted) does not exceed 7.5 tonnes is a heavy commercial vehicle for any of the purposes of section 19 of this Act.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
@@ -900,7 +908,7 @@
- (a) of the prescribed size, colour and type, or
- (b) of another character authorised by the Secretary of State under the provisions in that behalf of the Road Traffic Regulation Act 1984,
- (b) of another character authorised by the national 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.
@@ -914,7 +922,7 @@
- (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 Secretary of State under the provisions in that behalf of the Road Traffic Regulation Act 1984, and
- (a) to be of the prescribed size, colour and type, or of another character authorised by the national 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,
@@ -930,7 +938,13 @@
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 Secretary of State for the Environment, Transport and the Regions, the Secretary of State for Wales and the Secretary of State for Scotland acting jointly 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).
- (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 Scottish Ministers.
- (7) Before making regulations under subsection (5) the Scottish Ministers must consult with the Secretary of State.
- (8) In this section “*national authority*” has the meaning given by section 142(1) of the Road Traffic Regulation Act 1984.
#### Directions to pedestrians
@@ -1028,7 +1042,7 @@
##### 41
- (1) The Secretary of State 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.
- (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.
@@ -1065,6 +1079,14 @@
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—
@@ -6296,6 +6318,8 @@
- (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.
@@ -6616,7 +6640,7 @@
#### Causing death by dangerous driving.
#### Causing serious injury by dangerous driving
#### Dangerous driving.
#### Meaning of dangerous driving.
@@ -6634,13 +6658,13 @@
- (4) In determining for the purposes of subsection (2) above the state of a vehicle, regard may be had to anything attached to or carried on or in it and to the manner in which it is attached or carried.
#### Careless, and inconsiderate, driving.
#### Causing death by careless, or inconsiderate, driving
##### 2B
A person who causes the death of another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence.
#### Causing death by driving: unlicensed... or uninsured drivers
#### Meaning of careless, or inconsiderate, driving
##### 3ZA
@@ -6682,7 +6706,7 @@
- (3) Subsection (1)(b), (ba), (c) and (d) above shall not apply in relation to a person driving a mechanically propelled vehicle other than a motor vehicle.
#### Restriction on carrying children not wearing seat belts in motor vehicles.
#### Seat belts: adults.
##### 6A
@@ -6936,7 +6960,7 @@
- “*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.
#### Protective helmets for motor cyclists.
#### Wearing of protective headgear.
##### 19A
@@ -6976,7 +7000,7 @@
### Using vehicle in dangerous condition
#### Regulation of construction, weight, equipment and use of vehicles.
#### Careless, and inconsiderate, cycling.
##### 40A
@@ -7002,247 +7026,247 @@
is guilty of an offence.
#### Using vehicle in dangerous condition etc.
##### 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 brakes, steering-gear or tyres.
##### 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.
##### 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.
##### 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.
##### 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—
- (a) a part of the records maintained under section 45(6B) of this Act,
- (b) a copy of a document forming part of those records, or
- (c) a note of any information contained in those records,
and to be authenticated by a person authorised to do so by the Secretary of State.
- (3) In this section as it has effect in England and Wales—
- “*document*” means anything in which information of any description is recorded;
- “*copy*”, in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly; and
- “*statement*” means any representation of fact, however made.
- (4) In this section as it has effect in Scotland, “*document*” and “*statement*” have the same meanings as in section 17(3) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968, and the reference to a copy of a document shall be construed in accordance with section 17(4) of that Act.
- (5) Nothing in subsection (4) above limits to civil proceedings the reference to proceedings in subsection (1) above.
#### 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,
#### Supplementary provisions about test certificates.
##### 49A
- (1) This section applies to—
- (a) the records maintained by the Secretary of State (or caused by him to be maintained) under section 49(3A) 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 53 of this Act.
- (4) This section does not limit any powers of the Secretary of State apart from this section.
##### 63A
- (1) The Secretary of State may by regulations make provision—
- (a) for the determination, in such circumstances as may be prescribed, of the plated weights (or any of the plated weights) for goods vehicles of any prescribed class otherwise than on an examination under regulations made under section 49 or 61 of this Act; and
- (b) for the amendment of any approval certificate in force in respect of a vehicle of any such class so as to specify the weights determined for that vehicle under the regulations in place of any weights superseded by those weights or the cancellation of any such certificate and the issue in place of it of a different certificate specifying the weights so determined in place of any weights so superseded.
- (2) Any person aggrieved by a determination of plated weights for a goods vehicle under regulations made under this section may appeal to the Secretary of State and on the appeal the Secretary of State shall cause the vehicle to be examined by an officer of the Secretary of State appointed by him for the purpose and shall make such determination on the basis of the examination as he thinks fit.
- (3) Without prejudice to the generality of subsection (1) above, regulations under this section—
- (a) may provide for the determination of any plated weights for a goods vehicle under the regulations to be made by the Secretary of State or by the prescribed testing authority;
- (b) may contain the like provisions with respect to any appeal brought by virtue of subsection (2) above and any examination on any such appeal as may be contained in any regulations made by virtue of paragraphs (c), (g) and (h) of section 51(1) of this Act in relation to an appeal under section 50(1) and any examination on any such appeal;
- (c) may specify the manner in which, and the time before or within which, applications may be made for the determination of plated weights of vehicles under the regulations, and the information to be supplied and documents to be produced on any such application;
- (d) may make provision as to the fees to be paid on any such application;
- (e) may provide for the issue of replacements for any plates fixed to a vehicle specifying weights superseded by weights specified in an approval certificate amended under the regulations or in any certificate issued under the regulations in place of an approval certificate, and for the payment of a fee for their issue; and
- (f) may make different provision for different cases.
- (4) In this section “*approval certificate*” means a plating certificate and any certificate of conformity or Minister’s approval certificate specifying any plated weights.
- (5) Any certificate issued in respect of a goods vehicle under regulations made under this section in replacement of an approval certificate of any description mentioned in subsection (4) above—
- (a) shall be in the form appropriate for an approval certificate of that description;
- (b) shall be identical in content with the certificate it replaces, save for any alterations in the plated weights authorised by the regulations; and
- (c) shall be treated for the purposes of this Part of this Act (including this section) and any regulations made under any provision of this Part of this Act as if it were the same certificate as the certificate it replaces;
and any plate so issued in replacement of a plate fixed to the vehicle under section 57 or 58 of this Act shall, when fixed to the vehicle, be treated as so fixed under that section.
##### 64A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 65A
- (1) Subject to subsections (3) to (6) below, any person who supplies . . . a vehicle to which the motorcycle type approval Directive applies —
- (a) which has not been registered—
- (i) under section 21 of the Vehicle Excise and Registration Act 1994, or
- (ii) under the law of an EEA State other than the United Kingdom, and
- (b) in respect of which no EC certificate of conformity has effect,
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 requirements as to control of vehicle, mobile telephones etc.
##### 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.
##### 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.
##### 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.
##### 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—
- (a) a part of the records maintained under section 45(6B) of this Act,
- (b) a copy of a document forming part of those records, or
- (c) a note of any information contained in those records,
and to be authenticated by a person authorised to do so by the Secretary of State.
- (3) In this section as it has effect in England and Wales—
- “*document*” means anything in which information of any description is recorded;
- “*copy*”, in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly; and
- “*statement*” means any representation of fact, however made.
- (4) In this section as it has effect in Scotland, “*document*” and “*statement*” have the same meanings as in section 17(3) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968, and the reference to a copy of a document shall be construed in accordance with section 17(4) of that Act.
- (5) Nothing in subsection (4) above limits to civil proceedings the reference to proceedings in subsection (1) above.
#### Breach of requirements as to control of vehicle, mobile telephones etc.
#### Supplementary provisions about test certificates.
##### 49A
- (1) This section applies to—
- (a) the records maintained by the Secretary of State (or caused by him to be maintained) under section 49(3A) 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 53 of this Act.
- (4) This section does not limit any powers of the Secretary of State apart from this section.
##### 63A
- (1) The Secretary of State may by regulations make provision—
- (a) for the determination, in such circumstances as may be prescribed, of the plated weights (or any of the plated weights) for goods vehicles of any prescribed class otherwise than on an examination under regulations made under section 49 or 61 of this Act; and
- (b) for the amendment of any approval certificate in force in respect of a vehicle of any such class so as to specify the weights determined for that vehicle under the regulations in place of any weights superseded by those weights or the cancellation of any such certificate and the issue in place of it of a different certificate specifying the weights so determined in place of any weights so superseded.
- (2) Any person aggrieved by a determination of plated weights for a goods vehicle under regulations made under this section may appeal to the Secretary of State and on the appeal the Secretary of State shall cause the vehicle to be examined by an officer of the Secretary of State appointed by him for the purpose and shall make such determination on the basis of the examination as he thinks fit.
- (3) Without prejudice to the generality of subsection (1) above, regulations under this section—
- (a) may provide for the determination of any plated weights for a goods vehicle under the regulations to be made by the Secretary of State or by the prescribed testing authority;
- (b) may contain the like provisions with respect to any appeal brought by virtue of subsection (2) above and any examination on any such appeal as may be contained in any regulations made by virtue of paragraphs (c), (g) and (h) of section 51(1) of this Act in relation to an appeal under section 50(1) and any examination on any such appeal;
- (c) may specify the manner in which, and the time before or within which, applications may be made for the determination of plated weights of vehicles under the regulations, and the information to be supplied and documents to be produced on any such application;
- (d) may make provision as to the fees to be paid on any such application;
- (e) may provide for the issue of replacements for any plates fixed to a vehicle specifying weights superseded by weights specified in an approval certificate amended under the regulations or in any certificate issued under the regulations in place of an approval certificate, and for the payment of a fee for their issue; and
- (f) may make different provision for different cases.
- (4) In this section “*approval certificate*” means a plating certificate and any certificate of conformity or Minister’s approval certificate specifying any plated weights.
- (5) Any certificate issued in respect of a goods vehicle under regulations made under this section in replacement of an approval certificate of any description mentioned in subsection (4) above—
- (a) shall be in the form appropriate for an approval certificate of that description;
- (b) shall be identical in content with the certificate it replaces, save for any alterations in the plated weights authorised by the regulations; and
- (c) shall be treated for the purposes of this Part of this Act (including this section) and any regulations made under any provision of this Part of this Act as if it were the same certificate as the certificate it replaces;
and any plate so issued in replacement of a plate fixed to the vehicle under section 57 or 58 of this Act shall, when fixed to the vehicle, be treated as so fixed under that section.
##### 64A
- (2) In this section references to supply include—
- (a) sell,
- (b) offer to sell or supply, and
- (c) expose for sale.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3A) A person shall not be convicted of an offence under this section in respect of the supply of a vehicle . . . if he proves that the vehicle was one in respect of which the grant of a licence or nil licence under the Vehicle Excise and Registration Act 1994 was not prohibited by regulation 16 of the Motor Cycles Etc. (EC Type Approval) Regulations 1999.
- (4) A person shall not be convicted of an offence under this section in respect of the supply of a vehicle if he proves—
- (a) that it was supplied for export from the United Kingdom to a country which is not an EEA State, or
- (b) that he had reasonable cause to believe—
- (i) that it would not be used on a road in the United Kingdom or any other EEA State, or
- (ii) that it would not be so used until an EC certificate of conformity had been issued in respect of it.
- (5) This section does not apply in relation to the supply of a vehicle—
- (a) to the Crown for naval, military or air force purposes,
- (b) for the purposes of the military forces of any country outside the United Kingdom,
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) to a local policing body or police authority for police purposes, or
- (e) to any public authority in an EEA State outside the United Kingdom which has responsibilities for maintaining public order.
- (6) This section does not apply in relation to a vehicle in respect of which a Minister’s approval certificate issued under section 58(1) of this Act or a Department’s approval certificate issued under Article 31A(4) of the Road Traffic (Northern Ireland) Order 1981 has effect.
- (7) Nothing in subsection (1) above shall affect the validity of a contract or any rights arising under or in relation to a contract.
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Vehicle examiners
##### 66A
- (1) The Secretary of State shall appoint such examiners as he considers necessary for the purpose of carrying out the functions conferred on them by this Part of this Act, the Goods Vehicles (Licensing of Operators) Act 1995, the Public Passenger Vehicles Act 1981, the Transport Act 1968 and any other enactment.
- (2) An examiner appointed under this section shall act under the general directions of the Secretary of State.
- (3) In this Part of this Act “*vehicle examiner*” means an examiner appointed under this section.
##### 67A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 65A
- (1) Subject to subsections (3) to (6) below, any person who supplies . . . a vehicle to which the motorcycle type approval Directive applies —
- (a) which has not been registered—
- (i) under section 21 of the Vehicle Excise and Registration Act 1994, or
- (ii) under the law of an EEA State other than the United Kingdom, and
- (b) in respect of which no EC certificate of conformity has effect,
is guilty of an offence.
- (2) In this section references to supply include—
- (a) sell,
- (b) offer to sell or supply, and
- (c) expose for sale.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3A) A person shall not be convicted of an offence under this section in respect of the supply of a vehicle . . . if he proves that the vehicle was one in respect of which the grant of a licence or nil licence under the Vehicle Excise and Registration Act 1994 was not prohibited by regulation 16 of the Motor Cycles Etc. (EC Type Approval) Regulations 1999.
- (4) A person shall not be convicted of an offence under this section in respect of the supply of a vehicle if he proves—
- (a) that it was supplied for export from the United Kingdom to a country which is not an EEA State, or
- (b) that he had reasonable cause to believe—
- (i) that it would not be used on a road in the United Kingdom or any other EEA State, or
- (ii) that it would not be so used until an EC certificate of conformity had been issued in respect of it.
- (5) This section does not apply in relation to the supply of a vehicle—
- (a) to the Crown for naval, military or air force purposes,
- (b) for the purposes of the military forces of any country outside the United Kingdom,
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) to a local policing body or police authority for police purposes, or
- (e) to any public authority in an EEA State outside the United Kingdom which has responsibilities for maintaining public order.
- (6) This section does not apply in relation to a vehicle in respect of which a Minister’s approval certificate issued under section 58(1) of this Act or a Department’s approval certificate issued under Article 31A(4) of the Road Traffic (Northern Ireland) Order 1981 has effect.
- (7) Nothing in subsection (1) above shall affect the validity of a contract or any rights arising under or in relation to a contract.
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Vehicle examiners
##### 66A
- (1) The Secretary of State shall appoint such examiners as he considers necessary for the purpose of carrying out the functions conferred on them by this Part of this Act, the Goods Vehicles (Licensing of Operators) Act 1995, the Public Passenger Vehicles Act 1981, the Transport Act 1968 and any other enactment.
- (2) An examiner appointed under this section shall act under the general directions of the Secretary of State.
- (3) In this Part of this Act “*vehicle examiner*” means an examiner appointed under this section.
##### 67A
##### 67B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 67B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Supplementary provisions about test certificates.
#### Temporary exemption from application of regulations under section 41.
### Prohibition of unfit vehicles
#### Use of records of goods vehicle examinations, etc.
#### Obligatory test certificates.
##### 69A
@@ -7254,7 +7278,7 @@
- (4) In any other case, the prohibition may be imposed with a direction making it irremovable unless and until the vehicle has been inspected in accordance with regulations under section 72 of this Act by a vehicle examiner or authorised constable (within the meaning of section 69 of this Act).
#### Inspection of public passenger vehicles and goods vehicles.
#### Regulations prohibiting the grant of excise licences for certain vehicles except on compliance with certain conditions.
#### Appointment of examiners.
@@ -7731,7 +7755,7 @@
### Licensing of drivers of large goods vehicles and passenger-carrying vehicles.
#### Conduct of proceedings in certain courts by or against the Secretary of State.
#### Index to Part II.
##### 115A
@@ -9309,6 +9333,8 @@
[^c13977421]: Words in s. 84(2) substituted (1.7.1992) by [Road Traffic Act 1991 (c. 40, SIF 107:1)](https://www.legislation.gov.uk/ukpga/1991/40), [s. 48](https://www.legislation.gov.uk/ukpga/1991/40/section/48), [Sch. 4 para. 60](https://www.legislation.gov.uk/ukpga/1991/40/schedule/4/paragraph/60); [S.I. 1992/1286](https://www.legislation.gov.uk/uksi/1992/1286), [art. 2](https://www.legislation.gov.uk/uksi/1992/1286/article/2),Sch.
[^c20985261]: S. 85(1): definition of "Community Recording Equipment Regulation" substituted (23.4.2010) by [The Passenger and Goods Vehicles (Community Recording Equipment Regulation) Regulations 2010 (S.I. 2010/892)](https://www.legislation.gov.uk/uksi/2010/892), [reg. 3(2)(d)](https://www.legislation.gov.uk/uksi/2010/892/regulation/3/2/d)
[^c20358761]: S. 85: definition of "EC certificate of conformity" substituted (29.4.2009) by virtue of [The Road Vehicles (Approval) (Consequential Amendments) Regulations 2009 (S.I. 2009/818)](https://www.legislation.gov.uk/uksi/2009/818), [reg. 3(6)(a)](https://www.legislation.gov.uk/uksi/2009/818/regulation/3/6/a)
[^c13978291]: In s. 85 definition of "EEA Agreement" inserted (30.11.1999) by [S.I. 1999/2920](https://www.legislation.gov.uk/uksi/1999/2920), [reg. 19](https://www.legislation.gov.uk/uksi/1999/2920/regulation/19), [Sch. 2 para. 4(3)](https://www.legislation.gov.uk/uksi/1999/2920/schedule/2/paragraph/4/3)
@@ -11303,12 +11329,30 @@
[^key-12f768f65449e06ff9714604dacb072e]: Words in s. 86 omitted (2.3.2016) by virtue of [The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248)](https://www.legislation.gov.uk/uksi/2016/248), [regs. 1(2)](https://www.legislation.gov.uk/uksi/2016/248/regulation/1/2), [12(4)](https://www.legislation.gov.uk/uksi/2016/248/regulation/12/4)
[^key-2abcc1c9cb9c1f9c2e42b0501f8f0006]: [S. 20(8)](https://www.legislation.gov.uk/ukpga/1988/52/section/20/8)[(9)](https://www.legislation.gov.uk/ukpga/1988/52/section/20/9) added (23.5.2016) by [Scotland Act 2016 (c. 11)](https://www.legislation.gov.uk/ukpga/2016/11), [ss. 43(4)](https://www.legislation.gov.uk/ukpga/2016/11/section/43/4), [72(7)](https://www.legislation.gov.uk/ukpga/2016/11/section/72/7)
[^key-f754d385a64927f945efbbd3b49f7ba1]: Words in [s. 20(5)](https://www.legislation.gov.uk/ukpga/1988/52/section/20/5) substituted (23.5.2016) by [Scotland Act 2016 (c. 11)](https://www.legislation.gov.uk/ukpga/2016/11), [ss. 43(3)](https://www.legislation.gov.uk/ukpga/2016/11/section/43/3), [72(7)](https://www.legislation.gov.uk/ukpga/2016/11/section/72/7)
[^key-96cbba9916eda1eb43082e30139d6844]: S. 36(6)-(8) inserted (23.5.2016) by [Scotland Act 2016 (c. 11)](https://www.legislation.gov.uk/ukpga/2016/11), [ss. 41(23)](https://www.legislation.gov.uk/ukpga/2016/11/section/41/23), [72(7)](https://www.legislation.gov.uk/ukpga/2016/11/section/72/7) (with [Sch. 2 paras. 34(2)](https://www.legislation.gov.uk/ukpga/2016/11/schedule/2/paragraph/34/2), [35(2)](https://www.legislation.gov.uk/ukpga/2016/11/schedule/2/paragraph/35/2))
[^key-83f130fb754f39bb3535e84699122db5]: Words in s. 36(5) substituted (23.5.2016) by [Scotland Act 2016 (c. 11)](https://www.legislation.gov.uk/ukpga/2016/11), [ss. 41(22)](https://www.legislation.gov.uk/ukpga/2016/11/section/41/22), [72(7)](https://www.legislation.gov.uk/ukpga/2016/11/section/72/7) (with [Sch. 2 paras. 34(2)](https://www.legislation.gov.uk/ukpga/2016/11/schedule/2/paragraph/34/2), [35(2)](https://www.legislation.gov.uk/ukpga/2016/11/schedule/2/paragraph/35/2))
[^key-c092ab04f16bf86c1b0aaefb3b4cf7fc]: Words in s. 36(1)(b) substituted (23.5.2016) by [Scotland Act 2016 (c. 11)](https://www.legislation.gov.uk/ukpga/2016/11), [ss. 41(21)](https://www.legislation.gov.uk/ukpga/2016/11/section/41/21), [72(7)](https://www.legislation.gov.uk/ukpga/2016/11/section/72/7) (with [Sch. 2 paras. 34(2)](https://www.legislation.gov.uk/ukpga/2016/11/schedule/2/paragraph/34/2), [35(2)](https://www.legislation.gov.uk/ukpga/2016/11/schedule/2/paragraph/35/2))
[^key-0ae6fa04731f567ae93e4a54f7ebe730]: Words in s. 36(3)(a) substituted (23.5.2016) by [Scotland Act 2016 (c. 11)](https://www.legislation.gov.uk/ukpga/2016/11), [ss. 41(21)](https://www.legislation.gov.uk/ukpga/2016/11/section/41/21), [72(7)](https://www.legislation.gov.uk/ukpga/2016/11/section/72/7) (with [Sch. 2 paras. 34(2)](https://www.legislation.gov.uk/ukpga/2016/11/schedule/2/paragraph/34/2), [35(2)](https://www.legislation.gov.uk/ukpga/2016/11/schedule/2/paragraph/35/2))
[^key-0a69fb8f74f8f6a782385dc9839141e0]: [S. 41(2A)](https://www.legislation.gov.uk/ukpga/1988/52/section/41/2A)[(2B)](https://www.legislation.gov.uk/ukpga/1988/52/section/41/2B) inserted (23.5.2016) by [Scotland Act 2016 (c. 11)](https://www.legislation.gov.uk/ukpga/2016/11), [ss. 43(7)](https://www.legislation.gov.uk/ukpga/2016/11/section/43/7), [72(7)](https://www.legislation.gov.uk/ukpga/2016/11/section/72/7)
[^key-2f9753daad175e2e5a4987e6f11a9869]: Words in [s. 41(1)](https://www.legislation.gov.uk/ukpga/1988/52/section/41/1) substituted (23.5.2016) by [Scotland Act 2016 (c. 11)](https://www.legislation.gov.uk/ukpga/2016/11), [ss. 43(6)](https://www.legislation.gov.uk/ukpga/2016/11/section/43/6), [72(7)](https://www.legislation.gov.uk/ukpga/2016/11/section/72/7)
[^key-c0f74ba71a2b1a0387ae41beb6789f90]: S. 195(4ZA) inserted (23.5.2016) by [Scotland Act 2016 (c. 11)](https://www.legislation.gov.uk/ukpga/2016/11), [s. 72(7)](https://www.legislation.gov.uk/ukpga/2016/11/section/72/7), [Sch. 2 para. 19](https://www.legislation.gov.uk/ukpga/2016/11/schedule/2/paragraph/19)
[^key-2754fb5859b4f067104e111a6598d7d9]: Words in [s. 86](https://www.legislation.gov.uk/ukpga/1988/52/section/86) inserted (2.3.2016) by [The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248)](https://www.legislation.gov.uk/uksi/2016/248), [regs. 1(2)](https://www.legislation.gov.uk/uksi/2016/248/regulation/1/2), [12(4)](https://www.legislation.gov.uk/uksi/2016/248/regulation/12/4)
[^key-cda784ae133925a3cb257dd0c7586459]: Words in s. 85(1) inserted (2.3.2016) by [The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248)](https://www.legislation.gov.uk/uksi/2016/248), [regs. 1(2)](https://www.legislation.gov.uk/uksi/2016/248/regulation/1/2), [12(3)](https://www.legislation.gov.uk/uksi/2016/248/regulation/12/3)
[^M_C_1c863e2c-5735-4920-a1a1-05e3b1842dc2]: Pt. 3 excluded by [1988 c. 53](https://www.legislation.gov.uk/ukpga/1988/53), [s. 37(4)](https://www.legislation.gov.uk/ukpga/1988/53/section/37/4) (as added (4.1.2016) by [The Road Traffic Offenders Act 1988 and Motor Vehicles (Driving Licences) (Amendment) Regulations 2015 (S.I. 2015/2004)](https://www.legislation.gov.uk/uksi/2015/2004), [reg. 2(2)](https://www.legislation.gov.uk/uksi/2015/2004/regulation/2/2))
[^key-cda784ae133925a3cb257dd0c7586459]: Words in s. 85(1) inserted (2.3.2016) by [The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248)](https://www.legislation.gov.uk/uksi/2016/248), [regs. 1(2)](https://www.legislation.gov.uk/uksi/2016/248/regulation/1/2), [12(3)](https://www.legislation.gov.uk/uksi/2016/248/regulation/12/3)
[^key-2754fb5859b4f067104e111a6598d7d9]: Words in [s. 86](https://www.legislation.gov.uk/ukpga/1988/52/section/86) inserted (2.3.2016) by [The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248)](https://www.legislation.gov.uk/uksi/2016/248), [regs. 1(2)](https://www.legislation.gov.uk/uksi/2016/248/regulation/1/2), [12(4)](https://www.legislation.gov.uk/uksi/2016/248/regulation/12/4)
[^M_F_42fab9ce-8a31-4fa0-ee66-de333109cd80]: Words in s. 125A(8) repealed (8.6.2015) by [Road Safety Act 2006 (c. 49)](https://www.legislation.gov.uk/ukpga/2006/49), [s. 61(1)(10)](https://www.legislation.gov.uk/ukpga/2006/49/section/61/1/10), [Sch. 3 para. 23](https://www.legislation.gov.uk/ukpga/2006/49/schedule/3/paragraph/23), [Sch. 7(4)](https://www.legislation.gov.uk/ukpga/2006/49/schedule/7/4); [S.I. 2015/560](https://www.legislation.gov.uk/uksi/2015/560), [art. 3](https://www.legislation.gov.uk/uksi/2015/560/article/3) (with [arts. 4-9](https://www.legislation.gov.uk/uksi/2015/560/article/4))
[^M_F_be0044f6-ef5b-4145-fc3d-b0f03ada7cf5]: S. 125A omitted (8.6.2015) by virtue of [Deregulation Act 2015 (c. 20)](https://www.legislation.gov.uk/ukpga/2015/20), [s. 115(2)](https://www.legislation.gov.uk/ukpga/2015/20/section/115/2), [Sch. 2 para. 18](https://www.legislation.gov.uk/ukpga/2015/20/schedule/2/paragraph/18); [S.I. 2015/994](https://www.legislation.gov.uk/uksi/2015/994), [art. 7(a)](https://www.legislation.gov.uk/uksi/2015/994/article/7/a) (with [Sch. Pt. 3](https://www.legislation.gov.uk/uksi/2015/994/schedule/part/3))
@@ -11451,9 +11495,9 @@
#### Driving instruction for payment to be given only by registered or licensed persons.
#### Exceptions from requirement of third-party insurance or security.
#### Driving with uncorrected defective eyesight.
#### Drivers of motor vehicles to have driving licences.
#### The alternative requirements to those in section 89.
#### Section 144A offence: supplementary
@@ -11461,141 +11505,325 @@
#### Removal of prohibitions.
#### Prohibitions conditional on inspection etc.
#### Functions of traffic commissioners.
#### Functions of traffic commissioners.
#### Exemption of police instructors from prohibition imposed by section 123.
#### Exceptions.
#### Review of conduct of test.
#### Compulsory driver training courses.
#### Revocation of authorisation conferred by Community licence because of disability or prospective disability.
#### Regulations prohibiting the grant of excise licences for certain vehicles except on compliance with certain conditions.
#### Power to prohibit driving of unfit vehicles.
#### Appointment of examiners.
#### Drivers of motor vehicles to have driving licences.
#### Notification of refusal of insurance on grounds of health.
#### Remedying defects discovered on roadside test.
#### Removal of prohibitions.
#### Grants of licences: fitness as regards conduct.
#### Users of motor vehicles to be insured or secured against third-party risks.
#### Revocation of authorisation conferred by Community licence because of disability or prospective disability.
#### Return of Community licences delivered to Secretary of State.
#### Prohibition of driving or parking on cycle tracks.
#### Breach of requirement as to speed assessment equipment detection devices
#### Index to Part II.
#### Inspection of public passenger vehicles and goods vehicles.
#### Index to Part II.
#### Notification of refusal of insurance on grounds of health.
#### Information relating to disabilities etc.
#### Stopping officers: offences
#### Stopping officers: offences
#### Official testing stations.
#### Return of Community licences delivered to Secretary of State.
#### Obtaining licence, or driving, while disqualified.
#### Revocation of authorisation conferred by Northern Ireland licence because of disability or prospective disability
#### Power to prohibit driving of unfit vehicles.
#### Information relating to disabilities etc
#### Appeals relating to licences.
#### Provisions as to Northern Ireland drivers’ licences.
#### Provisions as to Northern Ireland drivers’ licences.
#### Disqualification of persons under age.
#### General index.
#### Avoidance of certain exceptions to policies or securities.
#### Exceptions to section 151.
#### Bankruptcy, etc., of insured or secured persons not to affect claims by third parties.
#### Requirements in respect of securities.
#### Bankruptcy, etc., of insured or secured persons not to affect claims by third parties.
#### Exceptions to section 151.
#### Duty to give information as to insurance or security where claim made.
#### False statements and withholding material information.
#### General index.
### Stopping officers
##### 66B
- (1) The Secretary of State shall appoint such officers as the Secretary of State considers necessary for the purpose of exercising the powers conferred on them by—
- (a) this Part of this Act;
- (b) the Goods Vehicles (Licensing of Operators) Act 1995;
- (c) the Public Passenger Vehicles Act 1981;
- (d) the Transport Act 1968;
- (e) any other enactment.
- (2) An officer appointed under this section shall act under the general directions of the Secretary of State.
- (3) The Secretary of State must not appoint a person under this section unless the Secretary of State is satisfied that—
- (a) the person is a suitable person to exercise the powers of a stopping officer;
- (b) the person is capable of effectively exercising those powers; and
- (c) the person has received adequate training for the exercise of those powers.
- (4) A power exercisable by virtue of an appointment under this section is exercisable only by a person wearing such uniform as may be determined or approved for the purposes of this section by the Secretary of State.
- (5) In this Part “stopping officer” means an officer appointed under this section.
##### 66C
- (1) A person commits an offence if the person, with intent to deceive, impersonates a stopping officer or makes any statement or does any act calculated falsely to suggest that the person is a stopping officer.
- (2) A person commits an offence if the person resists or wilfully obstructs a stopping officer who is exercising the powers of a stopping officer.
#### Functions of traffic commissioners.
#### Functions of traffic commissioners.
#### Exemption of police instructors from prohibition imposed by section 123.
#### Exceptions.
#### Review of conduct of test.
#### Revocation of authorisation conferred by Community licence because of disability or prospective disability.
#### Information relating to disabilities etc.
#### Regulations prohibiting the grant of excise licences for certain vehicles except on compliance with certain conditions.
#### Power to prohibit driving of unfit vehicles.
#### Removal of prohibitions.
#### Drivers of motor vehicles to have driving licences.
#### Notification of refusal of insurance on grounds of health.
#### Power to prohibit driving of unfit vehicles.
#### Provisions supplementary to sections 69 to 72.
#### Grants of licences: fitness as regards conduct.
#### Users of motor vehicles to be insured or secured against third-party risks.
#### Revocation of authorisation conferred by Community licence because of disability or prospective disability.
#### Return of Community licences delivered to Secretary of State.
#### Protective helmets for motor cyclists.
#### Authorisation of use on roads of special vehicles not complying with regulations under section 41.
#### Index to Part II.
#### Power to prohibit driving of unfit vehicles.
#### Index to Part II.
#### Requirements to complete training courses.
#### Appeals relating to licences.
#### Stopping officers: offences
#### Stopping officers: offences
#### Index to Part II.
#### Disqualification to prevent duplication of licences.
#### Offence of keeping vehicle which does not meet insurance requirements
#### Fixed penalty notices
#### Avoidance of certain agreements as to liability towards passengers.
#### Requirements in respect of securities.
#### Avoidance of certain exceptions to policies or securities.
#### Regulations.
#### Interpretation.
#### Index to Part VI.
#### Index to Part VI.
#### Approved test assistants
#### False statements and withholding material information.
#### Issue of false documents.
#### Bankruptcy, etc., of insured or secured persons not to affect claims by third parties.
#### Regulations.
#### Issue of false documents.
#### Power of constables to obtain names and addresses of drivers and others, and to require production of evidence of insurance or security and test certificates.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### General index.
#### General index.
##### 1A
- (1) A person who causes serious injury to another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.
- (2) In this section “*serious injury*” means—
- (a) in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and
- (b) in Scotland, severe physical injury.
#### Driving instruction for payment to be given only by registered or licensed persons.
#### Licences for giving instruction so as to obtain practical experience.
#### Offence of keeping vehicle which does not meet insurance requirements
#### Fixed penalty notices
#### Avoidance of certain exceptions to policies or securities.
#### Interpretation.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 97A
- (1) For the purposes of an application under section 97, a person meets the relevant residence requirement if, on the date the application is made—
- (a) in the case of an application that is made by virtue of section 89(1)(ea) (application by holder of Community licence), the applicant is lawfully resident in the United Kingdom and—
- (i) is also normally resident in the United Kingdom, or
- (ii) has been attending a course of study in the United Kingdom during the period of six months ending on that date;
- (b) in the case of an application that is made by virtue of section 89(1)(f) (application by holder of exchangeable licence), the applicant is normally and lawfully resident in Great Britain but has not been so resident for more than the prescribed period;
- (c) in the case of an application that is made by virtue of section 97(2) (application for provisional licence), the applicant is lawfully resident in Great Britain and the Secretary of State is satisfied that the applicant will remain so for not less than 185 days; and
- (d) in any other case, the applicant is lawfully resident in the United Kingdom and—
- (i) is also normally resident in Great Britain, or
- (ii) has been attending a course of study in Great Britain during the period of 6 months ending on that date.
- (2) For the purposes of subsection (1) a person is not lawfully resident in Great Britain or the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it.
#### Tramcars and other guided vehicles: drink and drugs.
#### Revocation of authorisation conferred by Northern Ireland licence because of disability or prospective disability
#### Power to prohibit driving of overloaded goods vehicles.
#### Information relating to disabilities etc
#### Conduct of proceedings in certain courts by or against the Secretary of State.
#### Provisions as to Northern Ireland drivers’ licences.
#### Revocation of authorisation conferred by Northern Ireland licence because of disability or prospective disability
#### Conduct of proceedings in certain courts by or against the Secretary of State.
#### General index.
#### Avoidance of certain exceptions to policies or securities.
#### Provisions as to regulations.
#### Driving, or being in charge, when under influence of drink or drugs.
##### 5A
- (1) This section applies where a person (“D”)—
- (a) drives or attempts to drive a motor vehicle on a road or other public place, or
- (b) is in charge of a motor vehicle on a road or other public place,
and there is in D's body a specified controlled drug.
- (2) D is guilty of an offence if the proportion of the drug in D's blood or urine exceeds the specified limit for that drug.
- (3) It is a defence for a person (“D”) charged with an offence under this section to show that—
- (a) the specified controlled drug had been prescribed or supplied to D for medical or dental purposes,
- (b) D took the drug in accordance with any directions given by the person by whom the drug was prescribed or supplied, and with any accompanying instructions (so far as consistent with any such directions) given by the manufacturer or distributor of the drug, and
- (c) D's possession of the drug immediately before taking it was not unlawful under section 5(1) of the Misuse of Drugs Act 1971 (restriction of possession of controlled drugs) because of an exemption in regulations made under section 7 of that Act (authorisation of activities otherwise unlawful under foregoing provisions).
- (4) The defence in subsection (3) is not available if D's actions were—
- (a) contrary to any advice, given by the person by whom the drug was prescribed or supplied, about the amount of time that should elapse between taking the drug and driving a motor vehicle, or
- (b) contrary to any accompanying instructions about that matter (so far as consistent with any such advice) given by the manufacturer or distributor of the drug.
- (5) If evidence is adduced that is sufficient to raise an issue with respect to the defence in subsection (3), the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
- (6) It is a defence for a person (“D”) charged with an offence by virtue of subsection (1)(b) to prove that at the time D is alleged to have committed the offence the circumstances were such that there was no likelihood of D driving the vehicle whilst the proportion of the specified controlled drug in D's blood or urine remained likely to exceed the specified limit for that drug.
- (7) The court may, in determining whether there was such a likelihood, disregard any injury to D and any damage to the vehicle.
- (8) In this section, and in sections 3A, 6C(1), 6D and 10, “*specified*” means specified in regulations made—
- (a) by the Secretary of State, in relation to driving or attempting to drive, or being in charge of a vehicle, in England and Wales;
- (b) by the Scottish Ministers, in relation to driving or attempting to drive, or being in charge of a vehicle, in Scotland.
- (9) A limit specified under subsection (2) may be zero.
##### 3ZC
A person is guilty of an offence under this section if he or she—
- (a) causes the death of another person by driving a motor vehicle on a road, and
- (b) at that time, is committing an offence under section 103(1)(b) of this Act (driving while disqualified).
##### 3ZD
- (1) A person is guilty of an offence under this section if he or she—
- (a) causes serious injury to another person by driving a motor vehicle on a road, and
- (b) at that time, is committing an offence under section 103(1)(b) of this Act (driving while disqualified).
- (2) In this section “*serious injury*” means—
- (a) in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and
- (b) in Scotland, severe physical injury.
##### 133E
- (1) This section applies where a person has been required—
- (a) under section 125(2C) or 129(1B), or
- (b) as mentioned in section 125(5)(a)(ii) or 129(5ZA),
to submit himself for an emergency control assessment.
- (2) At any time before the assessment takes place the Registrar may withdraw the requirement (in which case this Part applies as if the requirement had never been imposed).
- (3) At any time after the assessment takes place the Registrar may direct that the requirement is to be disregarded for the purposes of this Part (and accordingly any condition that the person holds an emergency certificate is to cease to apply).
- (4) Notice of—
- (a) the withdrawal of a requirement under subsection (2), or
- (b) a direction under subsection (3),
must be given to the person on whom the requirement was imposed.
#### Exceptions to section 151.
#### Bankruptcy, etc., of insured or secured persons not to affect claims by third parties.
#### Requirements in respect of securities.
#### Exceptions to section 151.
#### Exceptions to section 151.
#### Duty to give information as to insurance or security where claim made.
#### False statements and withholding material information.
#### General index.
### Stopping officers
##### 66B
- (1) The Secretary of State shall appoint such officers as the Secretary of State considers necessary for the purpose of exercising the powers conferred on them by—
- (a) this Part of this Act;
- (b) the Goods Vehicles (Licensing of Operators) Act 1995;
- (c) the Public Passenger Vehicles Act 1981;
- (d) the Transport Act 1968;
- (e) any other enactment.
- (2) An officer appointed under this section shall act under the general directions of the Secretary of State.
- (3) The Secretary of State must not appoint a person under this section unless the Secretary of State is satisfied that—
- (a) the person is a suitable person to exercise the powers of a stopping officer;
- (b) the person is capable of effectively exercising those powers; and
- (c) the person has received adequate training for the exercise of those powers.
- (4) A power exercisable by virtue of an appointment under this section is exercisable only by a person wearing such uniform as may be determined or approved for the purposes of this section by the Secretary of State.
- (5) In this Part “stopping officer” means an officer appointed under this section.
##### 66C
- (1) A person commits an offence if the person, with intent to deceive, impersonates a stopping officer or makes any statement or does any act calculated falsely to suggest that the person is a stopping officer.
- (2) A person commits an offence if the person resists or wilfully obstructs a stopping officer who is exercising the powers of a stopping officer.
#### Licences for giving instruction so as to obtain practical experience.
#### Driving instruction for payment to be given only by registered or licensed persons.
#### Interpretation.
#### Power of police to stop vehicles.
#### Users of motor vehicles to be insured or secured against third-party risks.
@@ -11603,180 +11831,4 @@
#### Fixed penalty notices
#### Avoidance of certain agreements as to liability towards passengers.
#### Exceptions to section 151.
#### Bankruptcy, etc., of insured or secured persons not to affect claims by third parties.
#### Regulations.
#### Interpretation.
#### Index to Part VI.
#### Power of constables to obtain names and addresses of drivers and others, and to require production of evidence of insurance or security and test certificates.
#### Power to seize vehicles driven without licence or insurance
#### Power of police to stop vehicles.
#### Issue of false documents.
#### Bankruptcy, etc., of insured or secured persons not to affect claims by third parties.
#### Regulations.
#### Issue of false documents.
#### Power of police to stop vehicles.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Tramcars and other guided vehicles: drink and drugs.
#### General index.
##### 1A
- (1) A person who causes serious injury to another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.
- (2) In this section “*serious injury*” means—
- (a) in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and
- (b) in Scotland, severe physical injury.
#### Driving instruction for payment to be given only by registered or licensed persons.
#### Users of motor vehicles to be insured or secured against third-party risks.
#### Offence of keeping vehicle which does not meet insurance requirements
#### Fixed penalty notices
#### Avoidance of certain exceptions to policies or securities.
#### Interpretation.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 97A
- (1) For the purposes of an application under section 97, a person meets the relevant residence requirement if, on the date the application is made—
- (a) in the case of an application that is made by virtue of section 89(1)(ea) (application by holder of Community licence), the applicant is lawfully resident in the United Kingdom and—
- (i) is also normally resident in the United Kingdom, or
- (ii) has been attending a course of study in the United Kingdom during the period of six months ending on that date;
- (b) in the case of an application that is made by virtue of section 89(1)(f) (application by holder of exchangeable licence), the applicant is normally and lawfully resident in Great Britain but has not been so resident for more than the prescribed period;
- (c) in the case of an application that is made by virtue of section 97(2) (application for provisional licence), the applicant is lawfully resident in Great Britain and the Secretary of State is satisfied that the applicant will remain so for not less than 185 days; and
- (d) in any other case, the applicant is lawfully resident in the United Kingdom and—
- (i) is also normally resident in Great Britain, or
- (ii) has been attending a course of study in Great Britain during the period of 6 months ending on that date.
- (2) For the purposes of subsection (1) a person is not lawfully resident in Great Britain or the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it.
#### Provisions as to regulations.
#### Provisions as to regulations.
#### Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit.
##### 5A
- (1) This section applies where a person (“D”)—
- (a) drives or attempts to drive a motor vehicle on a road or other public place, or
- (b) is in charge of a motor vehicle on a road or other public place,
and there is in D's body a specified controlled drug.
- (2) D is guilty of an offence if the proportion of the drug in D's blood or urine exceeds the specified limit for that drug.
- (3) It is a defence for a person (“D”) charged with an offence under this section to show that—
- (a) the specified controlled drug had been prescribed or supplied to D for medical or dental purposes,
- (b) D took the drug in accordance with any directions given by the person by whom the drug was prescribed or supplied, and with any accompanying instructions (so far as consistent with any such directions) given by the manufacturer or distributor of the drug, and
- (c) D's possession of the drug immediately before taking it was not unlawful under section 5(1) of the Misuse of Drugs Act 1971 (restriction of possession of controlled drugs) because of an exemption in regulations made under section 7 of that Act (authorisation of activities otherwise unlawful under foregoing provisions).
- (4) The defence in subsection (3) is not available if D's actions were—
- (a) contrary to any advice, given by the person by whom the drug was prescribed or supplied, about the amount of time that should elapse between taking the drug and driving a motor vehicle, or
- (b) contrary to any accompanying instructions about that matter (so far as consistent with any such advice) given by the manufacturer or distributor of the drug.
- (5) If evidence is adduced that is sufficient to raise an issue with respect to the defence in subsection (3), the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
- (6) It is a defence for a person (“D”) charged with an offence by virtue of subsection (1)(b) to prove that at the time D is alleged to have committed the offence the circumstances were such that there was no likelihood of D driving the vehicle whilst the proportion of the specified controlled drug in D's blood or urine remained likely to exceed the specified limit for that drug.
- (7) The court may, in determining whether there was such a likelihood, disregard any injury to D and any damage to the vehicle.
- (8) In this section, and in sections 3A, 6C(1), 6D and 10, “*specified*” means specified in regulations made—
- (a) by the Secretary of State, in relation to driving or attempting to drive, or being in charge of a vehicle, in England and Wales;
- (b) by the Scottish Ministers, in relation to driving or attempting to drive, or being in charge of a vehicle, in Scotland.
- (9) A limit specified under subsection (2) may be zero.
##### 3ZC
A person is guilty of an offence under this section if he or she—
- (a) causes the death of another person by driving a motor vehicle on a road, and
- (b) at that time, is committing an offence under section 103(1)(b) of this Act (driving while disqualified).
##### 3ZD
- (1) A person is guilty of an offence under this section if he or she—
- (a) causes serious injury to another person by driving a motor vehicle on a road, and
- (b) at that time, is committing an offence under section 103(1)(b) of this Act (driving while disqualified).
- (2) In this section “*serious injury*” means—
- (a) in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and
- (b) in Scotland, severe physical injury.
##### 133E
- (1) This section applies where a person has been required—
- (a) under section 125(2C) or 129(1B), or
- (b) as mentioned in section 125(5)(a)(ii) or 129(5ZA),
to submit himself for an emergency control assessment.
- (2) At any time before the assessment takes place the Registrar may withdraw the requirement (in which case this Part applies as if the requirement had never been imposed).
- (3) At any time after the assessment takes place the Registrar may direct that the requirement is to be disregarded for the purposes of this Part (and accordingly any condition that the person holds an emergency certificate is to cease to apply).
- (4) Notice of—
- (a) the withdrawal of a requirement under subsection (2), or
- (b) a direction under subsection (3),
must be given to the person on whom the requirement was imposed.
#### Duty to give information as to insurance or security where claim made.
#### Interpretation.
#### Power of police to stop vehicles.
2016-03-02
Road Traffic Act 1988
2016-01-04
Road Traffic Act 1988
2015-06-08
Road Traffic Act 1988
2015-05-26
Road Traffic Act 1988
2015-04-12
Road Traffic Act 1988
2015-03-26
Road Traffic Act 1988
2014-12-29
Road Traffic Act 1988
2014-12-05
Road Traffic Act 1988
2013-07-03
Road Traffic Act 1988
2013-04-01
Road Traffic Act 1988
2013-01-19
Road Traffic Act 1988
2012-07-06
Road Traffic Act 1988
2012-06-08
Road Traffic Act 1988
2012-04-20
Road Traffic Act 1988
2012-01-16
Road Traffic Act 1988
2011-08-05
Road Traffic Act 1988
2011-04-22
Road Traffic Act 1988
2011-03-30
Road Traffic Act 1988
2011-02-04
Road Traffic Act 1988
2010-04-30
Road Traffic Act 1988
2010-04-23
Road Traffic Act 1988
2010-01-28
Road Traffic Act 1988
2010-01-12
Road Traffic Act 1988
2009-12-17
Road Traffic Act 1988
2009-11-12
Road Traffic Act 1988
2009-10-31
Road Traffic Act 1988
2009-10-01
Road Traffic Act 1988
2009-09-01
Road Traffic Act 1988
2009-04-29
Road Traffic Act 1988
2009-04-24
Road Traffic Act 1988
2009-04-01
Road Traffic Act 1988
2009-03-28
Road Traffic Act 1988
2009-01-05
Road Traffic Act 1988
2008-08-18
Road Traffic Act 1988
2008-05-26
Road Traffic Act 1988
2008-04-01
Road Traffic Act 1988
2007-09-24
Road Traffic Act 1988
2007-06-11
Road Traffic Act 1988
2007-03-01
Road Traffic Act 1988
2007-02-27
Road Traffic Act 1988
2007-01-29
Road Traffic Act 1988
2007-01-08
Road Traffic Act 1988
2007-01-01
Road Traffic Act 1988
2006-11-16
Road Traffic Act 1988
2006-11-08
Road Traffic Act 1988
2006-09-18
Road Traffic Act 1988
2006-08-16
Road Traffic Act 1988
2006-07-12
Road Traffic Act 1988
2006-07-03
Road Traffic Act 1988
2006-05-02
Road Traffic Act 1988
2005-11-14
Road Traffic Act 1988
2005-08-10
Road Traffic Act 1988
2005-08-02
Road Traffic Act 1988
2005-07-01
Road Traffic Act 1988
2005-06-07
Road Traffic Act 1988
2005-04-01
Road Traffic Act 1988
2005-03-01
Road Traffic Act 1988
2004-11-11
Road Traffic Act 1988
2004-11-10
Road Traffic Act 1988
2004-10-11
Road Traffic Act 1988
2004-10-01
Road Traffic Act 1988
2004-07-22
Road Traffic Act 1988
2004-04-01
Road Traffic Act 1988
2004-03-30
Road Traffic Act 1988
2004-03-29
Road Traffic Act 1988
2003-12-30
Road Traffic Act 1988
2003-12-29
Road Traffic Act 1988
2003-11-18
Road Traffic Act 1988
2003-11-09
Road Traffic Act 1988
original version Text at this date