Road Traffic Act 1991

Part I — General

Driving offences

Offences of dangerous driving

1

For sections 1 and 2 of the Road Traffic Act 1988 there shall be substituted—

(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. (2) A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence. (2A) (1) For the purposes of sections 1 and 2 above a person is to be regarded as driving dangerously if (and, subject to subsection (2) below, only if)— (a) the way he drives falls far below what would be expected of a competent and careful driver, and (b) it would be obvious to a competent and careful driver that driving in that way would be dangerous. (2) A person is also to be regarded as driving dangerously for the purposes of sections 1 and 2 above if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous. (3) In subsections (1) and (2) above “dangerous” refers to danger either of injury to any person or of serious damage to property; and in determining for the purposes of those subsections what would be expected of, or obvious to, a competent and careful driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused. (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

2

For section 3 of the Road Traffic Act 1988 there shall be substituted—

(3) If a person drives 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, he is guilty of an offence.

Drink and drugs

Causing death by careless driving when under influence of drink or drugs

3

Before section 4 of the Road Traffic Act 1988 there shall be inserted—

(3A) (1) If a person 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, and— (a) he is, at the time when he is driving, unfit to drive through drink or drugs, or (b) he has consumed so much alcohol that the proportion of it in his breath, blood or urine at that time exceeds the prescribed limit, or (c) he is, within 18 hours after that time, required to provide a specimen in pursuance of section 7 of this Act, but without reasonable excuse fails to provide it, he is guilty of an offence. (2) For the purposes of this section a person shall be taken to be unfit to drive at any time when his ability to drive properly is impaired. (3) Subsection (1)(b) and (c) above shall not apply in relation to a person driving a mechanically propelled vehicle other than a motor vehicle.

Driving under influence of drink or drugs

4

In section 4 of the Road Traffic Act 1988, in subsections (1), (2) and (3) for the words “motor vehicle” there shall be substituted the words “ mechanically propelled vehicle ”.

Motoring events

Disapplication of sections 1 to 3 of the Road Traffic Act 1988 for authorised motoring events

5

After section 13 of the Road Traffic Act 1988 there shall be inserted—

(13A) (1) A person shall not be guilty of an offence under sections 1, 2 or 3 of this Act by virtue of driving a vehicle in a public place other than a road if he shows that he was driving in accordance with an authorisation for a motoring event given under regulations made by the Secretary of State. (2) Regulations under this section may in particular— (a) prescribe the persons by whom, and limit the circumstances in which and the places in respect of which, authorisations may be given under the regulations; (b) specify conditions which must be included among those incorporated i n authorisations; (c) provide for authorisations to cease to have effect in prescribed circumstances; (d) provide for the procedure to be followed, the particulars to be given, and the amount (or the persons who are to determine the amount) of any fees to be paid, in connection with applications for authorisations; (e) make different provisions for different cases.

Danger to road-users

Causing danger to road-users

6

Before section 23 of the Road Traffic Act 1988 there shall be inserted—

(22A) (1) A person is guilty of an offence if he intentionally and without lawful authority or reasonable cause— (a) causes anything to be on or over a road, or (b) interferes with a motor vehicle, trailer or cycle, or (c) interferes (directly or indirectly) with traffic equipment, in such circumstances that it would be obvious to a reasonable person that to do so would be dangerous. (2) In subsection (1) above “dangerous” refers to danger either of injury to any person while on or near a road, or of serious damage to property on or near a road; and in determining for the purposes of that subsection what would be obvious to a reasonable person in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused. (3) In subsection (1) above “traffic equipment” means— (a) anything lawfully placed on or near a road by a highway authority; (b) a traffic sign lawfully placed on or near a road by a person other than a highway authority; (c) any fence, barrier or light lawfully placed on or near a road— (i) in pursuance of section 174 of the Highways Act 1980, section 8 of the Public Utilities Street Works Act 1950 or section 65 of the New Roads and Street Works Act 1991 (which provide for guarding, lighting and signing in streets where works are undertaken), or (ii) by a constable or a person acting under the instructions (whether general or specific) of a chief officer of police. (4) For the purposes of subsection (3) above anything placed on or near a road shall unless the contrary is proved be deemed to have been lawfully placed there. (5) In this section “road” does not include a footpath or bridleway. (6) This section does not extend to Scotland.

Cycling

Cycling offences

7

For section 28 of the Road Traffic Act 1988 there shall be substituted—

(28) (1) A person who rides a cycle on a road dangerously is guilty of an offence. (2) For the purposes of subsection (1) above a person is to be regarded as riding dangerously if (and only if)— (a) the way he rides falls far below what would be expected of a competent and careful cyclist, and (b) it would be obvious to a competent and careful cyclist that riding in that way would be dangerous. (3) In subsection (2) above “dangerous” refers to danger either of injury to any person or of serious damage to property; and in determining for the purposes of that subsection what would be obvious to a competent and careful cyclist in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.

Construction and use

Construction and use of vehicles

8

• (1) At the beginning of Part II of the Road Traffic Act 1988 there shall be inserted—

(40A) A person is guilty of an offence if he uses, or causes or permits another to use, a motor vehicle or trailer on a road when— (a) the condition of the motor vehicle or trailer, or of its accessories or equipment, or (b) the purpose for which it is used, or (c) the number of passengers carried by it, or the manner in which they are carried, or (d) the weight, position or distribution of its load, or the manner in which it is secured, is such that the use of the motor vehicle or trailer involves a danger of injury to any person.

• (2) For section 42 of that Act there shall be substituted—

(41A) A person who— (a) contravenes or fails to comply with a construction and use requirement as to brakes, steering-gear or tyres, or (b) uses on a road a motor vehicle or trailer which does not comply with such a requirement, or causes or permits a motor vehicle or trailer to be so used, is guilty of an offence. (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. (42) A person who— (a) contravenes or fails to comply with any construction or use requirement other than one within section 41A(a) or 41B(1)(a) of this Act, or (b) uses on a road a motor vehicle or trailer which does not comply with such a requirement, or causes or permits a motor vehicle or trailer to be so used, is guilty of an offence.

Vehicle examiners

9

• (1) Section 7 of the Public Passenger Vehicles Act 1981 and section 68(1) and (2) of the Road Traffic Act 1988 (which provide for the appointment of certifying officers, public service vehicle examiners and examiners of goods vehicles) shall cease to have effect, and after section 66 of the Road Traffic Act 1988 there shall be inserted—

(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 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.

• (2) Any reference in any Act, or in any instrument made under any Act, to a certifying officer or public service vehicle examiner appointed under the Public Passenger Vehicles Act 1981 or to an examiner appointed under section 68(1) of the Road Traffic Act 1988 shall, so far as may be appropriate in consequence of the preceding provisions of this section, be construed as a reference to an examiner appointed under section 66A of the Road Traffic Act 1988.

Testing vehicles on roads

10

• (1) Section 67 of the Road Traffic Act 1988 (tests on roads to ascertain compliance with certain requirements) shall be amended as follows.

• (2) In subsection (1) for paragraph (a) there shall be substituted—

(a) ascertaining whether the following requirements, namely— (i) the construction and use requirements, and (ii) the requirement that the condition of the vehicle is not such that its use on a road would involve a danger of injury to any person, are complied with as respects the vehicle;

.

• (3) For subsection (2) there shall be substituted—

(2) For the purpose of testing a vehicle under this section the examiner— (a) may require the driver to comply with his reasonable instructions, and (b) may drive the vehicle.

• (4) In subsection (4)(b) for “68(1)” there shall be substituted “ 66A ”.

• (5) In subsection (4)(e) for the words “under instructions of the” there shall be substituted the words “ on behalf of a ”.

Inspection of vehicles

11

Subsections (1) to (2) of section 8 of the Public Passenger Vehicles Act 1981 (inspection of public service vehicles) shall cease to have effect, and for section 68 of the Road Traffic Act 1988 (inspection of goods vehicles) there shall be substituted—

(68) (1) A vehicle examiner— (a) may at any time, on production if so required of his authority, inspect any vehicle to which this section applies and for that purpose detain the vehicle during such time as is required for the inspection, and (b) may at any time which is reasonable having regard to the circumstances of the case enter any premises on which he has reason to believe that such a vehicle is kept. (2) The power conferred by subsection (1) above to inspect a vehicle includes power to test it and to drive it for the purpose of testing it. (3) A person who intentionally obstructs an examiner in the exercise of his powers under subsection (1) above is guilty of an offence. (4) A vehicle examiner or a constable in uniform may at any time require any person in charge of a vehicle to which this section applies and which is stationary on a road to proceed with the vehicle for the purpose of having it inspected under this section to any place where an inspection can be suitably carried out (not being more than five miles from the place where the requirement is made). (5) A person in charge of a vehicle who refuses or neglects to comply with a requirement made under subsection (4) above is guilty of an offence. (6) This section applies to— (a) goods vehicles, (b) public service vehicles, and (c) motor vehicles which are not public service vehicles but are adapted to carry more than eight passengers; but subsection (1)(b) above shall not apply in relation to vehicles within paragraph (c) above or in relation to vehicles used to carry passengers for hire or reward only under permits granted under section 19 or 22 of the Transport Act 1985 (use of vehicles by educational and other bodies or in providing community bus services).

Power to prohibit driving of unfit vehicles

12

Section 9 of the Public Passenger Vehicles Act 1981 (unfit public service vehicles) shall cease to have effect, and for section 69 of the Road Traffic Act 1988 (unfit goods vehicles) there shall be substituted—